Last updated: February 14, 2026
By accessing or using The Giftist ("Service"), operated by Giftist Inc. ("Company," "we," "us," or "our"), a company incorporated in the State of California, United States, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms apply to all visitors, users, and others who access the Service ("Users"). By using the Service, you represent that you are at least 13 years of age. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms.
The Giftist is a gift concierge platform that allows users to:
To use certain features, you must create an account using your phone number (WhatsApp) and/or Google account. You are responsible for:
We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.
You retain ownership of content you submit to the Service (wishlist items, preferences, messages). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing and improving the Service.
You agree not to submit content that:
The Service uses artificial intelligence (powered by third-party AI models) to provide gift recommendations, personalized suggestions, and conversational assistance. You acknowledge that:
The Service may facilitate gift funding contributions through third-party payment processors (Stripe). By making or receiving contributions:
The Service may offer premium subscription tiers ("Gold"). Subscription terms:
The Service may contain links to third-party websites and retailers. We are not responsible for the content, products, privacy practices, or availability of third-party sites. Product information (prices, images, descriptions) is sourced from third parties and may not be current or accurate.
The Service integrates with WhatsApp via the WhatsApp Business API. By using WhatsApp features:
The Service and its original content (excluding user content), features, and functionality are owned by Giftist Inc. and are protected by copyright, trademark, and other intellectual property laws. Our trademarks may not be used without prior written consent.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTIST INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Giftist Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in California. You waive the right to participate in class action lawsuits or class-wide arbitration.
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Service. Upon termination, your right to use the Service will cease immediately. You may request deletion of your data in accordance with our Privacy Policy.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
If you have questions about these Terms, contact us at:
Giftist Inc.
California, United States
Email: legal@giftist.ai