Terms of Use

Gift.me — Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING GIFT.ME, THE WEBSITE AND MOBILE APPLICATIONS AT GIFT.ME (THE "SITE"), THE SOCIAL, DATING, LOCATION-DISCOVERY, MESSAGING, AND GIFTING SERVICES AVAILABLE ON THE SITE, AND ANY GIFTING, REWARDS, OR E-COMMERCE FEATURES MADE AVAILABLE THROUGH THE REALGIFTS WIDGET, JAVASCRIPT CLIENT, API, OR OTHER PLUGINS EMBEDDED IN THE SITE (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU ("YOU") AGREE TO THESE TERMS OF USE (THESE "TERMS"), OUR PRIVACY POLICY, OUR COMMUNITY GUIDELINES, AND ALL OTHER POLICIES REFERENCED HEREIN (TOGETHER, THE "AGREEMENT"). IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

The Service is owned and operated by Gift.me, LLC, a Nevada limited liability company ("Gift.me," "we," "us," or "our"). YOUR CONTINUED USE OF OR ACCESS TO THE SERVICE WILL BE DEEMED ACCEPTANCE OF THESE TERMS, INCLUDING ANY UPDATES.

IMPORTANT — SAFETY: GIFT.ME DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. See Online Dating Safety; No Background Checks below. Verification badges and our screening tools are safeguards, not guarantees, and are not a substitute for your own good judgment. You are solely responsible for your interactions with other users.

IMPORTANT — DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES AND CANADA: the Disputes — United States and Canada section below requires you to resolve disputes with us on an individual basis through binding arbitration and to waive your right to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms, as described in that section.

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What This Means in Plain English

THIS SUMMARY IS NOT PART OF THE TERMS, IS NOT LEGAL ADVICE, AND DOES NOT MODIFY OR REPLACE THE FULL TERMS. The full text of the Terms below is the controlling agreement. If anything in this summary appears to conflict with the full Terms, the full Terms govern.

• Gift.me is a social, dating, and location-based discovery platform where people connect, share content, message, and celebrate one another through thoughtful gifting. Gifting and related e-commerce features are powered by the RealGifts widget. See Acceptance & Eligibility.
• You must be at least 18 (and the age of majority where you live) to use the Service, and you may have only one account per person. Your account belongs to Gift.me and is licensed to you. Don't share your account or credentials. See Accounts.
• We do not run criminal background checks. Dating and meeting people carries real-world risk. Never send money, gift cards, cryptocurrency, banking details, or sensitive personal information to anyone you meet on Gift.me. Trust your instincts; report concerns to us and to law enforcement. See Online Dating Safety.
• Location and "nearby" features are core to Gift.me. They involve proximity and location data that can reveal your general whereabouts. No privacy setting is perfect; share only what you're comfortable with others seeing. See Privacy, Location & Content Visibility.
• You control who can reach you — you can block, report, and manage interactions at any time. See Block, Report & Your Controls.
• Some Gift.me features are paid (such as premium membership). Paid features may auto-renew until you cancel; cancellation is easy and available the same way you signed up. Trials may be offered. See Premium Membership, Trials & Auto-Renewal.
• Gifting, gift delivery, Store Credit, returns, and recurring gifts are provided through the RealGifts widget and are governed by RealGifts' own Terms of Use, which are incorporated here by reference. Your home address is private by default and is not shared with other users. See Gifting & E-Commerce.
• We use industry-standard safeguards, but no system is perfectly secure. We are not liable for events outside our reasonable control. See No Warranties and Limitation of Liability.
• Our maximum total liability to you is generally capped at the greater of US$100 or the amount you paid to Gift.me for the specific transaction or service giving rise to the claim (counted only if paid to Gift.me within the 12 months before the claim; otherwise US$100). Purchases, gifts, and memberships sold or fulfilled through the RealGifts widget — where RealGifts is the merchant of record — are governed by the RealGifts Terms and RealGifts' own liability cap; amounts you pay to RealGifts aren't amounts paid to Gift.me. Some jurisdictions don't allow these limits; where they don't, they don't apply to you. See Limitation of Liability.
• If you live in the U.S. or Canada and have a dispute with us, you and Gift.me agree to first try to resolve it informally for at least 60 days, then to use individual binding arbitration (AAA by default, or JAMS) in Clark County, Nevada. You give up your right to a jury trial and to participate in a class action. You may bring eligible claims in small-claims court, and you may opt out of arbitration within 30 days. See Disputes — United States and Canada.
• If you live outside the U.S. and Canada, Nevada law and Clark County courts apply by default, but mandatory consumer-protection rights in your country (including the EEA, UK, Switzerland, Australia, and New Zealand) still apply. See Disputes — Other Countries.
• We use automated systems (including AI / machine learning) for verification, fraud detection, content moderation, matching, and discovery. Where the law gives you the right, you may request human review of automated decisions that significantly affect you. See Automated Processing and AI Notice.
• Our Privacy Policy describes what personal information we collect, how we use it, and your privacy rights.

The full Terms below govern your use of the Service. If you have questions, see Contact.

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1. Acceptance, Eligibility & Changes to These Terms

By accessing or using the Service — including the Gift.me website and apps, the social, dating, location-discovery, messaging, and gifting features, and any gifting or e-commerce features made available through the RealGifts widget, JavaScript client, API, or other plugins — you agree to these Terms, whether you use the Service as a visitor ("Visitor") or as a registered member ("Member"). "User" refers to a Visitor or a Member.

The Service is intended only for users who are at least 18 years of age (or the age of majority in your jurisdiction, if higher). By using the Service, you represent and warrant that you are at least 18 and meet any higher age of majority that applies to you, that all registration and profile information you submit is truthful and accurate, that you will keep it accurate, and that your use of the Service does not violate any law or regulation. We may, in our sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time.

We may update these Terms from time to time. When we do, we will post the updated Terms here and update the "Last updated" date above. For material changes, we will provide reasonable advance notice (for example, by posting a notice on the Site, by in-app notice, or by email where required by law). Your continued use of the Service after the effective date of an updated version constitutes acceptance.

2. Eligibility & User Safety Representations

Because Gift.me is a platform on which adults meet, connect, and may arrange to interact in person, you additionally represent, warrant, and agree, each time you access or use the Service, that:

• you are at least 18 years old (or the age of majority where you live, if higher);
• you have never been convicted of, or pleaded guilty or no contest to, any felony, any crime involving violence, or any sexual offense;
• you are not, and have never been, required to register as a sex offender with any government entity under any jurisdiction's law;
• you are not subject to any court order, restraining order, or other legal restriction that would make your use of a dating or social-meeting service unlawful or unsafe to others; and
• you will not use the Service to harm, defraud, harass, stalk, exploit, or endanger any other person.

