GiftStar Terms of Service

GiftStar AI Terms of Service - Last Updated: March 2024

These Terms of Service (“Terms”) govern your access to and use of the GiftStar AI products, services and associated software offerings (the “Services”) made available or operated by GiftStar AI (“GiftStar AI,” “us,” or “we”). These Terms apply to all individuals who access or use the Services.

It is important that you read these Terms carefully because they create a legally binding contract between you and GiftStar AI. If you do not agree to these Terms, please do not use the Services.

1. Using the Services

1.1. Right to Use Services

We will provide the Services, and you may access and use the Services, in accordance with these Terms for your own personal and individual use. Individual user accounts may not be shared amongst multiple individuals. By accessing or using the Services, you represent that you are of legal age and agree to these Terms.

1.2. Limitations on Use

By using the Services, you agree not to: (i) modify, prepare derivative works of, or reverse engineer, decompile, or otherwise attempt to gain access to the source code of the Services; (ii) use the Services in a way that abuses or disrupts our networks, user accounts, or the Services; (iii) store within, upload, or transmit through the Services any harassing, indecent, obscene, or unlawful material, or any type of virus, malware, or malicious code; (iv) market or resell the Services to any third party; (v) transmit any material that may infringe the intellectual property, privacy, or other rights of third parties; or (vi) use the Services to commit fraud or impersonate any person or entity.

2. Changes

We may modify or discontinue the Services at our discretion. We may make features or functionalities available for an additional subscription cost.

3. Termination

You may cease using the Services at any time. We may suspend or terminate your account if we have reason to believe you have violated these Terms. We may reinstate your access to the Services if you remedy the violation to our satisfaction. We will provide notice of such suspension or termination where required by applicable law.

4. Your Content and Accounts

4.1. Content

As used in these Terms, your “Content” includes any usernames, passwords, secure notes, files, documents, or similar data that you upload or input (e.g., manually or via optional functionality such as password save and fill) to your GiftStar AI account in connection with your use of the Services. You retain all rights to your Content. We may use Content to provide Services to you and improve Services. 

4.2. Data

You understand that when using the Services or interacting with our websites your personal data may be processed via equipment and resources located in the United States and other locations throughout the world.  Anonymized data may be used internally to improve SERVICES and may be shared with GiftStar AI partners.

4.3. Accounts

We may suspend your access to the Services if you or your users are using the Services in a manner that is likely to cause harm to us or if we have reasonable grounds for suspecting any illegal, fraudulent, or abusive activity. We are not liable for any losses that you may incur if you fail to properly secure your password or account.

5. Compliance with Laws

You agree to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. You acknowledge that the Services are subject to export control and trade sanctions laws in the United States and other countries. You may not access, use, export, or disclose any portion of the Services in violation of applicable export control and sanctions laws. Specifically, you represent and warrant that you: (a) are not located within a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that you will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such restricted countries or territories; and (b) are not identified on any U.S. government lists which would prohibit you from receiving the Services. Where required by law, we will cooperate with reasonable requests from government authorities with respect to the Services. We may immediately terminate your subscription if we have reason to believe that you have failed to comply with applicable law.

6. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT: (i) THE USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE; (ii) THE SERVICES WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iv) ALL ERRORS OR DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GiftStar AI WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OR CORRUPTION OF ANY FILES OR DATA; (ii) LOSS OF INCOME; (iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF GiftStar AI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES FOR DAMAGES DIRECTLY ARISING OUT OF YOUR USE OF THE SERVICES AND THESE TERMS IS LIMITED TO THE SUM OF THE AMOUNTS YOU PAID FOR ACCESS TO THE APPLICABLE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

8. Additional Terms

8.1. Sales, Promotional Offers, Coupons and Pricing

Sales, promotions, free access trials, and other special discounted pricing offers are temporary and provided at our sole discretion. Upon the renewal of your subscription, any such discounted pricing or promotional offers may expire.

8.2. Free Services and Trials

Your right to access and use any free Services is not guaranteed for any period of time, and we reserve the right to modify or terminate your access to free Services at our discretion. 

