Terms of Service

Agreement Overview

Welcome to GiftPot ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you and GiftPot, Inc., a Delaware corporation. By accessing or using our website, mobile application, or services (collectively, the "Platform"), you agree to these Terms.

1.1 Acceptance of Terms

By creating an account, contributing to a pot, or otherwise using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

1.2 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or Platform notification at least 30 days before they take effect. Your continued use after changes constitutes acceptance of the modified Terms.

User Accounts & Eligibility

2.1 Eligibility Requirements

To use GiftPot, you must:

• Be at least 18 years old
• Be legally capable of entering binding contracts
• Not be barred from using the Platform under applicable laws
• Have a valid email address and U.S. bank account or payment method
• Provide accurate, complete, and current information

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify us of any unauthorized use or security breach.

2.3 Accurate Information

You must provide accurate information and promptly update any changes. We may verify your identity and may suspend or terminate accounts with false information.

Our Services

3.1 Platform Role

GiftPot is a platform, not a party to transactions. We facilitate group gift collection but are not responsible for:

• The actions or inactions of pot organizers
• How collected funds are ultimately used
• The accuracy of pot descriptions or goals
• Disputes between contributors and organizers
• Tax obligations arising from transactions

3.2 Service Description

GiftPot provides:

• Tools to create and manage group gift collections ("Pots")
• Payment processing through third-party providers
• Communication tools between organizers and contributors
• Fund disbursement services
• Basic dispute resolution assistance

3.3 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may modify, suspend, or discontinue services at any time with reasonable notice.

Payments & Fees

4.1 Fee Structure

4.2 Payment Processing

All payments are processed by our third-party payment processors (Stripe, PayPal). By using our Platform, you agree to their terms of service and privacy policies.

4.3 Refunds

Contributors may request refunds within 7 days of contribution. After 7 days, refunds are at the organizer's discretion. See our Refund Policy for details.

4.4 Tax Obligations

You are responsible for all tax obligations. We report transactions to the IRS as required by law. Organizers receiving $600+ annually will receive a 1099-K form.

Prohibited Uses

You may NOT use GiftPot for:

5.1 Illegal Activities

• Money laundering or terrorist financing
• Fraud, scams, or deceptive practices
• Illegal gambling or gaming
• Sale of controlled substances
• Human trafficking
• Any activity violating federal, state, or local laws

5.2 Harmful Content

• Hate speech or discrimination
• Harassment or bullying
• Sexually explicit content
• Violence or threats
• Misinformation or false claims

5.3 Platform Abuse

• Creating fake or duplicate accounts
• Manipulating the Platform or its features
• Circumventing fees or security measures
• Automated scraping or data mining
• Spamming or unsolicited communications

Intellectual Property Rights

6.1 Our Property

All Platform content, features, and functionality (including designs, logos, text, graphics, and software) are owned by GiftPot and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you post but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for Platform operations and marketing.

6.3 DMCA Compliance

We respect intellectual property rights. To report copyright infringement, contact our DMCA agent at: legal@giftpot.app

Limitation of Liability

7.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTPOT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

7.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

7.4 Indemnification

You agree to indemnify and hold GiftPot harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Platform or violation of these Terms.

Dispute Resolution

8.1 Binding Arbitration

PLEASE READ CAREFULLY: THIS AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration under the American Arbitration Association rules, except you may pursue claims in small claims court if eligible.

8.2 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS. You may only resolve disputes with us individually and may not bring a claim as part of any class, consolidated, or representative action.

8.3 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles. The federal and state courts located in Delaware have exclusive jurisdiction.

8.4 30-Day Opt-Out

You may opt out of arbitration by sending written notice to legal@giftpot.app within 30 days of first accepting these Terms.

Privacy & Data Protection

9.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

9.2 Data Security

We implement industry-standard security measures but cannot guarantee absolute security. You use the Platform at your own risk.

9.3 Communications

By using the Platform, you consent to receive electronic communications from us, including emails, texts, and Platform notifications. These communications are part of your relationship with us.

Termination

10.1 Your Right to Terminate

You may close your account at any time through account settings. Termination does not relieve you of obligations incurred before termination.

10.2 Our Right to Terminate

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Inactivity for 12+ months
• Any reason with 30 days notice

10.3 Effect of Termination

Upon termination:

• Your access to the Platform ends immediately
• Pending transactions may be cancelled
• You must withdraw funds within 180 days
• Certain provisions of these Terms survive termination

General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and other policies, constitute the entire agreement between you and GiftPot.

11.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

11.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

11.4 Assignment

We may assign these Terms to any successor. You may not assign your rights without our written consent.

11.5 Force Majeure

We are not liable for failures caused by circumstances beyond our reasonable control.

State-Specific Notices

Additional State Provisions

• New York: Nothing in these Terms limits rights under New York General Business Law.
• New Jersey: The limitation of liability provisions may not apply to New Jersey residents.
• Illinois: Illinois residents may have additional rights under the Biometric Information Privacy Act.