Gift

Terms of Service

Terms of Service

Last Updated: March 23, 2026

         1. Your Relationship With Us

Welcome to Gift (the “Platform”), which is provided by GIFFFT Inc. in the United States (collectively such entity will be referred to as “GIFFFT”, “we” or “us”).

You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products, and content (collectively, the “Services”). Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. Our Services are provided for personal use and, where expressly authorized by GIFFFT, for commercial use by brand partners and businesses operating on the Platform. For purposes of these Terms, “you” and “your” means you as the user of the Services.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

         2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with GIFFFT, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” include you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print off or save a local copy of the Terms for your records.

         3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. We will also update the “Last Updated” date at the top of these Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

         4. Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: team@shine.gift.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, contact us at: team@shine.gift. We will provide you with further assistance and guide you through the process within a reasonable timeframe. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

         5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

  • access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
  • make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
  • distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  • use the Services for any unauthorized commercial purpose, including unsolicited advertising, solicitation, or spamming, without our express written consent. This includes, but is not limited to, sending unsolicited promotional messages to other users, scraping user data for commercial purposes, or using the Platform to promote products or services outside of an authorized brand community. Brands and businesses operating communities on the Platform pursuant to a written agreement with GIFFFT are expressly authorized to conduct commercial activities within the scope of that agreement, including communicating with community members, posting branded content, and promoting their products and services within their designated community space;
  • interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
  • incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
  • use automated scripts to collect information from or otherwise interact with the Services;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use or attempt to use another’s account, service or system without authorization from GIFFFT, or create a false identity on the Services;
  • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
  • use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
  • any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
  • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
  • any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
  • any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
  • any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
  • any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
  • any material that contains a threat of any kind, including threats of physical violence;
  • any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
  • any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  • material that, in the sole judgment of GIFFFT, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose GIFFFT, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, and spam and malware detection.

         6. Intellectual Property Rights

The “Gift” and “GIFFFT” trademarks are exclusively owned by GIFFFT Inc.; they have been registered with the United States Patent and Trademark Office. Any reproduction, exploitation, use, modification and/or alteration, through any method, in any form and for any purpose whatsoever, is strictly prohibited without GIFFFT’s prior and written authorization.

GIFFFT is the exclusive owner of, or is exclusively licensed to use, all intellectual property rights relating to the Services and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the Services. GIFFFT retains the right to enforce these rights against unauthorized use regardless of whether such rights are owned by or licensed to GIFFFT.

GIFFFT grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive authorization to access and use the Services for private use. Any other copy, reproduction, representation, use, distribution, or reutilization of these or other elements of the Services without the authorization of GIFFFT is liable to legal proceedings, in particular for trademark infringement.

         7. Proprietary Content

As between you and GIFFFT, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Proprietary Content”), are either owned or licensed by GIFFFT. Use of the Proprietary Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. GIFFFT owns all data, analytics, metrics, and insights generated by or derived from user activity on the Platform, including but not limited to aggregated and anonymized community data, engagement data, and behavioral data. No individual user has any ownership interest in such data, and your use of the Services constitutes your acknowledgment of GIFFFT’s exclusive ownership thereof.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

We make no representations, warranties or guarantees, whether express or implied, that any Proprietary Content (including User Content) is accurate, complete or up to date. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services.

         8. User-Generated Content

You shall retain ownership of intellectual property rights in the content you create or share on Gift. However, we need your authorization to process your content to let you enjoy our Services. “User Content” means user-generated content, including comments, photographs, livestreams, audio recordings, videos, text, hashtags, and virtual item videos that you choose to create with or upload to the Platform.

Therefore, you grant us a worldwide, royalty-free and non-exclusive license to host, store, reproduce, display, publish, translate, adapt, sublicense, and/or use, for the purposes of providing the Services (i) any information, photos, videos, or other content including user-generated content exchanged within the scope of the use of the Services, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content. This license shall remain valid throughout the performance of these Terms.

If you believe that any content posted on the Services infringes your copyright or image rights, please notify us by sending an email to team@shine.gift with the subject line “Infringement of my copyright.”

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis.

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a Performing Rights Organization (or “PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations.

Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.

Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

If you wish to file a complaint about information or materials uploaded by other users, contact us at: team@shine.gift.

