Legal

Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") form a binding agreement between you and Nikita Šatunov, doing business as Giftsmith ("we," "us," or "our"), governing your use of the Giftsmith mobile application (the "Services"). By downloading or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Giftsmith is a mobile application that helps you capture gift ideas, manage the people who matter to you, and track upcoming occasions so you never forget an important date.

2. Eligibility

You must be at least 18 years old to use the Services. By using Giftsmith, you represent and warrant that you are at least 18 years of age. If you are under 18, do not use the Services.

3. Your account

You sign in using Apple or Google. You are responsible for all activity that occurs under your account, and for keeping your sign-in credentials secure. You agree to provide accurate information and to keep it up to date.

4. Your content

You retain ownership of the content you create in the Services — including the people you track, occasions, gift ideas, photos, links, and notes ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, and process Your Content solely for the purpose of operating and improving the Services for you.

You are responsible for Your Content. You agree not to upload content that is unlawful, infringing, defamatory, or that violates the privacy or rights of others.

5. AI suggestions

Some features of the Services may use third-party language models to generate gift suggestions or other content. These suggestions are generated automatically and may be inaccurate, incomplete, or unsuitable. They are provided for inspiration only — use your own judgment.

6. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, including attempts to obtain sensitive account information.
• Circumvent, disable, or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Reverse-engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code of the Services, except as permitted by applicable law.
• Attempt to gain unauthorized access to the Services, other users' accounts, or our systems.
• Use the Services to store or process information about other people in violation of applicable privacy laws.
• Interfere with, disrupt, or create undue burden on the Services or the networks connected to them.
• Upload or transmit viruses, malware, Trojan horses, or any other malicious code.
• Use any automated system — bots, scripts, scrapers, data-mining tools, or similar — to access the Services, except for standard search-engine indexing.
• Impersonate another user or person, or use another user's account.
• Engage in unauthorized framing of or linking to the Services.
• Delete copyright or other proprietary notices from any content.
• Sell, transfer, or sublicense your account or profile to anyone else.
• Use the Services as part of any effort to compete with us, or for any revenue-generating endeavor not approved by us.

We reserve the right to suspend or terminate accounts that violate these Terms.

7. Third-party links

The Services let you save links to websites and resources operated by others (for example, product pages on retailer websites). We do not own or control these third-party sites and are not responsible for their content, privacy practices, or availability. Following a link is at your own risk and subject to that site's own terms.

8. Intellectual property

The Services, including all software, text, graphics, and design ("Our Content"), are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use, subject to these Terms.

9. Copyright complaints

If you believe that material on the Services infringes your copyright, please contact us at legal@giftsmith.app with: a description of the copyrighted work, the location of the allegedly infringing material, your contact information, and a statement that you have a good-faith belief that the use is not authorized. We will review and respond to valid notices.

10. Updates to the Services

We may add, change, or remove features at any time. We may also suspend the Services for maintenance or updates. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.

11. Termination

You may stop using the Services and delete your account at any time from within the app. We may suspend or terminate your access if you violate these Terms or use the Services in a way that could expose us to legal risk. On termination, the licenses you grant us continue only as needed to maintain backups or comply with law; otherwise your data is deleted as described in our Privacy Policy.

12. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any content (including AI-generated suggestions) will be accurate or reliable.

13. Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Giftsmith or its operator be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Services.

Our total aggregate liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the lesser of (a) the amount you have paid us in the six (6) months preceding the event giving rise to the claim, or (b) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply only to the extent permitted by law, and your statutory consumer rights remain unaffected.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Services, Your Content, or your breach of these Terms.

15. Dispute resolution

Informal negotiations. Before filing any formal claim, you and we agree to try to resolve the dispute informally for at least 30 days by contacting us at legal@giftsmith.app.

Arbitration. If the dispute is not resolved informally, it shall be finally settled by binding arbitration administered by the Court of Arbitration of the Estonian Chamber of Commerce and Industry. The seat of arbitration shall be Tallinn, Estonia, and the language of the arbitration shall be English. Each party shall bear its own costs unless the arbitrator decides otherwise.

Class action waiver. Disputes shall be resolved on an individual basis. You agree not to participate in any class, collective, or representative action against us, except where such a waiver is unenforceable under applicable law.

Consumer rights. If you are a consumer in the European Union, United Kingdom, or another jurisdiction with mandatory consumer protections, nothing in this section limits your right to bring proceedings in your local courts or to rely on local consumer protection laws.

16. Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict-of-laws principles. If you are a consumer in the EU, UK, or another jurisdiction with mandatory consumer-protection rules, those rules continue to apply to you regardless of this choice of law.

17. Changes to these terms

We may update these Terms from time to time. The updated version will be indicated by a revised "Last updated" date at the top of this page. For material changes, we will notify you in-app at least 7 days before the changes take effect.

Updates that are necessary to address security vulnerabilities, fix bugs, or comply with a court order may take effect immediately upon notification.

18. Services management

We reserve the right, but not the obligation, to: monitor the Services for violations of these Terms; take appropriate legal action against anyone who violates the law or these Terms; refuse, restrict, or disable any of your content if needed; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights and to facilitate proper functioning.

19. Corrections

There may be information in the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and to update information at any time without prior notice.

20. User data and backups

We maintain certain data you transmit to the Services in order to operate them. Although we perform routine backups, you are solely responsible for the data you transmit or that relates to your activity within the Services. We have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption. For details on how we handle personal data, see our Privacy Policy.

21. Electronic communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically (via email or in-app) satisfy any legal requirement that such communication be in writing. You waive any rights under any laws requiring an original (non-electronic) signature or delivery of non-electronic records, to the extent permitted by applicable law.

22. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

23. Contact

Questions about these Terms? Email legal@giftsmith.app or support@giftsmith.app.