Terms of Service
Last Updated: January 2025
Welcome to Gively. By accessing or using our mobile application and services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
1. Acceptance of Terms
By creating an account or using Gively, you agree to:
- These Terms of Service
- Our Privacy Policy
- All applicable laws and regulations
If you do not agree, you may not use our services.
2. Eligibility
You must be at least 16 years old to use Gively. By using our services, you represent that:
- You are at least 16 years of age
- You have the legal capacity to enter into these Terms
- You will provide accurate and complete information
3. Account Registration
To use Gively, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
4. Services Provided
Gively provides the following services:
- Birthday Tracking: Store and manage important dates
- Reminders: Local push notifications for upcoming birthdays
- AI Gift Recommendations: Personalized gift suggestions using AI
- Budget Management: Track gift budgets and spending
- Purchase History: Record of your gift-giving activities
5. User Responsibilities
You agree NOT to:
- Use the service for any illegal purpose
- Violate any laws or regulations
- Infringe on intellectual property rights
- Upload malicious code or viruses
- Attempt to gain unauthorized access to our systems
- Harass, abuse, or harm others
- Impersonate any person or entity
- Collect or store personal data of other users
- Use automated systems to access the service
6. AI-Powered Features
Our AI gift recommendation feature:
- Uses OpenAI and Google Gemini APIs to generate suggestions
- Processes recipient information you provide
- Provides recommendations for informational purposes only
- Does not guarantee accuracy or suitability of suggestions
- Should not be solely relied upon for purchasing decisions
You acknowledge that AI-generated content may contain errors or inaccuracies.
7. Third-Party Services
Gively integrates with third-party services including:
- OpenAI for gift recommendations
- Google Gemini for alternative AI suggestions
- Firebase for backend services
- Partner retailers (if you enable data sharing)
Your use of these services is subject to their respective terms and policies. We are not responsible for third-party services.
8. Intellectual Property
All content, features, and functionality of Gively are owned by us and protected by copyright, trademark, and other laws.
You retain ownership of the data you input (recipient information, preferences, etc.).
We retain ownership of the app, design, code, and original content.
9. Data and Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.
By using Gively, you consent to data processing as described in our Privacy Policy.
10. Disclaimers
Gively is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or reliability of content
- Uninterrupted or error-free service
11. Limitation of Liability
To the maximum extent permitted by law, Gively shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or goodwill
- Service interruptions or errors
- Third-party actions or content
- Unauthorized access to your data
Our total liability shall not exceed the amount you paid us in the past 12 months, or €100, whichever is greater.
12. Indemnification
You agree to indemnify and hold harmless Gively from any claims, damages, losses, or expenses arising from:
- Your use of the service
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or data
13. Termination
By You: You may delete your account at any time through the app settings.
By Us: We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Pose a security risk
- Have not used the service for an extended period
Upon termination, your data will be deleted in accordance with our Privacy Policy.
14. Changes to Terms
We may modify these Terms at any time. We will notify you of significant changes via:
- Email notification
- In-app notification
- Updated "Last Updated" date
Continued use after changes constitutes acceptance of the new Terms.
15. Governing Law
These Terms are governed by the laws of England and Wales, United Kingdom, without regard to conflict of law provisions.
Any disputes shall be resolved in the courts of England and Wales.
16. Dispute Resolution
For EU users, you have the right to:
- File a complaint with your local consumer protection authority
- Use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
- Seek resolution through mediation before litigation
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
18. Contact Information