These representations are a material condition of your right to use the Service. We may suspend or terminate the account of any User who breaches them or whom we reasonably believe to present a risk to the community, as described in Termination.

3. Online Dating Safety; No Background Checks

Safety awareness. Connecting with people you do not know carries inherent risk. Please follow safer-meeting practices, including: keep conversations on the Service until you trust the other person; never send money, gift cards, cryptocurrency, banking or payment details, or sensitive personal information to anyone you meet on the Service; do not share your home address, financial accounts, government identification, or passwords; tell a friend or family member your plans; meet for the first time in a public place; arrange your own transportation; remain in control of your transportation and surroundings; and stop communicating with anyone who pressures you for money or personal information or who makes you feel unsafe. If you ever feel you are in danger, contact local emergency services immediately.

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS. GIFT.ME DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS, IDENTITY-VERIFICATION CHECKS THAT CONFIRM A PERSON'S CRIMINAL HISTORY, OR SEX-OFFENDER-REGISTRY CHECKS ON ITS MEMBERS BEFORE PERMITTING THEM TO COMMUNICATE WITH OTHER MEMBERS. A "verified," "verified profile," or similar badge or indicator means only that the account completed our automated and/or human photo- and data-based authenticity checks; it does NOT confirm any person's identity, age, criminal history, background, intentions, or conduct, and is not a guarantee of safety. (This disclosure is provided in bold, capitalized type for the benefit of residents of New Jersey, Illinois, and other jurisdictions whose laws require it, including under the New Jersey Internet Dating Safety Act, N.J.S.A. 56:8-168 et seq., and the Illinois Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act, 815 ILCS 518/1 et seq.)

No false sense of security; right to investigate without duty. Our verification, moderation, and anti-fraud tools are safeguards only and are not perfect. Nothing in these Terms creates any duty on Gift.me to screen, investigate, or conduct background checks on any User, and we expressly disclaim any such duty. We may, but are not obligated to, investigate reports or signals of misconduct, consult publicly available information or sex-offender registries, and remove or block any User we reasonably believe has engaged in misconduct or been convicted of a relevant offense. Conducting (or not conducting) any such investigation does not create a duty to do so for any other User or in any other instance, and does not make us responsible for the conduct of any User.

Your responsibility. You are solely responsible for your interactions with other Users, online and offline. We do not, and cannot, mediate or take responsibility for private transactions, communications, or in-person meetings between Users. Report suspicious or unsafe activity to us through the in-app reporting tools or [email protected], and to law enforcement where appropriate.

4. SMS, Push & Electronic Communications

If you provide a mobile number and opt in, we (or others acting on our behalf) may send you text messages about your account, activity, matches, messages, gifts, delivery updates, security, and — where you have agreed — marketing. Message frequency varies. Message and data rates may apply. Consent to receive marketing texts is not a condition of any purchase. You can opt out of texts at any time by replying STOP, and reply HELP for help. Carriers are not liable for delayed or undelivered messages, and standard carrier terms apply. By providing a mobile number, you represent that you are the subscriber or customary user of that number and will notify us if it changes.

Push notifications. If you use our mobile app, we may send push notifications about activity on the Service (such as messages, matches, gifts, or profile activity) when you enable notifications on your device. You can disable push notifications at any time through your device or in-app settings.

Your consent to electronic communications and electronic signatures is described in Integration, Severability & Miscellaneous below.

5. Privacy, Location & Content Visibility

Our Privacy Policy (the "Privacy Policy") is incorporated into these Terms. We use commercially reasonable administrative, technical, and physical safeguards designed to protect personal information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Location and "nearby" features. Gift.me is a location-aware platform. Discovery, "nearby," proximity, and similar features rely on location signals (such as GPS, geolocation, IP-derived location, and location-tagged content). When you enable these features or post location-tagged content, proximity and location data may be used and shown to other Users to power discovery and matching, and may reveal your general whereabouts. You control whether location services are enabled and can adjust or disable many location features in your device or account settings; some features may be unavailable if you disable location. Please consider this before enabling location sharing or posting location-tagged content.

No guarantee of absolute privacy. We work hard to honor the privacy settings and "private" modes you choose. However, no online platform can guarantee absolute privacy. Content can be screenshotted, recorded, copied, re-shared by recipients or other Users, indexed by search engines, or otherwise disclosed, and technical issues, user behavior, or legal obligations may affect visibility. Share only what you would be comfortable with others seeing. Your home and delivery address is private by default and is not shared with other Users; gifts are delivered privately through the RealGifts widget. See Gifting & E-Commerce.

To the maximum extent permitted by applicable law, Gift.me and its affiliates and agents are not responsible or liable for any unauthorized access to, disclosure of, or other unintended processing of personal information that arises out of or relates to: (i) third-party criminal acts (including hacking, account takeover, phishing, social engineering, or other unauthorized access) not caused by Gift.me's gross negligence or willful misconduct; (ii) the acts or omissions of other Users, recipients, senders, or partners that are beyond Gift.me's reasonable control; (iii) inaccurate, incomplete, or outdated information you provide; or (iv) events of force majeure. Nothing in this paragraph limits any liability that cannot be limited under applicable law (including for fraud, gross negligence, or willful misconduct).

To report a privacy concern, email [email protected] or contact us at the address in the Contact section below.

6. Block, Report & Your Controls

You are in control of who can reach you. The Service provides tools to block, mute, unmatch, and report other Users and to manage who may contact you and how. We encourage you to use them. When you report a User or content, we may review the report using automated and/or human moderation. We may act on reports at our discretion, including by removing content, limiting features, or suspending or terminating accounts, as described in Termination. Using the block and report tools does not relieve you of responsibility for your own safety; see Online Dating Safety.

7. Accounts

To use certain features of the Service you must register and choose a password. You will provide accurate, complete, and updated registration information.

• One account per person. You may register and maintain only one account per person, except where we expressly permit additional accounts in writing or through documented Service features. Creating, using, or maintaining multiple accounts to circumvent these Terms, our pricing, our promotional rules, a block by another User, or our security or anti-abuse measures is a material breach.
• Account ownership. Gift.me owns and controls the technical, account, and identifier infrastructure of the Service. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use your account in accordance with these Terms. You have no ownership interest in your account, in any internal identifiers, or in any membership status or in-account value (such as Store Credit, which is governed by the RealGifts Terms referenced in Gifting & E-Commerce).
• Identity verification. We may, at any time and in our sole discretion, require you to verify your identity, age, payment method, or other registration information, including by submitting a government-issued ID or completing photo verification. We may suspend or limit access to all or part of the Service until verification is complete. We may use third-party identity-verification, fraud-screening, and sanctions-screening providers and may share information with them for these purposes. Verification confirms authenticity signals only and does not confirm criminal history; see Online Dating Safety.
• Account security. You are responsible for activity on your account, for safeguarding your credentials, and for promptly notifying us of any unauthorized use or other security concern. We strongly recommend enabling available security features such as two-factor authentication. We may suspend or terminate access immediately, without prior notice, if we reasonably believe your account has been compromised, is being used in violation of these Terms, or poses a risk to the Service, other Users, or third parties.
• Non-transferable; survives death. Your account, your credentials, your username, and any in-account value are personal to you and are not transferable. All rights to your profile and the contents of your account terminate upon your death.

