Terms of Service

Welcome to Giftly

These Terms of Service ("Terms") govern your use of Giftly ("we," "us," "our," or "the Service"), an AI-powered gift recommendation platform operated by Bula Labs, Inc. ("Company"). By accessing or using our Service, you agree to be bound by these Terms.

1. Service Description

What Giftly Does

Giftly is an AI-powered platform that helps you find personalized gift recommendations by analyzing digital information about gift recipients ("Giftees"). Our Service:

• Analyzes recipient profiles using publicly available data and AI technology.
• Suggests personalized gifts based on interests, demographics, and preferences.
• Provides affiliate links to third-party retailers where you can purchase recommended gifts.
• Enriches profiles using social media information and public data sources.

What Giftly Doesn't Do

• Guarantee gift satisfaction - Our recommendations are suggestions only.
• Handle purchases - All transactions occur with third-party retailers.
• Warranty accuracy - Profile enrichment and recommendations may contain errors.
• Provide professional advice - Our suggestions are for entertainment and convenience only.

2. Affiliate Marketing Disclosure

Important: Giftly participates in affiliate marketing programs and earns commissions from qualifying purchases.

• Amazon Associates: We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate I earn from qualifying purchases.
• Commission Disclosure: When you click links to products and make purchases, we may receive a commission at no additional cost to you.
• No Price Inflation: Affiliate relationships do not increase the price you pay.
• Editorial Independence: Our recommendations are based on AI analysis, not commission rates.

This disclosure complies with the Federal Trade Commission's requirements for affiliate marketing.

3. User Accounts and Age Requirements

Account Types

• Anonymous Users: Limited access with IP-based usage restrictions.
• Authenticated Users: Full access to personal giftee profiles and recommendations.
• Future Premium Users: Enhanced features available through subscription tiers.

Age Requirements

• You must be 18 years or older to create an account.
• If you're under 18, you may only use our Service with parental consent and supervision.
• You are responsible for ensuring any personal information you submit about others complies with applicable privacy laws.
• If you are a parent or guardian, you are responsible for monitoring your minor child's use of our Service.

4. Acceptable Use Policy

You May

• Create profiles for people you know personally for legitimate gift-giving purposes.
• Submit accurate information about yourself and gift recipients.
• Use our recommendations to purchase gifts through affiliate links.
• Provide feedback to help improve our recommendations.

You May Not

• Create fake or misleading profiles for any person.
• Submit false information intentionally to game our recommendation system.
• Use our Service for commercial purposes without written permission.
• Violate anyone's privacy rights by submitting their information without consent.
• Create profiles for minors without proper parental consent and legitimate relationship.
• Submit any content that is illegal, defamatory, or infringes intellectual property.
• Attempt to reverse engineer our AI algorithms or proprietary technology.
• Use automated tools to scrape our data or overwhelm our systems.
• Submit profiles for public figures or people you don't have a legitimate relationship with.

5. Data Collection and Privacy

Information We Collect

• Profile Information: Names, ages, interests, relationships, and other data you provide.
• Enrichment Data: Publicly available information from People Data Labs and social media platforms.
• Usage Analytics: How you interact with our platform (anonymized).
• IP Addresses: For anonymous usage tracking and security purposes.

How We Use Your Data

• Generate Recommendations: AI analysis of profile data to suggest relevant gifts.
• Improve Our Service: Machine learning and platform enhancement.
• Communicate With You: Service updates, recommendations, and support.
• Comply With Laws: Legal requirements and safety measures.

Your Privacy Rights

• Access: Request a copy of your personal data.
• Correction: Update inaccurate information in your profiles.
• Deletion: Request removal of your account and associated data.
• Portability: Export your data in a standard format.
• Complaint Rights: EU/UK residents have the right to lodge complaints with supervisory authorities regarding data processing.

Data Controller and Representatives

Bula Labs, Inc. acts as the data controller for personal information processed through our Service. For EU and UK users, we will designate appropriate representatives as required by applicable law.

Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. In the event of a data breach that may adversely affect your rights, we will notify affected users and relevant authorities within 72 hours where required by law.

For complete privacy details, see our Privacy Policy.

6. Intellectual Property Rights

Our Property

• Giftly Brand: Our name, logos, and trademarks are our property.
• AI Technology: Our recommendation algorithms and proprietary systems.
• Platform Content: UI, designs, and original content we create.

