TERMS OF USE

GiftDaddy™ – The Private Gifting Platform

Effective Date: [Month Day, 2026]

These Terms of Use ("Terms") govern your access to and use of the GiftDaddy™ website, applications, services, and related technologies (collectively, the "Platform"), which are owned and operated by Gifty Club, LLC, a Missouri limited liability company ("GiftDaddy," "Company," "we," "our," or "us").

These Terms constitute a legally binding agreement between you and GiftDaddy.

By creating an Account, accessing the Platform, purchasing GiftDaddy Points, transferring GiftDaddy Points, redeeming GiftDaddy Points, placing an Order, or otherwise using the Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms, our Privacy Policy, Shipping, Returns & Refund Policy, and any additional policies incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Platform.

1. DEFINITIONS

Capitalized terms not otherwise defined in these Terms shall have the meanings set forth in the GiftDaddy Definitions page, which is incorporated herein by reference.

2. ELIGIBILITY

The Platform is intended solely for adults.

By using the Platform, you represent and warrant that you:

  • are at least eighteen (18) years of age;
  • possess the legal capacity to enter into binding contracts;
  • will provide truthful, current, and accurate information;
  • will maintain the accuracy of your information;
  • will comply with these Terms and all applicable laws.

GiftDaddy reserves the right to request age verification or identity verification at any time.

If GiftDaddy determines, in its sole discretion, that a User is under the age of eighteen (18), has supplied false information, or otherwise fails to satisfy these eligibility requirements, GiftDaddy may immediately suspend or terminate the Account without prior notice.

3. NATURE OF THE PLATFORM

GiftDaddy operates a private gifting and ecommerce platform.

GiftDaddy enables adults who already know one another to exchange gifts while helping protect the personal information of both the Sender and the Recipient.

GiftDaddy allows a Sender to purchase GiftDaddy Points and transfer those Points to one or more connected Recipients.

Recipients may redeem available GiftDaddy Points for eligible Merchandise offered through the Platform.

GiftDaddy purchases, coordinates fulfillment of, and resells Merchandise through authorized fulfillment providers and suppliers.

GiftDaddy is not:

  • a dating website;
  • a matchmaking service;
  • a social networking platform;
  • a peer-to-peer messaging platform;
  • an escort directory;
  • a prostitution service;
  • a peer-to-peer payment service;
  • a money transmission business;
  • a bank;
  • a cryptocurrency exchange;
  • an escrow company;
  • an investment platform;
  • an online auction site; or
  • a marketplace allowing Users to sell products directly to one another.

Nothing contained within these Terms shall be interpreted to characterize GiftDaddy as providing any service other than a private gifting and ecommerce platform.

4. EXISTING RELATIONSHIPS

GiftDaddy is intended solely for individuals who have an Existing Relationship established independently of the Platform.

GiftDaddy does not:

  • introduce strangers;
  • recommend prospective partners;
  • facilitate romantic introductions;
  • create social connections;
  • broker relationships;
  • verify personal relationships between Users.

Users are solely responsible for determining whether they wish to establish or maintain relationships with other individuals.

GiftDaddy assumes no responsibility for any interaction occurring between Users, whether on or off the Platform.

5. USER ACCOUNTS

Access to certain Platform features requires creation of an Account.

When creating an Account, you agree to provide accurate, complete, and current information.

You agree to promptly update your information whenever changes occur.

Each Account is intended solely for the individual who created it.

You may not:

  • share your Account credentials;
  • permit another person to use your Account;
  • create Accounts on behalf of another individual without authorization;
  • impersonate another person or entity.

You are solely responsible for:

  • maintaining the confidentiality of your login credentials;
  • all activity occurring under your Account;
  • promptly notifying GiftDaddy of suspected unauthorized access.

GiftDaddy reserves the right to suspend or terminate Accounts that violate these Terms or that present fraud, abuse, security, or operational concerns.

6. USER CONNECTIONS

Users may establish connections only through methods authorized by GiftDaddy, including:

  • usernames;
  • invitations;
  • QR codes;
  • other connection methods introduced by GiftDaddy.