8. Usernames and Profiles

Usernames, handles, and profile identifiers are part of the Gift.me experience and belong to the platform. While we generally respect the names people choose, we reserve the right to reclaim, reassign, modify, or remove any username or profile identifier at any time, for any reason or no reason, in our sole discretion — for example, for inactive accounts (by default, accounts inactive for 180 or more days), for non-premium accounts, to resolve disputes, to address impersonation or trademark concerns, or to keep the community organized and welcoming. You acquire no ownership, intellectual-property, or other right in any username or identifier.

9. Rules and Conduct

You agree to use the Service only for lawful, personal, non-commercial purposes permitted by these Terms and our Community Guidelines. "Content" means any information, data, text, software, scripts, graphics, images, audio, video, and interactive features made available by us, by other Users, or by our partners on or through the Service.

You will not, and will not permit or assist any third party to, take any action or upload, post, transmit, or otherwise distribute any Content or application that:

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;
• includes a photograph, intimate image, or other identifying information about another person without that person's consent;
• constitutes non-consensual intimate imagery, sexually explicit content involving any non-consenting individual or any minor, or any content that sexually exploits, abuses, or endangers a minor;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, hateful, or that promotes racism, bigotry, hatred, or physical harm against any group or individual;
• harasses, threatens, stalks, intimidates, doxxes, or incites violence against any person;
• promotes self-harm, suicide, terrorism, human trafficking, or real-world violence;
• offers, solicits, advertises, or promotes prostitution, escort or commercial sexual services, sexual services in exchange for money or other consideration, or human trafficking, or any other commercial sexual activity prohibited by applicable law or our Community Guidelines;
• constitutes spam, unsolicited or bulk advertising, junk messaging, chain messages, pyramid or "money-flipping" schemes, romance-scam or advance-fee solicitations, or other commercial solicitation not authorized by us in writing;
• involves contests, sweepstakes, or barter without our prior written consent;
• impersonates or misrepresents any person or entity, including any officer, director, employee, or agent of Gift.me or RealGifts, or misrepresents your age, identity, or affiliation;
• sells, transfers, rents, or markets your account, profile, or username;
• harvests email addresses, phone numbers, location data, images, or other information of other Users for unsolicited contact or any unauthorized purpose;
• covers, obscures, frames, or impersonates any Gift.me or RealGifts user interface or branding;
• contains software viruses, ransomware, or any code, files, or programs designed to disrupt, damage, limit, or interfere with the proper function of any system, or to obtain unauthorized access to any system or data; or
• uses automated scripts, bots, scrapers, or crawlers to collect information from, or interact with, the Service without our written consent.

You also will not (i) impose an unreasonable or disproportionately large load on Gift.me or its providers; (ii) interfere with the Service or any activities conducted on it, or with its security; (iii) bypass any measures we use to prevent or restrict access (including evading a block, suspension, or ban); (iv) decipher, decompile, disassemble, reverse engineer, or attempt to derive any source code or underlying ideas of any part of the Service, except where applicable law specifically prohibits such restriction; or (v) modify, translate, or create derivative works of any part of the Service. You will comply with all applicable local, state, national, and international laws.

Child safety and non-consensual intimate imagery — zero tolerance. Gift.me has zero tolerance for child sexual abuse material ("CSAM"), the sexualization or grooming of minors, and non-consensual intimate imagery ("NCII") — including "revenge porn," sexually explicit deepfakes, and the recording, sharing, or threatened sharing of intimate images of a person without that person's consent. You may not create, upload, post, store, share, request, solicit, or facilitate any such content, or use the Service to exploit, sexualize, or endanger any minor or to threaten or coerce any person with intimate imagery. We use automated and human review to detect and act on this content. When we identify violations, we will remove the content, suspend or terminate the responsible accounts, preserve relevant records, and report apparent CSAM to the National Center for Missing & Exploited Children ("NCMEC") and/or to law enforcement as required by 18 U.S.C. § 2258A and other applicable law. If intimate imagery of you, or content that exploits a minor, appears on the Service, report it immediately through the in-app reporting tools or to [email protected] and we will expedite review and removal. We cooperate with law enforcement and with recognized victim-protection and hash-matching programs to the extent appropriate. Nothing in this paragraph limits any reporting obligation we have under applicable law.

10. User Submissions and Content License

The Service lets you upload, submit, post, display, transmit, or otherwise make available Content, including profile information, photos, videos, stories, captions, comments, messages, wishlists, gift ideas, and reviews ("User Submissions"). You retain ownership of your User Submissions. By posting User Submissions on or through the Service, you:

• grant Gift.me, its affiliates, and their assignees a worldwide, non-exclusive, sublicensable, royalty-free, transferable license to host, store, use, reproduce, display, perform, adapt, modify, translate, create derivative works of, and distribute your User Submissions in connection with operating, providing, developing, promoting, and improving the Service (including promotional uses of the Service). We do not sell your personal User Submissions to third parties for their own independent marketing, and use of your User Submissions remains subject to the Privacy Policy;
• represent and warrant that you own or control all rights in your User Submissions, that they are accurate, and that their posting and use as described will not infringe or violate the rights of any third party or any law; and
• acknowledge that User Submissions are not treated as confidential or proprietary, and that other Users and recipients may view, copy, screenshot, or re-share Content you make visible to them.

You are solely responsible for your User Submissions. You will not provide us with any information you wish to keep confidential. Gift.me has no obligation to monitor the Service but may, in its sole discretion, review, refuse, remove, hide, or restrict any User Submission at any time, for any reason or no reason, including upon reports or legal claims. The license you grant continues for as long as needed to operate the Service and, after removal or termination of your account or any User Submission, only to the extent reasonably necessary (for example, in backups, legal compliance, dispute resolution, or where the Content was shared with or re-shared by others), as described in the Privacy Policy.

11. Profile Verification, Anti-Fraud & Transaction Safety

Helping you connect with real people matters to us. During onboarding and on an ongoing basis, we use a broad range of automated and AI-assisted checks — including photo and data analysis — designed to confirm authentic accounts and to detect, reduce, and remove fake profiles, bots, and bad actors. Some accounts or activity may also undergo human review, and we may require a government-issued ID or other identity verification in certain circumstances. These measures help, but no screening process is perfect, and they are not criminal background checks (see Online Dating Safety). A "verified" badge or indicator does not guarantee any person's identity, age, intentions, background, or conduct. Verification is a safeguard, not a substitute for your own judgment. We may suspend, limit, or remove accounts or content based on automated or human review, as described in Automated Processing and AI Notice and Termination.