Your Content

• Profile Data: You retain ownership of information you submit.
• License to Us: You grant us a license to use your content to provide our Service.
• Responsibility: You're responsible for ensuring you have rights to submit any information.

Third-Party Content

• Product Information: Amazon and other retailers own their product data.
• Social Media: Platforms own content we analyze through their APIs.
• Respect: We respect all third-party intellectual property rights.

7. Payment and Subscriptions

Current Service

• Free Access: Basic recommendation service is currently free.
• No Billing: No payment required for current features.

Future Premium Features

• Subscription Billing: Automated monthly or annual billing for premium tiers.
• Payment Processing: Secure third-party payment processors.
• Refund Policy: 30-day refund window for premium subscriptions.
• Cancellation: Cancel anytime through your account settings.
• Auto-Renewal: Subscriptions automatically renew unless cancelled.

Corporate Services

• B2B Billing: Custom billing terms for business customers.
• Enterprise Features: Volume discounts and enhanced support available.

8. Third-Party Services and Links

External Dependencies

Our Service relies on third-party providers:

• Amazon: Product data and affiliate program.
• People Data Labs: Profile enrichment data.
• Supabase: Database and authentication services.
• Vercel: Hosting and deployment platform.

Service Interruptions

• No Guarantee: We cannot guarantee 100% uptime due to external dependencies.
• Best Effort: We work to minimize disruptions and restore service quickly.
• No Liability: We're not responsible for third-party service outages.

External Links

• Product Links: Direct you to Amazon and other retailers for purchases.
• No Control: We don't control external websites or their policies.
• Your Responsibility: Review third-party terms before making purchases.

9. Disclaimers and Limitations

AI Recommendation Disclaimers

• Suggestions Only: Our recommendations are AI-generated suggestions, not guarantees.
• No Warranty: We don't warrant that recipients will like or appreciate suggested gifts.
• AI Output Limitations: Recommendations may contain inaccuracies, bias, or outdated information. Users should independently verify gift suitability.
• No Human Review: Profiles are processed automatically; no human vetting occurs unless flagged for violations.
• Context Limitations: AI cannot understand complex personal relationships or private preferences.
• Use Judgment: Always apply your own knowledge of the gift recipient.

Service Disclaimers

• "As Is" Basis: Service provided without warranties of any kind.
• No Guarantee: No guarantee of accuracy, completeness, or availability.
• External Data: Third-party data may be inaccurate or outdated.
• Technical Issues: Software bugs and technical problems may occur.

10. Account Termination

Your Right to Terminate

• Anytime: Delete your account through account settings.
• Data Deletion: We'll remove your personal data within 30 days.
• Backup Retention: Some data may remain in backups for up to 90 days.
• Immediate Effect: Termination stops your access to personalized features.

Our Right to Terminate

We may suspend or terminate accounts for:

• Terms Violations: Breaking any provision of these Terms.
• Illegal Activity: Using our Service for unlawful purposes.
• Abuse: Harassing other users or our staff.
• Technical Abuse: Attempting to hack or overwhelm our systems.

Effect of Termination

• Access Loss: Immediate loss of account access.
• Data Retention: We may retain some data for legal compliance.
• Survival: Certain terms survive termination (liability limitations, etc.).

11. Dispute Resolution

Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles.

Jurisdiction

Any disputes will be resolved in the state and federal courts located in New Castle County, Delaware.

Informal Resolution

Before filing any claim, contact us at [email protected] to attempt informal resolution.

Limitation Period

Claims must be filed within one (1) year of the dispute arising.

12. Changes to Terms

Modification Rights

• Updates: We may modify these Terms at any time.
• Notice: We'll notify you of material changes via email or platform notice.
• Continued Use: Using our Service after changes constitutes acceptance.
• Version History: Previous versions available upon request.

Notification Methods

• Email: To your registered email address.
• Platform Notice: Prominent notice on our website.
• Advance Notice: 30 days for material changes affecting your rights.

13. Contact Information

14. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Giftly.

Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

No Waiver

Our failure to enforce any right doesn't waive that right for future violations.

Assignment

We may assign these Terms; you may not assign your rights without our consent.

Force Majeure

We're not liable for delays or failures due to circumstances beyond our reasonable control.

Electronic Communications

You consent to receive agreements and notices electronically.