Legal

Terms of Service

The rules and guidelines for using GiftyWow.

Last updated: February 2026

Terms of Service

Last updated: February 2026

Welcome to GiftyWow ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the GiftyWow mobile application, website, and AI-powered gifting services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Services.

1. AI-Powered Gift Recommendations

GiftyWow uses artificial intelligence, including large language models (LLMs), to analyse visual content you upload to generate gift recommendations. You acknowledge that:

The "Visual Detective" is an automated system that infers context and interests based on probabilistic models
It does not provide professional advice, psychological assessment, or definitive facts
Recommendations are suggestions only — you are responsible for verifying suitability before purchasing any gift

AI Accuracy Disclaimer

Artificial intelligence is experimental and may produce inaccurate or unexpected results ("hallucinations"). We do not warrant that gift recommendations, personality insights, or product descriptions generated by the AI are accurate, complete, or suitable for any recipient. You agree to independently verify all recommendations before acting on them. We are not liable for any offence, disappointment, allergic reaction, or social consequences arising from a gift selected based on our AI's suggestions.

2. User Content & Third-Party Privacy

Your Content

You retain ownership of the photos, videos, and text you upload ("User Content"). By uploading User Content, you grant GiftyWow a non-exclusive, worldwide, royalty-free licence to access, process, and analyse your User Content solely for the purpose of providing the Services.

Ephemeral Processing

Unless you opt-in to photo storage via your account settings, we process your photos in real-time to extract contextual metadata (e.g., "contains guitar," "outdoor setting") and then permanently discard the original image. A small thumbnail may be stored for match history display, which you can opt out of at any time. We do not create or store biometric templates (facial geometry) of anyone depicted in your content.

Recipient Privacy Warranty (Important)

When you upload photos of another person (the "Recipient"), you represent and warrant that:

You have the right or consent to upload that person's image for AI analysis
If the Recipient is under 18, you are their parent or legal guardian
You will not upload images of anyone who has asked you not to

You agree to indemnify GiftyWow against any claims, damages, fines, or legal costs arising from your breach of this warranty, including claims under applicable biometric privacy laws (e.g., BIPA), data protection regulations (e.g., GDPR, Australian Privacy Act), or any other privacy legislation.

No AI Training on Your Content

We do not use your uploaded photos or analysis results to train or improve our foundational AI models. We may collect anonymised, non-identifiable usage data (e.g., "birthday occasion selected," "budget range $50-100") to improve recommendation quality. See our Privacy Policy for details.

3. Credits & Payments

What are Credits: Credits are a limited licence to access specific AI features within the Services. Credits are not a currency, store of value, or property right.
Paid Credit Expiry: Purchased credits expire 36 months from the date of purchase (or longer where required by applicable law, such as 60 months under US federal law, or no expiry where required by state law).
Free/Promotional Credits: Complimentary credits may have a shorter expiry period as specified at the time of grant.
Refunds: All credit purchases are final and non-refundable, except where required by law (e.g., Australian Consumer Law guarantees, UK Consumer Rights Act 2015).
Payment Processing: Payments are securely handled by Stripe. We do not store your payment card details.

4. Product Links & Purchases

Affiliate Disclosure: GiftyWow participates in affiliate marketing programmes. When you click a product link and make a purchase, we may earn a commission. This does not affect the price you pay. Sponsored or promoted items will be clearly labelled.
Third-Party Retailers: GiftyWow is not the seller of any physical goods. Your contract for purchasing goods is with the third-party retailer. We are not responsible for product quality, delivery, returns, or merchant disputes.
Product Information: Product prices, availability, and descriptions are provided by third-party retailers and may change without notice. We do not guarantee the accuracy of product listings.

5. Prohibited Use

You may not use the Services to:

Upload content that is illegal, pornographic, hateful, or depicts violence
Upload images of individuals without their knowledge or consent for the purpose of harassment, stalking, or bullying
Upload images of children under 13 unless you are their parent or legal guardian
Create deepfakes or manipulated media using our AI outputs
Reverse-engineer, scrape, or attempt to extract our AI models or training data
Use the Services for any commercial purpose other than personal gift-giving

We reserve the right to remove any content and suspend or terminate accounts that violate these Terms, without refund.

6. Children & Minors

Age Restriction

You must be at least 16 years old (or 13 in the United States) to create a GiftyWow account or use the Services. By using the Services, you represent that you meet this age requirement.

Uploading Photos of Minors

GiftyWow is designed to help parents, guardians, and family members find gifts for children. If you upload a photo of a minor (under 18), you represent and warrant that:

You are the child's parent, legal guardian, or have explicit permission from their parent or legal guardian
The upload is for the sole purpose of generating gift recommendations for that child
You understand the AI will analyse the photo to infer interests and context for gift suggestions

Our Commitment to Child Safety

We apply the same ephemeral processing to photos of minors as all other photos — original images are discarded immediately after analysis. We do not build persistent profiles of children. AI analysis of minors is limited to inferring age-appropriate gift interests (e.g., hobbies, favourite characters) and does not generate psychological or behavioural profiling. We are actively developing additional technical safeguards, including age-detection controls, to further strengthen protections for minors and will update these Terms as those capabilities are deployed.

You agree to indemnify GiftyWow against any claims arising from your upload of a minor's photo without appropriate parental or guardian consent. If you believe a minor's data has been processed without proper consent, contact us immediately at privacy@giftywow.com and we will delete the relevant data promptly.

7. Intellectual Property

The Services, including our AI models, user interface, branding, and code, are owned by GiftyWow and protected by intellectual property laws.
You retain all rights to your User Content. We claim no ownership over the photos you upload.
AI-generated recommendations and insights are provided as part of the Service and may not be reproduced commercially without our permission.

8. Disclaimers & Limitation of Liability

Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available." We disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the AI analysis will be accurate or that the Visual Detective will correctly interpret visual or social cues.

Limitation of Liability

To the extent permitted by law, GiftyWow's total liability for any claims arising under these Terms shall not exceed the amount you paid us in the preceding 12 months (or A$100, whichever is greater). We are not liable for any indirect, special, incidental, or consequential damages, including disappointment, loss of data, or reputational harm arising from the use of the AI features.

Statutory Rights Preserved

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), UK Consumer Rights Act 2015, or any other applicable mandatory consumer protection legislation which cannot be excluded by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless GiftyWow, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your violation of these Terms; (b) your User Content, including any claims by third parties depicted in photos you upload; (c) your breach of the Recipient Privacy Warranty in Section 2; or (d) your use of the Services in a manner not authorised by these Terms.

10. Governing Law & Disputes

Australian Users: These Terms are governed by the laws of New South Wales, Australia. Disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales.
UK/EU Users: These Terms are governed by the laws of England and Wales. Nothing in these Terms affects your statutory rights under local consumer protection laws.
US Users: These Terms are governed by the laws of the State of Delaware. To the fullest extent permitted by law, you agree to resolve any disputes through binding arbitration on an individual basis, waiving any right to participate in class actions. You may opt out of this arbitration provision by emailing legal@giftywow.com within 30 days of creating your account.

11. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

We may terminate or suspend your access to the Services at any time for violation of these Terms. You may delete your account at any time via Profile > Delete Account.

Contact

If you have any questions about these Terms of Service, please contact us at legal@giftywow.com