12. Premium Membership, Trials & Auto-Renewal

Some Gift.me features require a paid premium membership or other paid features (collectively, "Paid Features"). The following applies to any Paid Feature you purchase.

How billing works. Gift.me's gifting and e-commerce, including Paid Features, are powered by the RealGifts widget and platform. A premium membership is provided to you as a recurring membership/subscription benefit that Gift.me lists as a product through the RealGifts platform and orders on your behalf through the RealGifts API. When you purchase or start a membership, you authorize Gift.me to place an order (and, for an auto-renewing plan, recurring orders) on your behalf through the RealGifts widget for the applicable membership benefit, and to grant or extend your membership when the order is fulfilled. Payment processing, billing, refunds, Store Credit, and related commerce mechanics are handled through the RealGifts widget and are governed by the RealGifts Terms of Use, which are incorporated here by reference (see Gifting & E-Commerce).

Plans, pricing & trials. Before you confirm a Paid Feature, we will present, clearly and conspicuously, the price, the billing frequency (for example, monthly, every three months, every six months, or annually), the length and terms of any free or discounted trial that applies to your purchase, the date your first or next charge will occur, and how to cancel. We may, in our discretion, offer free or discounted introductory trials to some users; trials are not guaranteed, are not offered to all users, and may vary in length, scope, membership level, eligibility, and availability. The specific terms of any trial offered to you — including its length, what you will be charged when it ends, and the date of that charge — will be presented to you at the time the trial is offered (for example, at sign-up). Unless you cancel before the trial ends, your plan will convert to a paid plan at the disclosed rate.

Express consent to auto-renewal. Auto-renewing plans renew automatically at the then-current price and on the billing frequency you selected, until you cancel. Where required by law, we will obtain your separate, express affirmative consent to the auto-renewal terms before charging you, provide a post-purchase acknowledgment of the terms and how to cancel, and retain records of your consent as required.

Cancellation. You can cancel a Paid Feature at any time, and cancellation is easy. You may cancel through your account settings (the same way you signed up, if you signed up online) or by contacting [email protected]; where we offer cancellation by phone, you may cancel by calling 888-558-4438. We will not obstruct or delay cancellation. Cancellation stops future renewals; it does not retroactively refund a membership period already started, except where required by law or as provided in the RealGifts Terms. Benefits generally continue until the end of the then-current paid period.

Changes & advance notice. Where required by applicable automatic-renewal law (including the laws of California, New York, and other states), we will provide advance notice of price changes and renewal reminders, and will honor the cancellation rights those laws require. We may pause, suspend, modify, or cancel a Paid Feature or membership, in whole or in part, with or without advance notice, if a payment fails or a payment method is declined or expires; if required by law or to address suspected fraud, abuse, or risk; if an event of force majeure prevents performance; or if the underlying RealGifts product or integration is discontinued. If we cancel a renewal we will not fulfill, we will not charge you for it.

13. Gifting & E-Commerce (Powered by RealGifts)

Gifting, rewards, gift delivery, Store Credit, gift cards, returns, exchanges, recurring gifts, and related e-commerce features are made available on the Service through the RealGifts widget, JavaScript client, API, and plugins operated by RealGifts, LLC, an affiliated company. Those gifting and e-commerce features, and any transaction you make through them (including pricing, authenticity, delivery, Store Credit, recurring gifts, returns, and refunds), are governed by the RealGifts Terms of Use and Privacy Policy, which are incorporated into this Agreement by reference for those features. Where the RealGifts Terms conflict with these Terms as to a RealGifts-powered gifting or e-commerce transaction (including dispute resolution for claims arising solely from that transaction), the RealGifts Terms govern that transaction; these Terms otherwise continue to apply to your use of the Gift.me social, dating, location, and messaging Service.

Private delivery. Gifts are delivered privately through the RealGifts widget. Your home and delivery address is private by default and is not disclosed to the sender or to other Users. Senders and recipients are connected through the Service and the widget without exchanging private contact or address information, except as you expressly choose or as necessary to fulfill and deliver a gift through RealGifts.

When the Service is embedded with the RealGifts widget, actions you take — such as purchasing, redeeming, or exchanging a gift, or adding, removing, or viewing a wishlist — may be communicated between Gift.me and RealGifts and may trigger features such as activity posts, notifications, or displays of your activity, according to your settings. Your activity as displayed is governed by these Terms and the RealGifts Terms and Privacy Policy. Please review your settings if you wish to control how your activity appears.

14. Third-Party Sites, Logins & Integrations

The Service may include links to third-party sites, may let you sign in through third-party identity providers (such as Apple, Google, or Facebook), and is integrated with the RealGifts widget and other third-party services. Gift.me is not responsible for the content, functions, accuracy, legality, or practices of any third-party site or service. Your use of a third-party login or service is governed by that third party's own terms and privacy policy. If you connect a third-party login, you authorize us to receive certain information from that provider as described in our Privacy Policy.

Mobile applications and app-store distribution. The Service is currently provided primarily through our website. If and when we distribute a Gift.me mobile application through a third-party app marketplace (such as the Apple App Store or Google Play, each an "App Provider"), your download and use of that application are also subject to the App Provider's applicable terms (including, for Apple, the Licensed Application End User License Agreement). To the extent of any conflict between those App Provider terms and these Terms with respect to your use of the application obtained from that marketplace, the App Provider's required terms control solely to the extent required. You acknowledge that: (i) these Terms are between you and Gift.me, not the App Provider, and the App Provider is not responsible for the Service or its content; (ii) the App Provider has no obligation to provide maintenance or support for the application; (iii) the App Provider is not responsible for addressing any claims relating to the application or your use of it (including product-liability claims, claims that the application fails to conform to legal or regulatory requirements, and claims under consumer-protection or privacy law); (iv) in the event of any third-party claim that the application or your use of it infringes intellectual-property rights, Gift.me, not the App Provider, is responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms; (v) you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and are not on any U.S. Government restricted-party list (see Export Controls and Sanctions); and (vi) the App Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to the application, and may enforce these Terms against you. Any paid subscriptions or in-application purchases made through an App Provider's billing system are also subject to that App Provider's payment, refund, and auto-renewable-subscription rules, in addition to Premium Membership, Trials & Auto-Renewal.