GiftDaddy does not maintain publicly searchable member directories.

GiftDaddy does not permit anonymous browsing of User profiles.

GiftDaddy does not encourage unsolicited communication between Users.

GiftDaddy reserves the right to remove or terminate User connections that violate these Terms.

7. GIFTDADDY POINTS

GiftDaddy Points are digital account credits that may be purchased by Senders and transferred to one or more connected Recipients.

GiftDaddy Points exist solely within the Platform.

GiftDaddy Points:

  • are not legal tender;
  • are not cash;
  • are not deposits;
  • are not stored monetary value;
  • are not securities;
  • are not investment products;
  • are not cryptocurrency;
  • are not gift cards unless expressly designated by GiftDaddy;
  • have no independent cash value;
  • cannot be redeemed for currency.

GiftDaddy Points may be redeemed only in accordance with these Terms and other published Platform policies.

GiftDaddy reserves the right to:

  • establish minimum and maximum purchase amounts;
  • modify Point packages;
  • offer promotional bonuses;
  • discontinue promotional programs;
  • establish redemption limitations;
  • suspend Point transfers;
  • correct system errors involving Point balances.

GiftDaddy Points remain subject to applicable unclaimed property, abandoned property, and escheat laws where required.

Nothing contained in these Terms grants Users any ownership interest in GiftDaddy Points beyond the limited right to redeem them through the Platform as authorized by GiftDaddy.

8. POINT PURCHASES

GiftDaddy Points may be purchased only through payment methods approved by GiftDaddy.

By purchasing GiftDaddy Points, you represent and warrant that:

  • you are authorized to use the selected payment method;
  • the payment information supplied is accurate;
  • you authorize GiftDaddy to process the transaction;
  • the transaction is legitimate.

GiftDaddy reserves the right to refuse or cancel Point purchases where fraud, payment irregularities, regulatory requirements, inventory concerns, technical errors, or other business considerations warrant such action.

Purchased GiftDaddy Points generally become available shortly after payment authorization, although processing delays may occasionally occur.

9. POINT TRANSFERS

GiftDaddy Points may be transferred only between connected Users through Platform functionality expressly provided by GiftDaddy.

GiftDaddy reserves the right to limit:

  • transfer frequency;
  • transfer amounts;
  • transfer recipients;
  • daily transaction limits;
  • monthly transaction limits.

GiftDaddy may delay or suspend Point transfers where fraud prevention measures, legal requirements, or operational concerns require additional review.

Transfers completed in accordance with Platform procedures are generally considered final.

Unauthorized, fraudulent, or erroneous transfers should be reported immediately to Customer Support.

GiftDaddy will investigate reported issues but cannot guarantee reversal of completed transfers.

10. ACCOUNT SECURITY

GiftDaddy employs commercially reasonable safeguards designed to protect User Accounts.

However, Users remain responsible for maintaining the confidentiality of:

  • passwords;
  • authentication codes;
  • recovery information;
  • security credentials.

Users agree to immediately notify GiftDaddy if they believe:

  • their Account has been compromised;
  • unauthorized transactions have occurred;
  • login credentials have been stolen;
  • suspicious activity is present.

GiftDaddy may temporarily suspend an Account while investigating suspected security incidents.

11. COMMUNICATIONS

By creating an Account, you consent to receive communications relating to your use of the Platform, including:

  • account verification;
  • transaction confirmations;
  • shipping notifications;
  • security alerts;
  • customer service communications;
  • legal notices.

Where you separately consent, GiftDaddy may also send promotional communications.

You may opt out of marketing communications at any time using the unsubscribe mechanism provided.

Transactional and security-related communications cannot be disabled while your Account remains active because they are necessary to provide the Platform.

12. RECIPIENT-SELECTED MERCHANDISE

GiftDaddy's Platform is designed so that Recipients—not Senders—select the merchandise redeemed using GiftDaddy Points.

