Effective Date: December 9, 2024

Terms of Service

1. Agreement to Terms

By accessing, purchasing, or using any services provided by Giftag LLC, including but not limited to our website, Giftag products, video messages, gift cards, and digital content delivery system (collectively, the "Services"), you explicitly acknowledge and irrevocably agree to be bound by these Terms of Service ("Terms"). Each individual use of our Services constitutes a new agreement to these Terms. If you disagree with any part of these Terms, you must immediately cease all use of our Services.

2. Acceptable Use Policy

2.1 Strictly Prohibited Content

Users are expressly forbidden from creating, uploading, transmitting, storing, or distributing any content that:

  • Violates any local, state, federal, or international laws or regulations

  • Promotes, encourages, or facilitates illegal activities of any kind

  • Contains hate speech, discriminatory content, or promotes harm against any individual or group

  • Includes harassing, threatening, or intimidating messages

  • Contains obscene, pornographic, sexually explicit, or violent material

  • Infringes upon any copyright, trademark, trade secret, patent, or other intellectual property rights

  • Attempts to interfere with or compromise our systems or services

  • Contains any content designed to disrupt or damage our platform

  • Discloses personal identifying information of minors or vulnerable persons

  • Promotes illegal substances, gambling, or prohibited activities

  • Contains profane, vulgar, offensive, or inappropriate language

  • Attempts to deceive or defraud any person or entity

2.2 Strictly Prohibited Activities

The following activities are expressly forbidden:

  • Using Giftags for any unlawful purpose or to facilitate illegal activities

  • Attempting to deceive, defraud, or harm others through our Services

  • Harassing, intimidating, or threatening any person or entity

  • Impersonating others or misrepresenting your identity

  • Attempting to manipulate or bypass our security features

  • Using our Services for money laundering or illegal transactions

  • Sharing or redistributing Giftag codes or content without authorization

  • Accessing Giftags that were not specifically sent to you

3. Content Monitoring and Enforcement

Giftag LLC maintains absolute and unrestricted rights to:

  • Monitor all content transmitted through our Services

  • Remove any content immediately and without notice

  • Block any user from accessing our Services

  • Preserve and share content with law enforcement when required

  • Take legal action against violations of these Terms

  • Report illegal activities to appropriate authorities

4. User Responsibility and Liability

Each user bears full and complete responsibility for:

  • All content created, shared, or transmitted through our Services

  • Any consequences resulting from their use of our Services

  • Ensuring all content complies with applicable laws and these Terms

  • Maintaining the security and confidentiality of their Giftag codes

  • Any unauthorized access or use of their Giftags

5. Gift Card and Financial Disclaimers

Giftag LLC explicitly disclaims all liability for:

  • Lost, stolen, or compromised gift cards

  • Unauthorized access to or redemption of Giftags

  • Delays in gift card delivery or processing

  • Issues with gift card fulfillment through our partner Giftbit

  • Technical failures affecting gift card redemption

  • Misuse of gift cards or monetary values

  • Any financial losses related to our Services

  • Issues with third-party gift card merchants

  • Gift cards are fulfilled by our partner Giftbit. While Giftag LLC strives to ensure smooth gift card delivery, we are not responsible for technical issues, delays, or problems with the gift card fulfillment process.

6. General Disclaimers and Limitations of Liability

6.1 Service Provision

Giftag LLC provides all Services strictly "as is" and makes no warranties or guarantees regarding:

  • Availability or uninterrupted operation of Services

  • Error-free functionality

  • Content preservation or storage

  • Message or gift delivery timing

  • Security against unauthorized access

  • 6.2 Comprehensive Liability Limitations

  • Under no circumstances shall Giftag LLC bear any liability for:

  • User-generated or transmitted content

  • Misuse or abuse of our Services

  • Unauthorized access to Giftags

  • Technical failures or service interruptions

  • Loss of data, content, or messages

  • Any direct, indirect, incidental, special, consequential, or punitive damages

7. Indemnification

You agree to fully indemnify, defend, and hold harmless Giftag LLC, its employees, officers, directors, contractors, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) resulting from:

  • Your violation of these Terms

  • Content you create, share, or transmit

  • Your use or misuse of the Services

  • Any activity related to your Giftags

  • Claims by third parties arising from your actions

  • 8. Enforcement and Termination

  • Giftag LLC maintains absolute right to:

  • Terminate access to Services immediately without notice

  • Remove or disable access to any content

  • Take legal action against violations

  • Refuse service to anyone at our sole discretion

  • Pursue all available legal remedies against violators

9. Modifications to Terms

Giftag LLC reserves the right to modify these Terms at any time without notice. Any use of our Services following such modifications constitutes binding acceptance of the modified Terms.

10. Governing Law and Jurisdiction

These Terms shall be governed exclusively by and construed in accordance with the laws of the United States and your local jurisdiction, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts in these jurisdictions.

11. Contact Information

For questions about these Terms, please contact us at hello@giftag.co

Last Updated: December 9, 2024