The following additional terms apply to any Gift.me application you obtain from an App Provider, and are intended to satisfy that App Provider's requirements so that no separate acceptance is required at launch:

• Scope of license. Your license to use the application is non-transferable and limited to use on any Apple-branded or Android device that you own or control, as permitted by the App Store Usage Rules or Google Play terms then in effect; the application may be accessed by other accounts associated with you via family sharing or volume purchasing only as those rules allow.
• Maintenance and support. Gift.me alone — not the App Provider — is responsible for providing any maintenance and support for the application; you may request support at [email protected]. The App Provider has no obligation to furnish any maintenance or support services.
• Warranty. To the maximum extent permitted by applicable law, the App Provider has no warranty obligation with respect to the application. If the application fails to conform to any applicable warranty, you may notify the App Provider, and (for Apple) Apple may refund the application purchase price to you, if any; as between the App Provider and Gift.me, any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Gift.me's responsibility, subject to these Terms (including No Warranties and Limitation of Liability).
• Data and privacy. Your use of the application is also subject to our Privacy Policy and to the App Provider's applicable terms.

For clarity, the acknowledgments in this section (including the App Provider's third-party-beneficiary rights) apply automatically when you download a Gift.me application from an App Provider, so that you are not required to accept a separate set of terms at that time. If a specific App Provider later mandates additional or different consumer-facing language, we will incorporate it by the means that App Provider requires.

15. Intellectual Property & License to Use the Site

We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service for your personal, non-commercial use in accordance with these Terms. This license may be withdrawn at any time, including if these Terms are violated. All design, logos, software, text, graphics, and other materials on or provided through the Service (other than User Submissions) are owned by Gift.me or its licensors (including RealGifts) and are protected by copyright, trademark, patent, trade-secret, and other laws. Except as expressly authorized in writing, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, frame, or create derivative works from such materials, and you may not engage in any data mining, scraping, or similar data gathering. We reserve all rights not expressly granted.

16. Feedback

If you send us feedback, ideas, or suggestions about the Service ("Feedback"), you grant Gift.me a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use and exploit the Feedback for any purpose without restriction or compensation to you. Feedback is not confidential, and we may use it freely to operate and improve the Service.

17. Termination

Gift.me may terminate, suspend, restrict, or limit your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, including to protect the platform, the community, other Users, or third parties. When possible and appropriate, we try to provide notice and an opportunity to address issues, but we are not required to. If you wish to terminate your account, you may discontinue using the Service or contact us as described in Contact.

Investigation suspension. We may suspend access to your account without prior notice while we investigate any suspected violation of these Terms, suspected fraud or abuse, suspected unsafe conduct, account compromise, or any threat to the Service, our Users, or third parties. During any such suspension we may freeze any associated in-account value and withhold any payments or refunds pending the outcome.

Effect of termination. On termination, your right to use the Service ends immediately. All provisions that by their nature should survive will survive, including ownership and intellectual-property provisions, the Privacy and Limitation of Liability disclaimers, Indemnification, the No Bots / Scraping enforcement rights, the Disputes and governing-law provisions, and any payment obligations. The effect of account deletion on any RealGifts Store Credit or membership is governed by the RealGifts Terms and the Privacy Policy.

Subpoenas and other legal process. If we receive a subpoena, warrant, court order, or other valid legal process seeking records or information about you (other than from a government acting in its enforcement capacity, or where prohibited by law), we may charge you our reasonable costs of responding (including search, retrieval, copying, and attorneys' fees), to the maximum extent permitted by applicable law.

18. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GIFT.ME AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) ANY USER IS WHO THEY CLAIM TO BE OR WILL ACT LAWFULLY OR SAFELY. YOUR USE OF THE SERVICE, AND YOUR INTERACTIONS WITH OTHER USERS, ARE SOLELY AT YOUR OWN RISK.

Other Users and offline conduct. Gift.me is not responsible for the conduct of any User, online or offline, and does not guarantee the identity, age, intentions, or safety of any User. You are solely responsible for your interactions with others.

Third-party brands and fulfillment. Gifting, products, gift cards, experiences, and merchandise made available through the RealGifts widget are supplied or fulfilled by RealGifts and/or third parties. Gift.me makes no representations or warranties about any such third-party item; any warranties are provided solely by the applicable third party. Gift.me is not the issuer of any gift card or closed-loop product.

Beta features. We may offer beta, preview, or experimental features "AS IS," with no warranty or service-level commitment, and may modify, suspend, or discontinue them at any time without notice or liability.

No reliance; no binding support statements. You have not relied on any representation not expressly set forth in these Terms or the Privacy Policy. Statements on marketing pages, blogs, social media, or by customer-support personnel do not modify these Terms; only a written amendment posted here, or signed by an authorized officer of Gift.me, modifies these Terms.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFT.ME, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY:

• (i) FOR ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR SUBSTITUTE GOODS OR SERVICES;
• (ii) FOR ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT, OR ANY HARM ARISING FROM YOUR INTERACTIONS OR MEETINGS WITH OTHER USERS;
• (iii) FOR ANY BUGS, VIRUSES, OR MALICIOUS CODE (REGARDLESS OF SOURCE), OR FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION ARISING OUT OF THE EVENTS DESCRIBED IN THE PRIVACY SECTION ABOVE; OR
• (iv) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (A) US$100 OR (B) THE AMOUNT YOU ACTUALLY PAID TO GIFT.ME FOR THE SPECIFIC TRANSACTION OR SERVICE GIVING RISE TO THE CLAIM, PROVIDED THAT SUCH PAYMENT WAS MADE TO GIFT.ME WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (AND, IF IT WAS NOT, OR IF NO SUCH AMOUNT WAS PAID TO GIFT.ME, THE CAP UNDER THIS SUBSECTION (iv) IS US$100). FOR CLARITY, PURCHASES, GIFTS, MEMBERSHIPS, AND SUBSCRIPTION PRODUCTS THAT ARE SOLD, BILLED, OR FULFILLED THROUGH THE REALGIFTS WIDGET OR PLATFORM WITH REALGIFTS, LLC AS MERCHANT OF RECORD ARE GOVERNED BY THE REALGIFTS TERMS OF USE (INCLUDING REALGIFTS'S OWN LIMITATION OF LIABILITY), AND AMOUNTS YOU PAY TO REALGIFTS ARE NOT AMOUNTS PAID TO GIFT.ME FOR PURPOSES OF THIS CAP. IN NO EVENT WILL GIFT.ME'S TOTAL AGGREGATE LIABILITY UNDER THIS SUBSECTION (iv) EXCEED THAT AMOUNT, REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, LESS ANY AMOUNTS GIFT.ME HAS PREVIOUSLY PAID YOU IN SATISFACTION OF ANY LIABILITY UNDER THESE TERMS.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

20. Indemnification

You will defend, indemnify, and hold harmless Gift.me, its affiliates, and their respective officers, directors, employees, contractors, suppliers, and agents from and against any third-party claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of or access to the Service in violation of these Terms; (ii) your violation of any law or any right of a third party (including intellectual-property and privacy rights); (iii) any Content or information you submit through the Service; (iv) your interactions or disputes with any other User; or (v) your willful misconduct or fraud. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will reasonably cooperate. Nothing in this section requires you to indemnify Gift.me for losses caused by Gift.me's own gross negligence, willful misconduct, or fraud, or for any liability that cannot be limited under applicable law.