8.3. Third Party Services

We are not responsible for, do not endorse, and have no control over any third-party sites or services that you link to or integrate with the Services. You have sole discretion whether to purchase or connect to any third-party services and your use is governed solely by the separate terms and privacy policies for those services. We strongly advise that you read the terms and conditions and privacy policies of any such third-party sites or applications.

8.4. Beta Services

We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available. Use of beta Services is voluntary and optional, and at your sole risk. We have no obligation to provide technical support for beta Services and may discontinue them at any time without prior notice to you. Beta Services are offered “AS-IS,” and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you are using beta Services, you may receive related correspondence and updates from us.

8.5. Proprietary Rights and GiftStar AI Marks

GiftStar AI retains all proprietary rights, titles and interests in the Services, including our name, logo and other marks, and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades. You may not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates or is similar to part or all of any of the above.

8.6. No Class Actions

You agree not to bring or participate in any class, consolidated, or representative action against GiftStar AI or any of our employees or affiliates. You agree that any claim you may have against GiftStar AI arising out of this Agreement or use of the Services may only be brought on an individual basis.

8.7. Security Emergencies

If we have reason to believe that the security of the Services or our infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services. If we do so, we will, to the extent practicable, provide you notice, and take actions designed to resolve any security issues and promptly restore the Services.

8.8. High-Risk Use

You understand that the Services are not designed or intended for use during high-risk, dangerous, or illegal activities, which include but are not limited to use in hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control, or communications systems, life support systems, weapons, drugs, alcohol, or risky physical activity.

8.9. Assignment

You may not assign or sublicense your rights or delegate your duties under these Terms, either in whole or in part, without our prior written consent. GiftStar AI may assign these Terms, in whole or in part, to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, acquisition, divestiture or sale of all or substantially all of its business or assets to which these Terms relate.

8.10. Emails and Communications

We may provide operational notifications regarding account activity, and service updates to the primary email designated on your account, electronically via postings on our website, and in-product notices.

8.11. Survival

The following sections of these Terms will survive termination: Sections 2 (Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Limitation of Liability), 8.6 (No Class Actions), 8.10 (Emails and Communications), and 8.15 (Contracting Party, Choice of Law, and Location for Resolving Disputes).

8.12. Entire Agreement; Changes

These Terms are the entire agreement between the parties relating to the Services and they supersede all prior or simultaneous oral and written agreements between the parties. We may update these Terms over time and will include the most recently updated date on it. Your continued access to and use of the Services constitutes your acceptance of the then-current Terms. If you do not agree to the new terms, or any portion of the new terms, please stop using the Service.

8.13. General Terms

If any provision of these Terms is found not to be enforceable, it will not affect any other provisions. No person or entity not a party to these Terms will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms or to make commitments binding upon GiftStar AI. Failure to enforce any right under these Terms will not waive that right. Unless otherwise specified, remedies are cumulative. These Terms may be agreed to online or executed by electronic signature and in one or more counterparts. We will not be responsible for any delay or failure to perform under these Terms due to any events or circumstances that are outside of our control or that we could not have reasonably anticipated (e.g., natural disasters; terrorist activities, activities of third-party service providers, labor disputes; acts of government, etc.).

8.14. Consumer Complaints

GiftStar AI makes every effort to ensure that its customers remain satisfied with its Services. GiftStar AI users can also work directly with our support team in order to ensure an expedient and efficient resolution. Additionally, where GiftStar AI is unable to resolve a complaint to your reasonable satisfaction: (i) California residents may, in accordance with California Civil Code S1789.3, report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by calling (800) 952-5210; and (ii) residents of the European Union may utilize the platform for Online Dispute Resolution (“ODR”) provided by the European Commission, which can be accessed at http://ec.europa.eu/consumers/odr.

8.15. Contracting Party, Choice of Law and Location for Resolving Disputes

GiftStar AI’s Pittsburgh, PA USA-based business is to be used for their contracting entity and governing law location.