In short
- The Merchant remains responsible for its store, customers, cards, and compliance.
- Gifty provides technology and is not the consumer-facing issuer.
- Mandatory law always prevails.
1. Identity, scope, and acceptance
These Terms bind APPS 4 SELLERS CORP (gifty) and the person or entity installing, buying, accessing, or using the Service (Merchant). The accepter is an adult authorized to bind the Merchant. The Privacy Policy, Gift Card Conditions, DPA, and plan are incorporated.
2. Service, account, and integrations
Gifty supports creation, sale, issuance, delivery, management, reconciliation, and redemption through compatible platforms. Features depend on plan, country, ecommerce, and providers. The Merchant safeguards credentials and reports compromise.
Third-party terms apply and integrations may change or fail. Bypassing limits, security interference, unlawful reverse engineering, fraud, and illegal use are prohibited.
3. Gift cards and consumers
The Merchant is issuer, seller, and commercial obligor: it sets lawful price, currency, validity, restrictions, tax, refunds, and redemption; discloses them before purchase; honors valid cards; and handles claims.
It reconciles sales, issuance, balance, redemption, refunds, chargebacks, and expiry. Gifty does not assume Merchant liabilities.
4. Plans, billing, tax, and delinquency
The offer states price, currency, cycle, trial, limits, and variable fees. Unless stated otherwise, fees are prepaid, tax-exclusive, and auto-renew until cancellation. The Merchant authorizes charges and keeps payment current.
Delinquency permits retries and proportionate restriction without cancelling amounts. Refunds follow the offer and law; the Merchant handles its taxes and fiscal data.
5. Data, privacy, and confidentiality
Each party follows privacy law. For buyer/recipient data submitted by Merchant, Merchant is controller and gifty processor under the DPA, with Merchant responsible for legal basis, notice, minimization, and rights.
Each party protects confidential information and limits compelled disclosure to what law requires, with notice when possible.
6. Intellectual property, content, and communications
Gifty retains Service, brand, interface, documentation, and improvement rights and grants a limited license during the relationship. Merchant retains its brand, designs, and content, licensing only what service requires.
Merchant warrants lawful content/contacts and compliant consent, identification, and opt-out for messages. Feedback may be used without disclosing confidentiality or attribution without permission.
7. Security, availability, and third parties
We use reasonable safeguards but no system is infallible. Maintenance, internet, Tiendanube, payments, messaging, hosting, or providers may interrupt service; material incidents are communicated under law and DPA.
Features may improve, change, or end with reasonable notice for material paid reductions. Betas have no availability commitment.
8. Suspension, cancellation, and exit
Merchant may cancel via plan flow. We may proportionately suspend or terminate for material breach, fraud, security/legal risk, nonpayment, abuse, or authority order, with notice and cure where reasonable.
Accrued fees, confidentiality, IP, limits, and disputes survive. We offer reasonable export, then delete/anonymize under DPA, backups, and law. Merchant remains liable for issued cards.
9. Warranties, liability, and indemnity
To the fullest lawful extent, service is as available and does not guarantee sales, profit, Merchant compliance, or uninterrupted providers. Non-waivable rights remain.
Indirect or unforeseeable profit losses are excluded where valid; aggregate gifty liability is capped at prior twelve-month fees except where prohibited and for fraud/gross negligence, payment, confidentiality, IP, illegal use, and indemnity. Merchant indemnifies store/card/content/instruction/law claims except to the extent caused by gifty.
10. Law, disputes, changes, and contact
Parties seek good-faith resolution for thirty days. Subject to mandatory law, Florida law and Broward County courts apply; mandatory consumer/data forums remain.
Material changes are dated, notified, and re-accepted when appropriate. Severability, non-waiver, limited assignment, and entire agreement apply. Contact: APPS 4 SELLERS CORP, 470 Ansin Blvd, Suite K, Hallandale Beach, FL 33009, USA — hola@crossup.ai.