21. Force Majeure

Neither Gift.me nor any of its affiliates, agents, partners, suppliers, or service providers will be liable for any failure or delay in performance, or for any unavailability, interruption, or change in the Service, caused by events beyond its reasonable control, including acts of God; natural disasters; pandemics or epidemics; acts of war, terrorism, or civil unrest; governmental actions, sanctions, or trade restrictions; labor disputes; fires, floods, or earthquakes; internet, hosting, telecommunications, or utility outages; denial-of-service or other cyber attacks; supply-chain failures; courier or delivery-service failures; and failures of third-party service providers. The affected party will use reasonable efforts to resume performance. This section does not relieve you of any payment obligations.

22. No Fiduciary; No Third-Party Beneficiaries; Mitigation; Frivolous-Claim Fees

No fiduciary or other relationship. Nothing in these Terms creates any fiduciary, trust, agency, joint venture, employment, or partnership relationship between you and Gift.me. Gift.me is an independent contractor acting solely on its own behalf.

No third-party beneficiaries. These Terms are for the sole benefit of you and Gift.me. No other person or entity (including any other User, recipient, sender, partner, or affiliate) has any right to enforce these Terms, except that (i) RealGifts, LLC and our affiliates are intended beneficiaries of the disclaimers, releases, and limitations of liability that reference them, and (ii) where you obtain a Gift.me mobile application from an App Provider, that App Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to that application, as described in Third-Party Sites, Logins & Integrations.

Mitigation. You agree to take commercially reasonable steps to mitigate any damages or losses arising out of or related to the Service or these Terms. To the maximum extent permitted by law, your failure to mitigate may reduce what you may recover.

Attorneys' fees for frivolous claims. If a court or arbitrator determines that any claim, defense, motion, or filing you bring against Gift.me is frivolous, brought in bad faith, or asserted for an improper purpose, Gift.me will be entitled to recover its reasonable attorneys' fees and costs, to the maximum extent permitted by applicable law.

23. Changes to the Service

Gift.me may modify, suspend, or discontinue any part of the Service — including any feature, content, location feature, matching algorithm, Paid Feature, promotion, partner integration, API, or other element — at any time, with or without notice. Gift.me will not be liable to you or any third party for any modification, suspension, or discontinuance, except for any refund obligations expressly provided under the RealGifts Terms for RealGifts-powered transactions.

24. Automated Processing and AI Notice

Gift.me uses automated systems — including machine-learning models, artificial-intelligence systems, and rule-based classifiers — to operate the Service. Categories of automated processing include: profile verification and authenticity checks; matching, discovery, ranking, and recommendations (generally low individual significance); automated fraud and abuse screening of accounts, transactions, and behavior (which may decline transactions, limit features, or trigger additional verification — may significantly affect you); automated suspension or freezing of accounts for suspected fraud, abuse, account compromise, unsafe conduct, or violation of these Terms (significant effect); and automated content moderation that detects, hides, or removes Content that may violate these Terms, our Community Guidelines, or law (significant effect on the affected content's visibility).

These systems generally combine observed signals (such as profile, content, device, network, behavioral, and location signals, and partner-supplied data) with statistical or machine-learning models that score the likelihood of fraud, abuse, or policy violation. Some decisions are made entirely automatically; others involve human review. Automated outputs may contain errors, and nothing here is a representation about the accuracy of any automated decision.

Right to request human review. Where applicable law gives you the right (for example, under EU/UK GDPR Article 22), or where we determine human review is appropriate, you may request human review of an automated decision that significantly affects you by emailing [email protected] with: (i) your account email; (ii) the decision you are contesting (with date and reference, if any); (iii) any information you would like us to consider; and (iv) the outcome you seek. We will acknowledge your request within 14 business days and respond within a reasonable time.

25. No Bots, Scraping, or Unauthorized Access

You will not (and will not authorize or assist any third party to) use any bot, spider, scraper, crawler, or other automated means to access, scrape, harvest, copy, index, monitor, or interact with the Service or any data on the Service (including other Users' profiles, images, or location data), except for general-purpose search-engine crawlers operating in compliance with our robots.txt. Any unauthorized access to or interference with the Service, its underlying systems, or any data on the Service may violate the U.S. Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the California Comprehensive Computer Data Access and Fraud Act (Cal. Penal Code § 502), the Nevada Unlawful Acts Regarding Computers statute (Nev. Rev. Stat. § 205.4765 et seq.), and analogous state, federal, and foreign laws, which can carry civil and criminal penalties. Gift.me reserves all rights and remedies.

26. Taxes

Prices displayed on the Service may or may not include applicable taxes, duties, levies, or governmental fees. You are responsible for any sales, use, value-added, customs, import, excise, or similar tax, duty, or fee imposed in connection with your use of the Service or the products you purchase, except for taxes based solely on Gift.me's net income. Where Gift.me (or RealGifts as the commerce provider) is required by law to collect such taxes, those amounts will be added to your charges and reflected in your receipt where reasonably practicable.

27. Export Controls and Sanctions

The Service is provided from the United States and is subject to U.S. and other applicable export-control and sanctions laws and regulations, including the U.S. Export Administration Regulations (15 C.F.R. parts 730–774), the International Traffic in Arms Regulations (22 C.F.R. parts 120–130), and regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the Donetsk and Luhansk regions of Ukraine, as such list may be updated by U.S. authorities); (ii) you are not on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department's Denied Persons List, the Entity List, the Unverified List, or any similar list maintained by the U.S. or another government with jurisdiction; and (iii) you will not use the Service in violation of any applicable export-control or sanctions law.

28. Trademark License

"Gift.me," the Gift.me logos, "Dating, Elevated," and other Gift.me trademarks, service marks, trade names, trade dress, and product names are trademarks of Gift.me, LLC. We reserve all rights in our trademarks. You may not use any Gift.me trademark in any manner likely to cause confusion about ownership or sponsorship, that disparages Gift.me, or that suggests endorsement we have not expressly granted in writing, and you may not register or use any domain name, social-media handle, or business name that incorporates any Gift.me trademark or any substantially similar mark. Other names and marks on the Service (including "RealGifts") are the property of their respective owners. Nominative-fair-use references that accurately identify Gift.me and do not imply an affiliation that does not exist do not require advance permission.

29. International Users

The Service is operated from the United States. We do not represent that the Service or any Content is appropriate or available for use in every location. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Your dispute-resolution and consumer rights depend on where you live — see Disputes — United States and Canada and Disputes — Other Countries.