Once GiftDaddy Points have been transferred to a Recipient's Wallet:

  • the Sender no longer selects the merchandise;
  • the Sender does not determine product specifications;
  • the Sender does not determine product colors;
  • the Sender does not determine sizes;
  • the Sender does not determine brands;
  • the Sender does not determine styles;
  • the Sender does not determine quantities.

Recipients are solely responsible for selecting the merchandise they redeem.

GiftDaddy is not responsible for disagreements between Senders and Recipients regarding merchandise selected by the Recipient.

Recipient merchandise selections do not constitute grounds for:

  • cancellation of transferred GiftDaddy Points;
  • refunds;
  • chargebacks;
  • credits;
  • replacement merchandise;
  • reversal of completed transfers.

13. PRODUCT INFORMATION

GiftDaddy strives to display accurate descriptions, specifications, images, pricing, and availability information.

However:

  • colors may vary by display device;
  • dimensions may be approximate;
  • manufacturers may revise products without notice;
  • product images may differ slightly from actual merchandise;
  • packaging may vary.

GiftDaddy does not warrant that every product description is completely free from typographical, photographic, pricing, inventory, or technical errors.

14. PRODUCT AVAILABILITY

Merchandise availability depends upon:

  • supplier inventory;
  • manufacturer production;
  • fulfillment capacity;
  • legal restrictions;
  • seasonal availability;
  • discontinued products.

GiftDaddy reserves the right to:

  • discontinue products;
  • substitute equivalent products where appropriate;
  • remove products;
  • limit purchase quantities;
  • refuse Orders;
  • cancel Orders prior to shipment.

No product availability is guaranteed.

15. PRICING

GiftDaddy reserves the right to change:

  • product pricing;
  • Point redemption values;
  • shipping charges;
  • promotional pricing;
  • fees

at any time before an Order is accepted.

Obvious pricing errors do not obligate GiftDaddy to honor incorrect prices.

Where a pricing error occurs, GiftDaddy may:

  • cancel the Order;
  • refund the applicable Points or payment;
  • request confirmation before proceeding.

16. ORDERS

An Order is submitted when a Recipient redeems GiftDaddy Points for eligible Merchandise.

Submission of an Order does not guarantee acceptance.

GiftDaddy reserves the right to reject or cancel Orders due to:

  • fraud;
  • payment concerns;
  • inventory shortages;
  • legal restrictions;
  • supplier limitations;
  • shipping limitations;
  • pricing errors;
  • operational concerns.

GiftDaddy will make reasonable efforts to notify Users if an Order cannot be completed.

17. PAYMENT AUTHORIZATION

By purchasing GiftDaddy Points, you authorize GiftDaddy to charge your selected payment method for:

  • GiftDaddy Point purchases;
  • shipping charges;
  • taxes;
  • applicable fees;
  • adjustments authorized under these Terms.

You represent and warrant that:

  • the payment method belongs to you or you possess lawful authorization to use it;
  • all payment information supplied is accurate;
  • sufficient funds or credit are available.

GiftDaddy reserves the right to verify payment information before completing any transaction.

18. FRAUD PREVENTION

GiftDaddy maintains fraud detection procedures designed to protect Users and the Platform.

GiftDaddy may:

  • delay transactions;
  • reject transactions;
  • suspend Accounts;
  • require identity verification;
  • request supporting documentation;
  • refuse shipments.

GiftDaddy may cooperate with:

  • financial institutions;
  • payment processors;
  • shipping carriers;
  • governmental authorities;
  • law enforcement agencies

where reasonably necessary to investigate fraud or comply with legal obligations.

19. SHIPPING

GiftDaddy fulfills merchandise through professional fulfillment providers and suppliers.

Estimated shipping times are estimates only.

GiftDaddy is not responsible for delays resulting from:

  • supplier operations;
  • warehouse processing;
  • weather;
  • carrier delays;
  • customs;
  • labor disruptions;
  • natural disasters;
  • force majeure events.

Delivery estimates do not constitute guarantees.

20. PACKAGING

GiftDaddy makes reasonable efforts to provide a thoughtful and discreet gifting experience.

However, GiftDaddy does not guarantee that Merchandise will arrive in plain, generic, or unbranded packaging.

