Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Gift Whisper ("we," "our," or "us") governing your access to and use of the Gift Whisper platform at https://giftwhisper.app (the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service.

3. Description of Service

Gift Whisper is a platform for organizing gift exchanges. The Service provides tools for:

• Creating and managing gift exchange circles
• Random, anonymous matching of participants
• Managing wishlists and gift preferences
• Anonymous communication between gifters and giftees
• Sharing photos and moments from gift exchanges

The Service is provided free of charge. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

4. User Accounts

To access certain features, you must create an account using a valid email address. You agree to:

• Provide accurate and complete information
• Maintain the security of your account and authentication codes
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Harass, abuse, threaten, or intimidate other users
• Post or transmit content that is defamatory, obscene, or offensive
• Send spam, unsolicited messages, or promotional material
• Upload malware, viruses, or other malicious code
• Impersonate others or provide false or misleading information
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Scrape, data mine, or use automated systems to access the Service
• Use the Service for any illegal or unauthorized purpose

We reserve the right to remove any content and suspend or terminate any account that violates this policy, without notice.

6. User Content

You retain ownership of all content you submit to the Service ("User Content"), including wishlists, messages, photos, and profile information.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your content as necessary to provide and improve the Service.

You represent and warrant that:

• You own or have the right to share all content you submit
• Your content does not infringe any third-party rights
• Your content complies with these Terms and applicable laws

We are not responsible for User Content and do not endorse any opinions expressed by users.

7. Circle Keeper Responsibilities

If you create a circle, you become the Circle Keeper and assume additional responsibilities:

• Managing circle membership, settings, and access
• Ensuring participants are invited with their knowledge and consent
• Initiating and overseeing the gift matching process
• Moderating content and behavior within your circle
• Addressing disputes between participants

You are responsible for the activities within circles you create. We are not responsible for disputes, failed gift exchanges, or issues between participants.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Gift Whisper and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code, unless laws prohibit these restrictions or you have our written permission.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Errors or defects will be corrected
• The Service is free of viruses or harmful components
• The results of using the Service will meet your expectations
• Gift exchanges will be completed successfully

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIFT WHISPER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Service interruption or computer damage
• Cost of substitute services
• Any damages arising from your use or inability to use the Service
• Any disputes between participants in gift exchanges
• Failed, incomplete, or unsatisfactory gift exchanges

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gift Whisper, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with gift exchanges

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

You may terminate your account at any time by deleting your account through your profile settings or by contacting us. Upon termination, your right to use the Service will cease immediately.

Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If a dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue other remedies available under applicable law.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or representative action.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Gift Whisper operates, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the resolution of any disputes.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gift Whisper regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Gift Whisper.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.