30. Disputes — United States and Canada (Arbitration; Class Waiver; Small-Claims Carve-Out; 30-Day Opt-Out)

This section applies if you are a resident of the United States or Canada.

(a) Informal resolution first. Before filing arbitration, you and Gift.me agree to first try to resolve any dispute informally. You will send a written notice of dispute (a "Notice") to Gift.me using one of the methods in Contact (by postal mail to the address listed there, or by email to [email protected]), including your name, account email, a description of the dispute, and the relief you seek. We will send any Notice to you at the email on file with your account. The parties will then attempt in good faith, for 60 days, to resolve the dispute.

(b) Mutual agreement to arbitrate. If the dispute is not resolved within 60 days, you and Gift.me agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") through final and binding individual arbitration under the Federal Arbitration Act (9 U.S.C. § 1 et seq.), except that Disputes arising solely from a RealGifts-powered gifting or e-commerce transaction are governed by the RealGifts Terms as described in Gifting & E-Commerce. This includes Disputes about the formation, scope, validity, or enforceability of this arbitration agreement, except that the court (not the arbitrator) decides whether the Class Action Waiver in (e) below is enforceable.

(c) Administrator and rules. Arbitration will be administered by either the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by JAMS under its Streamlined Arbitration Rules and Procedures, as Gift.me selects in its reasonable discretion when arbitration is initiated. If Gift.me has not selected an administrator within 30 days after receiving a Notice under (a), AAA will administer the arbitration. The current rules of each administrator are available at the administrator's website. The arbitrator will be a single neutral selected under the chosen administrator's rules.

(d) Forum and applicable law. Arbitration will be conducted in Clark County, Nevada, or by videoconference if the parties agree. You may appear by phone or video. The arbitrator will apply Nevada law (excluding its choice-of-law rules) and the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

(e) Class Action Waiver. YOU AND GIFT.ME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any representative or class proceeding. If a court finds the Class Action Waiver unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in (h); all other claims will be arbitrated.

(f) Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction in the county of your billing address (or, if you do not have a billing address, in Clark County, Nevada), as long as the action is brought and remains on an individual basis.

(g) Right to opt out within 30 days. You may opt out of this arbitration agreement (including the Class Action Waiver) by sending written notice to Gift.me using one of the methods in Contact (postal mail to the address listed there, or email to [email protected]) within 30 days after you first accept these Terms (or, for an existing user as of the effective date, within 30 days after that effective date). The notice must include your name, account email, and a clear statement that you opt out. Opting out has no other effect on these Terms.

(h) Court for non-arbitrable matters. For Disputes that cannot be resolved by arbitration under (e) or applicable law, you and Gift.me agree to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, and waive any objection to that venue.

(i) Costs. Each party will pay its own attorneys' fees and costs unless awarded by the arbitrator under applicable law. Filing fees and arbitrator compensation are governed by the administrator's rules; for consumer claims, Gift.me will pay fees that exceed the consumer-side cap set by the administrator.

(j) One-year limitation period. Any Dispute must be commenced within one (1) year after the cause of action accrues, or it is permanently barred, except where applicable law prohibits a shorter limitations period than the statutory period (in which case the statutory period applies).

(k) Severability. If any portion of this Section is held invalid or unenforceable, that portion will be severed and the remainder will continue in effect. If a Dispute proceeds in court because this Section is held inapplicable, then (h) applies.

(l) Confidentiality of settlement amounts. To the maximum extent permitted by law, you and Gift.me agree to keep the amount of any arbitration settlement confidential, except as required by law or court order, as needed to confirm/vacate/enforce an award, to protect or pursue a legal right, or to disclose to professional advisors bound by confidentiality.

(m) Consumer-protection limits (including Quebec and Ontario). If you are a consumer in a jurisdiction whose law makes a pre-dispute agreement to arbitrate, or a waiver of class or representative proceedings, unenforceable against consumers (for example, Quebec and Ontario), then the agreement to arbitrate in (b) and the Class Action Waiver in (e) do not apply to you to the extent that law prohibits them, and any dispute that cannot be arbitrated or waived as a result will proceed in a court of competent jurisdiction, subject to the mandatory forum and consumer rights that apply to you. The remaining provisions of this Section continue to apply to the fullest extent permitted by law.

(n) Coordinated or mass arbitrations. If 25 or more demands for arbitration raising substantially similar claims are filed against Gift.me by or with the assistance of the same or coordinated counsel, firms, or organizations, the parties agree the demands will be administered in sequential batches of no more than 50 demands at a time (a staged "bellwether" process): each side will select an equal number of demands to proceed in the first batch; the chosen administrator's mass-arbitration or supplementary rules and fee schedule (such as the AAA Mass Arbitration Supplementary Rules) will apply; the applicable limitations period is tolled for demands awaiting a later batch; and a single arbitrator will be appointed for each batch unless the parties agree otherwise. A court of competent jurisdiction identified in (h) has authority to enforce this subsection, including by enjoining the filing or prosecution of arbitrations outside this staged process. This subsection does not create, and may not be construed to permit, any class, collective, or representative proceeding, and does not limit the Class Action Waiver in (e).

(o) Equitable relief in court. Notwithstanding the agreement to arbitrate, either party may bring an action in the courts identified in (h) solely to seek temporary, preliminary, or permanent injunctive or other equitable relief — and any related expedited or provisional remedy — to prevent or stop: (i) actual or threatened infringement, misappropriation, or violation of intellectual-property or proprietary rights; (ii) unauthorized access to, scraping of, or interference with the Service or its underlying systems or data; or (iii) a breach of confidentiality obligations. Seeking such relief in court does not waive either party's right to arbitrate the remaining aspects of the Dispute, including any claim for monetary damages.

31. Disputes — Other Countries (Outside the United States and Canada)

This section applies if you are NOT a resident of the United States or Canada. The arbitration / class-waiver section above does NOT apply to you.

(a) Governing law (default). To the extent permitted by applicable law, these Terms are governed by Nevada law (excluding its conflict-of-laws rules), and the courts located in Clark County, Nevada have non-exclusive jurisdiction over any Dispute.

(b) EEA, UK, and Switzerland. If you are a consumer with habitual residence in the EEA, the UK, or Switzerland: the choice of Nevada law does not deprive you of the protection of mandatory provisions of the law of your country of residence; you may bring proceedings against Gift.me in the courts of your country of residence in addition to Clark County, Nevada; and Gift.me will bring proceedings against you only in the courts of your country of residence. (The EU Online Dispute Resolution platform was discontinued on 20 July 2025; you may still use a national alternative-dispute-resolution body or your local European Consumer Centre. We do not commit to using any particular ADR body.)

(c) Australia. If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded.

(d) New Zealand. If you are a consumer in New Zealand, nothing in these Terms excludes, restricts, or modifies any right or remedy under the Consumer Guarantees Act 1993 or other applicable New Zealand consumer law that cannot be excluded.