Depending upon operational requirements, Merchandise may arrive in:

  • manufacturer packaging;
  • branded cartons;
  • standard shipping boxes;
  • other commercially reasonable packaging.

Recipients should consider this before arranging shipment to workplaces, shared residences, or other locations where package privacy may be important.

21. RISK OF LOSS

Ownership and risk of loss transfer upon delivery by the shipping carrier to the shipping address provided during checkout.

GiftDaddy is not responsible for:

  • stolen packages after delivery;
  • packages accepted by another occupant;
  • packages delivered to the address supplied by the Recipient;
  • carrier errors occurring after confirmed delivery.

22. RETURNS

Most Merchandise offered through GiftDaddy is not eligible for return.

Returns may be authorized only under limited circumstances determined by GiftDaddy.

Where a return is authorized:

  • GiftDaddy may require a Return Merchandise Authorization (RMA);
  • return instructions must be followed exactly;
  • unauthorized returns may be refused.

GiftDaddy reserves the right to inspect returned merchandise before approving refunds or replacements.

23. NON-RETURNABLE MERCHANDISE

Unless required by applicable law, the following generally do not qualify for return, exchange, or replacement:

  • buyer's remorse;
  • incorrect size selected by Recipient;
  • color preference;
  • style preference;
  • customized products;
  • personalized products;
  • clearance merchandise;
  • products showing signs of use;
  • products damaged after delivery;
  • intimate products where prohibited by law.

24. REFUNDS

GiftDaddy may approve a refund when, in its reasonable discretion:

  • Merchandise arrives damaged;
  • Merchandise arrives defective;
  • Merchandise materially differs from the Order;
  • Merchandise cannot be fulfilled;
  • another circumstance warrants an exception.

GiftDaddy reserves sole discretion in determining the appropriate resolution, including:

  • replacement;
  • substitute merchandise;
  • refund;
  • denial of the claim.

Approved refunds are generally issued to the original payment method.

Financial institutions may require approximately ten (10) business days—or longer—to reflect approved refunds.

25. CHARGEBACKS

GiftDaddy encourages Users to contact Customer Support before initiating a payment dispute.

Because Merchandise is often purchased from suppliers immediately after authorization, fraudulent or abusive chargebacks significantly impact our ability to operate.

Initiating a chargeback does not automatically entitle a User to a refund.

GiftDaddy reserves the right to contest chargebacks that it reasonably believes are inconsistent with:

  • these Terms;
  • the facts surrounding the transaction;
  • applicable payment network rules.

Nothing contained herein limits any rights afforded to consumers under applicable law.

26. LOST OR MISSING SHIPMENTS

Where carrier tracking indicates successful delivery to the shipping address supplied during checkout, GiftDaddy may consider the Order successfully fulfilled.

GiftDaddy may, at its discretion, assist Users in investigating lost shipment claims.

However, GiftDaddy cannot guarantee reimbursement where carrier records indicate successful delivery.

27. TAXES

Applicable sales, use, value-added, or similar taxes may be collected where required by law.

Users remain responsible for any taxes not collected by GiftDaddy that are legally owed within their jurisdiction.

28. PRIVACY

GiftDaddy respects the privacy of its Users and is committed to safeguarding personal information in accordance with applicable law.

Our collection, use, disclosure, storage, and protection of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you acknowledge that you have reviewed the Privacy Policy and consent to the collection and use of information as described therein.

29. SEPARATION OF SENDER AND RECIPIENT INFORMATION

Protecting the identities of Senders and Recipients is one of GiftDaddy's defining features.

Except where necessary to:

  • process payments;
  • fulfill Orders;
  • comply with applicable law;
  • investigate fraud;
  • protect GiftDaddy's legal rights; or
  • otherwise operate the Platform,

GiftDaddy does not intentionally disclose:

Sender Information

  • legal name;
  • billing address;
  • email address;
  • telephone number;
  • payment information;

to the Recipient.

Likewise, GiftDaddy does not intentionally disclose:

Recipient Information

  • legal name;
  • shipping address;
  • email address;
  • telephone number;

to the Sender.

