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Terms of Service

Last updated: November 30, 2025

Please read these Terms carefully. By using our Service, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 14.

1. Agreement to Terms

By accessing or using Send.gift, including any associated websites, applications, and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Service. We reserve the right to deny access to the Service to anyone, at any time, for any reason.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Send.gift operates as a platform facilitating the purchase and redemption of digital gift credits. We act solely as an intermediary between gift purchasers, gift recipients, and third-party merchants. We do not manufacture, sell, or ship any physical products directly. All products are sourced from and fulfilled by independent third-party merchants over whom we have no control.

The Service enables you to:

  • Purchase gift credits for a specified monetary amount
  • Send gift credits to recipients via email notification
  • Redeem gift credits for products available through our platform

Product availability, pricing, specifications, and images displayed on the Service are subject to change without notice and may not reflect current merchant inventory. We do not guarantee the accuracy, completeness, or timeliness of any product information.

3. Gift Credits

Gift credits purchased through Send.gift are subject to the following terms and conditions:

  • Non-refundable: Gift credits are non-refundable once purchased, except as required by applicable law
  • No expiration: Gift credits do not expire unless required by applicable law
  • No cash value: Gift credits cannot be redeemed for cash, resold, or transferred to third parties
  • Top-up payments: If the selected product exceeds the gift credit value, additional payment is required
  • Non-transferable: Gift credits are intended for the designated recipient only
  • Lost or stolen: We are not responsible for lost, stolen, or unauthorized use of gift credits
  • No interest: Gift credits do not accrue interest

We reserve the right to void or refuse to honor gift credits obtained through fraudulent means, unauthorized channels, or in violation of these Terms.

4. Purchases and Payments

All purchases are processed through Stripe, Inc., our third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy. We do not store, have access to, or process your full payment card details on our servers.

You represent and warrant that: (a) you are authorized to use the payment method provided; (b) all payment information you provide is accurate and complete; and (c) charges incurred by you will be honored by your payment provider. You are solely responsible for any fees charged by your financial institution in connection with your use of the Service.

All prices are displayed in U.S. dollars unless otherwise noted. Prices are subject to change without notice. We are not responsible for pricing errors, and we reserve the right to cancel any orders resulting from such errors.

5. Product Fulfillment and Third-Party Merchants

IMPORTANT: Products redeemed through Send.gift are sourced from and fulfilled entirely by independent third-party merchants. We act solely as a facilitator and are NOT the seller, manufacturer, or shipper of any products. Your purchase constitutes a direct transaction with the applicable third-party merchant.

We expressly disclaim all responsibility and liability for:

  • Product quality, safety, legality, or suitability for any purpose
  • Accuracy of product descriptions, images, or specifications
  • Shipping delays, lost packages, or delivery issues
  • Product defects, damages, or non-conformity with descriptions
  • Merchant customer service, return policies, or warranties
  • Any acts or omissions of third-party merchants
  • Product availability or discontinuation

Any disputes regarding products must be resolved directly with the fulfilling merchant. We will make reasonable efforts to assist but are under no obligation to do so.

6. Refunds and Returns

Gift credits are strictly non-refundable except as required by applicable law. Once a gift has been sent, the transaction is considered final.

For redeemed products, returns and exchanges are subject exclusively to the policies of the fulfilling third-party merchant. We have no control over and assume no responsibility for merchant return policies. See our Refund Policy for additional details.

7. User Conduct

You agree not to:

  • Use the Service for any unlawful, fraudulent, or unauthorized purpose
  • Violate any applicable local, state, national, or international law or regulation
  • Attempt to gain unauthorized access to our systems, servers, or networks
  • Interfere with, disrupt, or overload the Service or its infrastructure
  • Use automated systems, bots, scrapers, or similar technology without express permission
  • Transmit viruses, malware, or other harmful code
  • Engage in any activity that could damage our reputation or goodwill
  • Circumvent any security measures or access restrictions
  • Use the Service to send spam, unsolicited communications, or harass others
  • Impersonate any person or entity or misrepresent your affiliation
  • Resell, redistribute, or commercially exploit gift credits or the Service

We reserve the right to terminate your access to the Service immediately, without notice, for any violation of these Terms, and to pursue any legal remedies available.

8. Intellectual Property

The Service, including all content, features, functionality, text, graphics, logos, trademarks, and software, is owned by Send.gift or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service without our express written consent. Any unauthorized use terminates the license granted herein.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL PRODUCTS ARE PROVIDED BY THIRD-PARTY MERCHANTS AND ARE SUBJECT TO THEIR OWN WARRANTIES, IF ANY. WE MAKE NO WARRANTIES REGARDING ANY PRODUCTS AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO PRODUCTS, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEND.GIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Send.gift, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any content you submit or transmit through the Service; or (e) your fraudulent or negligent acts or omissions. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration provisions below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any disputes arising out of or relating to these Terms or the Service.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at support@send.gift to attempt to resolve any dispute informally. If a dispute is not resolved within 30 days of such notice, either party may proceed as set forth below.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Exceptions: Either party may bring claims in small claims court if the claims qualify and remain in such court. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

14. Class Action Waiver

YOU AND SEND.GIFT AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION PROVISION SHALL BE NULL AND VOID.

15. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, pandemics, epidemics, internet or telecommunications failures, power outages, or third-party service provider failures.

16. Termination

We reserve the right to suspend or terminate your access to the Service at any time, without notice, for any reason, including violation of these Terms. Upon termination, all provisions of these Terms that by their nature should survive shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

You may terminate your use of the Service at any time by discontinuing use. Termination does not entitle you to any refund of gift credits or other payments made.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Send.gift regarding the Service and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Send.gift.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

21. Changes to Terms

We reserve the right to modify these Terms at any time in our sole discretion. We will post the updated Terms on this page and update the "Last updated" date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

22. Contact Us

If you have questions about these Terms, please contact us at legal@send.gift