(e) Other countries. Applicable mandatory consumer protections of your country of residence may apply notwithstanding (a). To the extent permitted by law, the courts of Clark County, Nevada have non-exclusive jurisdiction.

(f) United Nations Convention. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.

32. Integration, Severability & Miscellaneous

Integration. These Terms (together with the Privacy Policy, the Community Guidelines, and any agreements expressly incorporated by reference, including the RealGifts Terms of Use for RealGifts-powered features) constitute the entire agreement between you and Gift.me with respect to the Service and supersede all prior or contemporaneous communications and proposals on that subject matter.

Severability and Reformation. If any provision is held invalid, illegal, or unenforceable, it will be reformed and enforced to the maximum extent permitted by law to give effect to the parties' intent, and the remaining provisions will continue in full force. Courts and arbitrators should reform — not strike — such a provision whenever reformation is permitted.

Survival. The following survive termination: Privacy, Location & Content Visibility; Online Dating Safety; Accounts (ownership and post-termination provisions); Usernames and Profiles; Premium Membership; User Submissions and Content License; Feedback; Intellectual Property & License to Use the Site; Gifting & E-Commerce; No Warranties; Limitation of Liability; Indemnification; Force Majeure; No Fiduciary / No Third-Party Beneficiaries / Mitigation / Frivolous-Claim Fees; Changes to the Service; Automated Processing and AI Notice; No Bots, Scraping, or Unauthorized Access; Taxes; Export Controls and Sanctions; Trademark License; International Users; Disputes; this Integration, Severability & Miscellaneous section; and DMCA / Copyright.

No Waiver. No failure or delay by Gift.me to exercise any right operates as a waiver. Any waiver must be in writing and signed by an authorized officer of Gift.me.

Reservation of Rights. All rights not expressly granted are reserved by Gift.me and its licensors.

Records. Gift.me's records (including transaction logs, account records, and communications) are the authoritative records of the parties' dealings, absent manifest error. To the maximum extent permitted by law, you waive any objection to the admissibility of Gift.me's records on the grounds that they are electronic.

Currency. Unless stated otherwise, all amounts are in U.S. dollars (USD), all charges are processed in USD, and Gift.me is not responsible for any exchange-rate variation, foreign-transaction fee, or currency-conversion charge applied by your payment method.

Recording and Monitoring of Communications. You acknowledge that Gift.me may monitor and record communications between you and Gift.me support, trust-and-safety, fraud-prevention, or other operational personnel — including chat, email, voice, and video — for training, quality assurance, fraud and abuse prevention, security, dispute resolution, and legal compliance. By contacting Gift.me you consent to such monitoring and recording where permitted by law. (This does not refer to private messages between Users, which are addressed in the Privacy Policy and Community Guidelines.)

Electronic Communications and Signatures (E-SIGN / UETA). You consent to receive communications from Gift.me in electronic form and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. Any acceptance of these Terms — including by clicking "I Agree," "Sign Up," "Continue," or a similar button, or by continued use — constitutes your electronic signature under the U.S. E-SIGN Act, UETA, and analogous laws.

Waiver of Jury Trial (court-eligible claims only). For any Dispute that proceeds in court (rather than arbitration), YOU AND GIFT.ME EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, except where applicable law prohibits a pre-dispute waiver of jury trial.

Assignment. These Terms are personal to you and are not assignable by you except with our prior written consent. Gift.me may assign, transfer, or delegate its rights and obligations without consent, including in connection with any merger, acquisition, financing, or sale of assets.

Headings; Counterparts; Notices. Headings are for convenience only. These Terms may be accepted in counterparts. Notices we are required to give you may be delivered electronically (email on file, in-app notice, or notice posted on the Service) and are deemed received when sent. Notices to Gift.me must be in writing and sent to the address in Contact.

Prevailing-Party Costs. In any action or proceeding to enforce these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees, except as otherwise provided in the frivolous-claim and Disputes sections.

33. Community Guidelines

Our Community Guidelines are part of these Terms and are incorporated by reference. They describe expected behavior and prohibited conduct on the Service in more detail and help keep Gift.me a welcoming, safe place. The current Community Guidelines are available in our Help Center, are linked from these Terms, and are presented to you during sign-up. The current Community Guidelines are published at https://gift.me/site/kb/community-guidelines.

34. DMCA / Notice of Copyright Infringement

Gift.me respects the intellectual-property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Gift.me has registered a designated agent to receive notifications of claimed infringement with the U.S. Copyright Office, as identified below.

Notice of claimed infringement. If you believe Content on the Service infringes your copyright, send a written notice complying with 17 U.S.C. § 512(c)(3) to our designated agent, including: (i) a physical or electronic signature of a person authorized to act for the owner; (ii) identification of the copyrighted work(s); (iii) identification of the allegedly infringing material and information sufficient to locate it; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

Designated Copyright Agent: Gift.me, LLC Attn: Copyright Agent, Legal Department 732 S 6th Street, Ste R Las Vegas, NV 89101 Email: [email protected] Phone: 888-558-4438

Upon receipt of a substantially compliant notice, we will expeditiously remove or disable access to the material and take reasonable steps to notify the User who posted it. Counter-notification: if you believe material was removed by mistake or misidentification, you may send a counter-notification under 17 U.S.C. § 512(g)(3) to the agent above. Repeat infringers: in appropriate circumstances we will disable or terminate the accounts of repeat infringers. Misrepresentations: under 17 U.S.C. § 512(f), knowingly materially misrepresenting infringement (or wrongful removal) may result in liability for damages, costs, and attorneys' fees.

35. Patent, Copyright, and Trademark Notices

Unless otherwise indicated, these Terms of Use and all Content provided by Gift.me are copyright © 2026 Gift.me, LLC. All rights reserved. "Gift.me," the Gift.me logos, "Fortune Favors the Bold", "Make Your Move", and "Dating, Elevated" are trademarks or registered trademarks of Gift.me, LLC. Other company and product names mentioned may be trademarks of their respective owners.

36. Contact

You may contact Gift.me at:

Gift.me, LLC 732 S 6th Street, Ste R Las Vegas, NV 89101 Phone: 888-558-4438

• General inquiries / support: [email protected]
• Privacy inquiries: [email protected]
• Legal notices, Notice of Dispute, and arbitration opt-out: [email protected]
• Copyright / DMCA notices: [email protected]

For arbitration opt-out and Notice of Dispute under Disputes — United States and Canada, you must use either the postal address above or [email protected].

California residents — complaint assistance (Cal. Civ. Code § 1789.3). The provider of this service is Gift.me, LLC, 732 S 6th Street, Ste R, Las Vegas, NV 89101. Charges for paid products or services are described at the point of sale before you complete a transaction. To resolve a complaint or receive further information, contact us using the methods above. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.