         9. Gifted Content

A “gift” on the Platform is a photo, video, or other piece of content sent by one user directly to another user or brand. When you send or receive a gift through the Platform, we collect information related to that gifting activity, including the identity of the sender and recipient, the content of the gift, the time and date of transmission, and any associated metadata.

When a user sends a gift to another user or brand (“recipient”), the recipient is granted a non-exclusive, royalty-free license to display and share that gifted content on their social media profiles and accounts, including reposting, resharing, or boosting on platforms such as Instagram, TikTok, X, YouTube, and similar social media channels, whether personal or commercial in nature.

Any use of gifted content outside of social media channels — including but not limited to television, film, out-of-home advertising (including billboards and digital displays), print, or any other commercial exploitation — requires a separate rights agreement negotiated directly between the recipient and the original content creator. GIFFFT is not a party to any such agreement and bears no liability arising from such commercial use.

         10. Notice of Financial Incentive

We may offer financial incentives to promote our products and services. These may include discounts, coupons, and special offers when you sign up for our email list, participate in a Gift-related promotion, or create an account.

We may ask you to provide Personal Information in connection with these promotions, including name and email address. Because these promotions involve the collection of Personal Information, they may be interpreted as “financial incentive” programs under California law or “bona fide loyalty programs” under Colorado law.

The value of any financial incentive we offer is reasonably related to the value of any Personal Information you provide to us. We will provide you with sign-up information once we commence any financial incentive programs.

         11. Indemnity

You agree to defend, indemnify, and hold harmless GIFFFT, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

         12. EXCLUSION OF WARRANTIES

You use the Services at your own risk. You understand and agree that GIFFFT provides the Services to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GIFFFT DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Furthermore, we make no warranty or representation and disclaim all responsibility and liability for: (a) errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services; (b) disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services.

GIFFFT shall in no case be held responsible, in any capacity whatsoever, for illegal actions liable to civil or criminal penalties, committed by its users, including but not limited to (a) all types of fraud, (b) all commercial or professional activities, (c) the usurpation of identity, (d) infringement of any intellectual property rights of a third party, (e) infringement of personality rights, such as image rights and the right to privacy. Moreover, the user is solely responsible for verifying the age and identity of the persons with whom they could organize a meeting in real life.

         13. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) ANY LOSS OF DATA SUFFERED BY YOU; OR (VI) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO GIFFFT WITHIN THE LAST 12 MONTHS.

FOR USERS ACCESSING THE PLATFORM FOR PERSONAL USE, WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

         14. Other Terms

Open Source. The Platform contains certain open-source software. Each item of open-source software is subject to its own applicable license terms, which can be found in the Open Source Policy.

Entire Agreement. These Terms constitute the whole legal agreement between you and GIFFFT and govern your use of the Services and completely replace any prior agreements between you and GIFFFT in relation to the Services.

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at https://www.dca.ca.gov/about_us/contactus.shtml.

Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: team@shine.gift. All requests must be labeled “California Removal Request” on the email subject line.

Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by GIFFFT hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.

Dispute Resolution. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). You understand that by this agreement, you are waiving your right to bring a claim in court or in front of a jury.

The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator shall apply the law of the jurisdiction in which you reside.

Arbitration Agreement. Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration, except that you or GIFFFT may assert a claim in small claims court if such claim qualifies.

The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.

Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND GIFFFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Exclusive Venue. For any claim that is not arbitrated or resolved in small claims court, you agree that it will be governed by the laws of the State of California. Any claim, cause of action or dispute, arising out of or relating to these Terms shall also be resolved exclusively in the U.S. District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles.

One-year limitation period. YOU AND GIFFFT AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.

App Stores. To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices.

Notice regarding Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that: these Terms are between GIFFFT and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use. Apple is not responsible for the Platform or the content thereof and has no obligation to furnish any maintenance or support services with respect to the Platform. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary hereof. GIFFFT expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.

Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between the Google Play Terms of Services and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and Google does not have any responsibility or liability related to compliance or non-compliance by GIFFFT or you under these Terms or the Google Play Terms.

         15. Contact Us

Questions, comments and requests regarding these Terms should be addressed to:

Email: team@shine.gift

Mailing Address: GIFFFT Inc., Attn: Privacy Policy Inquiry, 752 S MARIPOSA AVE #405, LOS ANGELES, CA 90005, USA