Nothing contained in these Terms prevents Users from voluntarily sharing personal information outside the Platform.

30. ACCEPTABLE USE

Users agree to use the Platform only for lawful purposes and in accordance with these Terms.

Users agree to conduct themselves respectfully toward:

  • other Users;
  • GiftDaddy employees;
  • Customer Support personnel;
  • fulfillment partners;
  • payment processors.

Users remain solely responsible for their conduct while using the Platform.

31. PROHIBITED ACTIVITIES

Users may not use the Platform to engage in or facilitate any unlawful, abusive, fraudulent, or unauthorized activity.

Prohibited conduct includes, but is not limited to:

  • violating applicable law;
  • facilitating prostitution;
  • facilitating escort services;
  • facilitating human trafficking;
  • exploiting minors;
  • distributing child sexual abuse material;
  • purchasing or distributing illegal products;
  • money laundering;
  • terrorist financing;
  • identity theft;
  • credit card fraud;
  • payment fraud;
  • phishing;
  • account takeover;
  • harassment;
  • stalking;
  • threats;
  • intimidation;
  • extortion;
  • impersonation;
  • copyright infringement;
  • trademark infringement;
  • unauthorized commercial solicitation;
  • distribution of malware;
  • attempts to compromise Platform security;
  • reverse engineering Platform software;
  • automated scraping without authorization;
  • denial-of-service attacks;
  • transmitting malicious code.

GiftDaddy reserves the right to investigate suspected violations and cooperate with law enforcement where appropriate.

32. RESTRICTED PRODUCTS

GiftDaddy reserves the right to prohibit any Merchandise that:

  • violates applicable law;
  • violates payment network rules;
  • violates supplier restrictions;
  • presents unreasonable legal or operational risk;
  • conflicts with GiftDaddy policies.

GiftDaddy does not knowingly offer:

  • illegal drugs;
  • marijuana products where prohibited;
  • drug paraphernalia;
  • pornography;
  • sexually explicit digital content;
  • alcohol;
  • tobacco products;
  • vaping products;
  • firearms;
  • ammunition;
  • explosives;
  • stolen property;
  • counterfeit goods;
  • other prohibited merchandise.

GiftDaddy may modify product offerings at any time.

33. ACCOUNT SUSPENSION

GiftDaddy may suspend, restrict, or terminate any Account where it reasonably believes:

  • these Terms have been violated;
  • fraud has occurred;
  • payment abuse has occurred;
  • chargeback abuse has occurred;
  • illegal activity has occurred;
  • Platform security is threatened;
  • continued access presents operational risk.

GiftDaddy may remove Platform access immediately without prior notice where necessary to protect Users, GiftDaddy, or third parties.

34. USER CONTENT

Users may voluntarily submit:

  • reviews;
  • ratings;
  • comments;
  • suggestions;
  • photographs;
  • testimonials;
  • other content.

Users represent that they possess all necessary rights to submit such content.

Users remain solely responsible for all submitted content.

GiftDaddy does not guarantee publication of any User Content.

35. LICENSE TO USER CONTENT

By submitting User Content, Users grant GiftDaddy a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to:

  • use;
  • reproduce;
  • publish;
  • display;
  • modify;
  • distribute;
  • translate;
  • adapt;
  • publicly perform;
  • create derivative works

for purposes related to operating, improving, promoting, or marketing the Platform.

Users retain ownership of their original content.

36. CONTENT MODERATION

GiftDaddy reserves the right, but assumes no obligation, to remove any content that:

  • violates these Terms;
  • violates applicable law;
  • infringes intellectual property;
  • contains offensive material;
  • contains fraudulent information;
  • threatens Platform integrity.

GiftDaddy's decision regarding content moderation shall be final.

37. INTELLECTUAL PROPERTY

The Platform and all associated content remain the exclusive property of GiftDaddy and its licensors.

Protected material includes:

  • trademarks;
  • service marks;
  • logos;
  • graphics;
  • software;
  • source code;
  • databases;
  • photographs;
  • videos;
  • illustrations;
  • text;
  • page layouts;
  • user interface designs;
  • trade dress.

