Terms of Service
These Terms of Service (“Terms”) form a binding agreement between you and GiftIt LLC, a Utah limited liability company (“GiftIt,” “we,” “us,” or “our”). They govern your access to and use of the GiftIt website at trygiftit.com, the GiftIt mobile application, the GiftIt Business portal, and any related APIs, content, and services (collectively, the “Services”).
By creating an account, clicking “I agree,” or otherwise using the Services, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not use the Services.
1. Eligibility and account registration
You must be at least 18 years old and have the legal capacity to enter into a contract to use the Services. By using the Services you represent that you meet these requirements and that the information you provide to us is accurate and current.
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@trygiftit.com if you suspect unauthorized access. We may suspend or terminate any account that we reasonably believe has been compromised, used to violate these Terms, or used in connection with fraud or other unlawful activity.
2. The Services
GiftIt is a digital marketplace that lets consumers and businesses purchase, send, schedule, and manage gift cards issued by third-party brands. Gift cards purchased through the Services are fulfilled by third-party providers (including Runa) and are subject to the terms, restrictions, and redemption rules set by the issuing brand. Those brand-specific terms are not within GiftIt’s control and may change without notice from us.
Detailed rules specific to gift card purchases — including the federal CARD Act protections, expiration, state cash-redemption thresholds, and refunds — are set out in our Gift Card Terms & Conditions, which are incorporated by reference into these Terms.
3. Acceptable use
Your use of the Services is also governed by our Acceptable Use Policy, which prohibits, among other things, fraud, money laundering, resale of gift cards purchased through the Services without authorization, scraping, reverse engineering, and abuse of our APIs. Violation of the Acceptable Use Policy is a material breach of these Terms.
4. Payments and wallet
Payments for gift card purchases, wallet top-ups, subscriptions, and business invoices are processed by our third-party payment processor (currently Stripe, Inc.). By providing a payment method, you authorize GiftIt and our processor to charge that method for the amounts you have agreed to, including any applicable taxes, and to retain the payment method on file for future authorized charges.
Wallet balances stored in your GiftIt account represent prepaid credits redeemable only for gift card purchases through the Services. Wallet balances are not bank deposits, are not insured by the FDIC or any government agency, do not earn interest, and are not transferable or assignable except as required by law. Unused wallet balances may be subject to state unclaimed-property laws after the applicable dormancy period.
5. Subscriptions and recurring purchases
Some Services are offered on a recurring basis, including scheduled gift-card subscriptions and any paid plan for GiftIt Business. By starting a subscription you authorize GiftIt to charge your selected payment method on each renewal date until you cancel. You may pause or cancel a subscription at any time in your account settings; cancellation takes effect at the end of the then-current billing cycle and we do not pro-rate refunds for partial cycles unless required by law.
6. Taxes
You are responsible for any sales, use, value-added, or other taxes that apply to your purchases, other than taxes on our net income. We will collect sales tax where required by law and remit it to the appropriate jurisdiction.
7. Intellectual property
The Services, including all software, text, images, logos, trademarks, designs, and other content (other than User Content and brand-owned gift-card content) are owned by GiftIt or its licensors and are protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business use, subject to these Terms.
You retain ownership of content you upload to the Services (such as employee rosters, recipient lists, personal messages, or logos uploaded by businesses) (“User Content”). You grant GiftIt a worldwide, royalty-free, sub-licensable license to host, store, transmit, display, and process User Content solely as needed to operate, secure, and improve the Services and to deliver gift cards to your designated recipients.
8. Third-party services and brand-owned content
Gift cards available through the Services are issued and redeemable at third-party brands. Brand names, logos, and gift card artwork are the property of their respective owners and are used through licensing arrangements with our gift-card supplier(s). GiftIt is not an agent, partner, or affiliate of any brand and makes no representations about any brand’s products or services.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GIFTIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GIFTIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless GiftIt and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms or any applicable law; (c) your User Content; or (d) your violation of any third-party right, including any intellectual-property or privacy right.
12. Termination
You may stop using the Services at any time and delete your account through the in-product settings or by emailing support@trygiftit.com. We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, our Acceptable Use Policy, or applicable law, or if continued provision of the Services to you presents a security, legal, or operational risk. Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will give reasonable notice — by posting the updated Terms with a new “Last updated” date, by email, or through the Services. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of them.
14. Dispute resolution — arbitration and class waiver
Informal resolution. Before filing any claim, you agree to first contact us at legal@trygiftit.com and attempt to resolve the dispute informally for at least sixty (60) days.
Arbitration. Except for claims that qualify for small-claims court and disputes over intellectual property, any controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in the English language and seated in Utah, or remotely where permitted.
Class-action waiver. YOU AND GIFTIT EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@trygiftit.com within thirty (30) days of first agreeing to these Terms.
15. Governing law and venue
These Terms are governed by the State of Utah without regard to conflict-of-law principles. Subject to Section 14, any dispute not subject to arbitration will be brought exclusively in the state and federal courts located in Utah, and you consent to the personal jurisdiction of those courts.
16. Miscellaneous
These Terms, together with the policies referenced above, are the entire agreement between you and GiftIt regarding the Services. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; GiftIt may assign them freely. Notices to GiftIt must be sent to legal@trygiftit.com.
17. Contact
Questions about these Terms? Email legal@trygiftit.com.