By accessing or using the Gift2Gift website, Platform, and/or mobile application (the "Service"), you agree to be legally bound by these Terms and Conditions of Service ("Terms") and our Privacy Policy. If you do not agree to all the Terms, you must not use the Service.
1. Acceptance of Terms
These Terms govern the use of the Gift2Gift Service. By clicking "I Accept," registering an account, or using any of the Service’s features, you represent that you have read, understood, and agreed to these Terms, as well as the information collection and use practices described in our Privacy Policy.
Country of Jurisdiction: Gift2Gift is incorporated in Mexico, and these Terms are governed by the laws of Mexico.
2. Key Definitions
The following terms, as used in these Terms and Conditions, have the same meaning given to them in our Privacy Policy:
- Company, we, our: Refers to Gift2Gift.
- Customer: The company, organization, or person that signs up to use the Gift2Gift Service to manage relationships with its consumers or service users.
- You: The individual or entity registered to use the Service.
- End User: The consumer or service user of the Customer.
- Platform or Service: The Gift2Gift website, web application, or digital application.
3. Service Use and Accounts
3.1 Account Eligibility
To use the Service, you must be a natural person over 18 years of age with full legal capacity to enter into a contract, or a duly constituted legal entity.
3.2 Account Responsibility
You are responsible for maintaining the confidentiality of your login information and all activities that occur under your account. Gift2Gift will not be liable for any loss or damage arising from your failure to comply with this obligation.
3.3 Acceptable Use
You agree not to use the Service to:
- Engage in illegal activities or promote illicit activities.
- Infringe upon the intellectual property rights of others.
- Upload or transmit viruses, malicious code, or any material that could damage the Service or the data of other users.
- Collect or store personal data of other End Users or Customers without their consent or contrary to data protection laws (including GDPR, if applicable).
4. Intellectual Property
4.1 Gift2Gift Ownership
The Service, including its graphics, user interface, functionality, and underlying software, is the exclusive property of Gift2Gift and is protected by copyright and other intellectual property laws of Mexico and other countries.
4.2 Customer Content
You retain all rights to the data, text, images, and other materials that you ( or your End Users) upload, post, or transmit through the Service ("Customer Content"). You grant Gift2Gift a worldwide, non-exclusive, royalty-free license to use, store, and process the Customer Content solely for the purpose of providing the Service.
5. Payments, Billing, and Service Gratuity
5.1 Gratuity of the Gift Draw
The core function of the Platform, which is to create and manage a gift exchange (including Secret Santa, Hidden Friend, or Invisible Friend), is and will remain entirely free of charge. Gift2Gift will not apply any fees for the use of this essential functionality.
5.2 Additional Paid Services
Gift2Gift reserves the right to offer additional services, features, or add-ons ("Premium Services") which may be subject to fees. If you choose to purchase or use any of these Premium Services, you agree to pay all applicable fees in accordance with the payment terms presented to you at the time of purchase.
5.3 Third-Party Services
The Service uses third-party service providers for essential functions such as hosting, database management, and payment processing (if applicable to Premium Services). By using the Service, you agree that Gift2Gift is not responsible for the accuracy, completeness, or availability of such Third-Party Services, and your use is subject to the terms and policies of those third parties.
6. Termination and Cancellation
6.1 Termination by You
You may cancel your account and stop using the Service at any time. You must follow the cancellation procedures provided on the Platform.
6.2 Termination by Gift2Gift
Gift2Gift may suspend or terminate your access to the Service, in whole or in part, at any time if: (a) you breach these Terms; (b) we are required to do so by law; or (c) Gift2Gift decides to discontinue the Service.
6.3 Data Deletion Upon Termination
Upon termination, Gift2Gift will delete your personal information and account data in accordance with our Privacy Policy, although backup copies of data may be retained for up to 60 days or the time necessary to comply with legal or regulatory obligations.
7. Disclaimer of Warranties and Limitation of Liability
7.1 Disclaimer of Warranties
The Service is provided "as is" and "as available," without warranties of any kind. Gift2Gift does not guarantee that the Service will be uninterrupted, secure, or error-free.
7.2 Limitation of Liability
To the maximum extent permitted by law, Gift2Gift will not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising from your access to or use of the Service. Gift2Gift’s total liability for any claim related to the Service will be limited to the amount you paid to Gift2Gift for the use of Premium Services in the twelve (12) months preceding the event giving rise to the liability.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of law principles. You agree to the exclusive jurisdiction of the courts located in Mexico for the resolution of any dispute.
9. Changes to the Terms
Gift2Gift reserves the right to modify or replace these Terms at any time. We will notify you of any material changes by posting the new Terms on the Platform and updating the "Effective Date" at the top. If you do not agree to the new Terms, you must stop using the Service. Your continued use of the Service after the posting of any changes constitutes your acceptance of those changes.
10. Contact Us
If you have questions about these Terms, please contact us at:
- Email: hello@gift2gift.me
¿Tienes preguntas sobre este documento? Contáctanos en hello@gift2gift.me