Nothing contained within these Terms transfers ownership of any intellectual property.

38. LIMITED LICENSE

GiftDaddy grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose.

This license does not permit Users to:

  • copy Platform content;
  • reproduce software;
  • distribute Platform materials;
  • create derivative works;
  • scrape data;
  • harvest information;
  • reverse engineer software;
  • remove proprietary notices.

39. TRADEMARKS

GiftDaddy™, GiftDaddy.com™, associated logos, graphics, slogans, and branding are trademarks or proprietary marks owned or licensed by Gifty Club, LLC.

Unauthorized use is prohibited.

40. COPYRIGHT COMPLAINTS

GiftDaddy respects intellectual property rights.

Individuals believing their copyrighted work has been infringed should provide written notice including:

  • identification of the copyrighted work;
  • identification of the allegedly infringing material;
  • contact information;
  • a statement made under penalty of perjury that the complaint is made in good faith.

GiftDaddy reserves the right to remove allegedly infringing material pending investigation.

41. THIRD-PARTY PRODUCTS

GiftDaddy offers Merchandise manufactured by independent third parties.

GiftDaddy does not independently manufacture products.

Manufacturer descriptions, specifications, compatibility information, ingredient lists, warnings, sizing information, and warranties originate from those manufacturers.

GiftDaddy does not independently verify every manufacturer representation.

Manufacturer warranties, where offered, remain the responsibility of the applicable manufacturer.

42. THIRD-PARTY LINKS

The Platform may contain links to third-party websites or services.

GiftDaddy does not control those websites and assumes no responsibility for:

  • their content;
  • their privacy practices;
  • their products;
  • their availability.

Accessing third-party websites occurs entirely at the User's own risk.

43. DISCLAIMER OF WARRANTIES

THE PLATFORM, ALL MERCHANDISE, GIFTDADDY POINTS, SOFTWARE, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTDADDY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION:

  • implied warranties of merchantability;
  • fitness for a particular purpose;
  • title;
  • non-infringement;
  • uninterrupted availability;
  • error-free operation;
  • compatibility;
  • security;
  • accuracy of content.

GiftDaddy does not warrant that:

  • the Platform will always be available;
  • the Platform will be uninterrupted;
  • the Platform will be free from errors;
  • defects will be corrected immediately;
  • products will always be available;
  • suppliers will continue offering particular products;
  • deliveries will occur by estimated dates.

Nothing contained herein excludes warranties that cannot legally be excluded under applicable law.

44. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIFTDADDY, GIFTY CLUB, LLC, ITS OWNERS, MANAGERS, EMPLOYEES, OFFICERS, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, FULFILLMENT PARTNERS, PAYMENT PROCESSORS, LICENSORS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY:

  • indirect damages;
  • incidental damages;
  • consequential damages;
  • punitive damages;
  • exemplary damages;
  • special damages;
  • emotional distress damages;
  • lost profits;
  • lost business opportunities;
  • loss of goodwill;
  • loss of data;
  • interruption of business.

This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.

To the fullest extent permitted by law, GiftDaddy's total aggregate liability arising from any claim shall not exceed the greater of:

  • the total amount paid by the claimant to GiftDaddy during the twelve (12) months immediately preceding the event giving rise to the claim; or
  • One Hundred U.S. Dollars (US $100.00).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, liability shall be limited to the greatest extent permitted by applicable law.

45. USER RESPONSIBILITY

Users acknowledge and agree that they are solely responsible for:

  • their relationships with other Users;
  • communications occurring outside the Platform;
  • merchandise selections;
  • shipping addresses provided;
  • compliance with applicable law;
  • maintaining account security.

GiftDaddy does not supervise personal relationships between Users and assumes no responsibility for actions taken by one User toward another.

46. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless GiftDaddy, Gifty Club, LLC, its owners, managers, officers, employees, contractors, affiliates, successors, assigns, suppliers, fulfillment partners, licensors, and agents from and against any claims, damages, liabilities, judgments, settlements, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • your use of the Platform;
  • your violation of these Terms;
  • your violation of applicable law;
  • your infringement of intellectual property rights;
  • your misuse of another person's personal information;
  • your fraudulent conduct;
  • your User Content; or
  • your negligence or intentional misconduct.

GiftDaddy reserves the right to assume the exclusive defense of any matter subject to indemnification at your expense.

47. FORCE MAJEURE

GiftDaddy shall not be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including but not limited to:

  • natural disasters;
  • fires;
  • floods;
  • severe weather;
  • acts of God;
  • pandemics;
  • governmental actions;
  • labor disputes;
  • utility failures;
  • internet outages;
  • cyberattacks;
  • supplier failures;
  • carrier interruptions;
  • acts of war;
  • civil unrest.

Performance shall be suspended for the duration of the force majeure event.

48. GOVERNING LAW

These Terms and any dispute arising from or relating to the Platform shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles.

49. INFORMAL DISPUTE RESOLUTION

GiftDaddy believes most concerns can be resolved quickly through open communication.

Before initiating any legal proceeding, you agree to first contact GiftDaddy Customer Support and make a good-faith effort to resolve the matter informally.

Nothing in this section limits any rights that cannot legally be waived under applicable law.

50. VENUE

Unless otherwise required by applicable law, any legal action arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in St. Louis County, Missouri.

You consent to the personal jurisdiction of those courts.

51. CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, you agree that any claim or dispute against GiftDaddy shall be brought solely in your individual capacity.

You waive any right to participate as:

  • a class representative;
  • a class member;
  • a private attorney general; or
  • a participant in any representative proceeding.

If a court determines this waiver is unenforceable, only that portion shall be severed, and the remaining Terms shall continue in full force and effect.

52. ELECTRONIC COMMUNICATIONS

By creating an Account or using the Platform, you consent to receive notices electronically.

Electronic notices may include:

  • email communications;
  • Platform notifications;
  • account alerts;
  • legal notices;
  • policy updates.

Electronic communications satisfy any legal requirement that communications be provided in writing, except where prohibited by law.

53. MODIFICATIONS TO THE PLATFORM

GiftDaddy continually improves its Platform.

Accordingly, GiftDaddy reserves the right to:

  • modify Platform functionality;
  • introduce new features;
  • discontinue features;
  • remove products;
  • suspend services;
  • modify Point packages;
  • revise policies.

GiftDaddy shall not be liable for modifications made in good faith.

54. CHANGES TO THESE TERMS

GiftDaddy may revise these Terms periodically.

Updated Terms become effective upon posting to the Platform unless a later effective date is expressly stated.

Your continued use of the Platform after revised Terms become effective constitutes acceptance of those revisions.

If you do not agree to revised Terms, you must discontinue use of the Platform.

55. ASSIGNMENT

GiftDaddy may assign or transfer these Terms, in whole or in part, without restriction in connection with:

  • a merger;
  • acquisition;
  • corporate reorganization;
  • sale of assets;
  • financing transaction;
  • operation of the business.

Users may not assign their rights or obligations without GiftDaddy's prior written consent.

56. SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain fully enforceable.

The unenforceable provision shall be modified only to the extent necessary to make it enforceable while preserving its original intent whenever possible.

57. NO WAIVER

GiftDaddy's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of GiftDaddy.

58. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Shipping, Returns & Refund Policy, Definitions, and any additional policies expressly incorporated by reference, constitute the entire agreement between you and GiftDaddy concerning your use of the Platform.

They supersede all prior understandings, communications, representations, and agreements relating to the Platform.

59. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

GiftDaddy™ – The Private Gifting Platform
A service of Gifty Club, LLC

9909 Manchester Road, Suite 314
St. Louis, Missouri 63122
United States

Customer Support: support@giftdaddy.com

Legal Inquiries: legal@giftdaddy.com

EFFECTIVE DATE

These Terms are effective as of [Month Day, 2026] and remain in effect until modified or replaced by GiftDaddy.