Terms of Service

Effective Date: March 3, 2026

Welcome to Givemo Gifts. These Terms of Service ("Terms") govern your access to and use of the website givemogifts.com and all related services (collectively, the "Service") operated by Givemo Gifts ("Givemo," "we," "us," or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 16 years of age to use the Service. By using Givemo, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. 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. Account Registration

To use the Service, you must create an account using either a magic link sent to your email address or Google OAuth authentication. You agree to:

  • Provide accurate and complete information during registration.
  • Maintain the security of your account and authentication credentials.
  • Notify us immediately at support@givemogifts.com if you suspect unauthorized access to your account.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

3. Description of the Service

Givemo is a personal gift assistant and CRM for loved ones. The Service allows you to:

  • Create and manage profiles for people in your life ("giftees"), including their names, relationships, birthdays, and personal notes.
  • Receive automated email and SMS reminders about upcoming birthdays at configurable intervals.
  • Receive reminders and gift inspiration for general holidays and gifting occasions (such as Christmas, Hanukkah, Valentine's Day, Mother's Day, Father's Day, and other seasonal events).
  • Track gift-giving history and preferences (available in future versions).
  • Receive AI-powered gift recommendations (available in future versions).
  • Participate in giveaways, promotions, and special offers communicated via email and SMS (see Section 5 for SMS-specific terms).

Features described as available "in future versions" are planned but not guaranteed. We reserve the right to modify, add, or remove features at any time.

4. Free and Paid Tiers

4.1 Free Tier

The free tier allows you to create and manage a limited number of giftee profiles (currently up to 5) with access to core features including birthday tracking and email reminders. Free tier limits are subject to change with reasonable notice.

4.2 Pro Tier

The Pro tier ($9.99/month) provides unlimited giftee profiles and access to premium features as they become available. By subscribing to Pro, you agree to the following:

  • Billing: you will be charged the subscription fee on a recurring monthly basis through our payment processor, Stripe. All fees are in US dollars.
  • Automatic renewal: your subscription will automatically renew each billing cycle unless you cancel before the renewal date.
  • Cancellation: you may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing cycle.
  • Price changes: we may change subscription pricing with at least 30 days' prior notice via email. Continued use after a price change constitutes acceptance of the new price.
  • Failed payments: if a payment fails, we may retry the charge and/or suspend access to Pro features until payment is resolved.

4.3 Refunds

Subscription fees are generally non-refundable. However, if you believe you have been charged in error or experience a significant service disruption, contact us at support@givemogifts.com and we will review your request on a case-by-case basis.

5. SMS Messaging Terms and Consent

5.1 Consent to Receive SMS Messages

By providing your mobile phone number and enabling SMS notifications in your account settings, you expressly consent to receive automated text messages (SMS and MMS) from Givemo Gifts at the mobile number you provided. You are not required to consent to receive SMS messages as a condition of purchasing any goods or services from Givemo. Your consent is voluntary, and you may opt out at any time as described below.

5.2 Types of Messages

By opting in to SMS notifications, you consent to receive the following types of text messages from Givemo Gifts:

  • Birthday reminders: automated reminders about upcoming birthdays for your giftees at intervals you configure (such as 30 days, 7 days, and 1 day before a birthday).
  • Holiday and occasion reminders: reminders and gift inspiration related to general holidays and gifting occasions, including but not limited to Christmas, Hanukkah, Valentine's Day, Mother's Day, Father's Day, and other seasonal events.
  • Giveaways and promotions: notifications about giveaways, contests, sweepstakes, special offers, and promotional events operated by Givemo Gifts.
  • Service and account notifications: transactional messages related to your account, such as subscription confirmations, payment receipts, and important service updates.
  • Product and feature announcements: messages about new features, product updates, and tips for using the Service.

5.3 Message Frequency

Message frequency varies based on your notification preferences, the number of giftees in your account, and the frequency of holidays, promotions, and giveaways. You may receive several messages per month. Birthday reminders are sent at the intervals you configure. Holiday reminders, giveaways, and promotional messages are sent periodically as relevant events occur.

5.4 Message and Data Rates

Message and data rates may apply. Your mobile carrier's standard messaging and data rates apply to all SMS messages sent to and from Givemo Gifts. Givemo is not responsible for any charges imposed by your mobile carrier.

5.5 How to Opt Out

You may opt out of receiving SMS messages from Givemo at any time by:

  • Replying STOP to any SMS message you receive from us. You will receive a one-time confirmation message acknowledging your opt-out request.
  • Disabling SMS notifications in your account settings on givemogifts.com.
  • Contacting us at support@givemogifts.com and requesting removal from SMS messaging.

After opting out, you will no longer receive SMS messages from Givemo unless you re-enable SMS notifications in your account settings. Opting out of SMS does not affect your email notifications or your use of any other features of the Service.

5.6 Help and Support

For help with SMS messaging, reply HELP to any message you receive from us, or contact us at support@givemogifts.com. You may also visit givemogifts.com/terms for the most current version of these terms.

5.7 Carrier Liability

Carriers (such as AT&T, T-Mobile, and Verizon) are not liable for delayed or undelivered messages. We do not guarantee that SMS messages will be delivered on time or at all, as delivery depends on third-party carrier infrastructure and your mobile device settings.

5.8 Phone Number Changes

If you change your mobile phone number, you are responsible for updating your phone number in your account settings. You agree to indemnify Givemo for any claims arising from SMS messages sent to a phone number you no longer control.

6. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law, regulation, or third-party rights.
  • Upload, store, or transmit any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
  • Attempt to gain unauthorized access to the Service, other users' accounts, or our systems and infrastructure.
  • Interfere with or disrupt the Service, servers, or networks connected to the Service.
  • Use the Service for any commercial purpose not expressly permitted by these Terms (e.g., reselling access, scraping data for commercial use).
  • Use automated tools (bots, scrapers, crawlers) to access the Service without our prior written consent.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Circumvent, disable, or interfere with any security features of the Service.

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your account without notice.

7. Your Content and Data

7.1 Ownership

You retain ownership of all content and data you submit to the Service ("Your Content"), including giftee profiles, notes, and preferences. We do not claim ownership of Your Content.

7.2 License to Us

By submitting Your Content to the Service, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service. This license ends when you delete Your Content or your account.

7.3 Data Handling

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

7.4 Responsibility for Content

You are solely responsible for Your Content. You represent that you have the right to submit all content you provide and that Your Content does not violate any law or infringe any third-party rights. We do not monitor or review Your Content but reserve the right to remove content that violates these Terms.

8. Intellectual Property

The Service, including its design, code, branding, logos, text, graphics, and all other materials (excluding Your Content), is owned by Givemo and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

"Givemo," "Givemo Gifts," the Givemo logo, and all related names, logos, and slogans are trademarks of Givemo. You may not use these marks without our prior written permission.

9. Third-Party Services

The Service integrates with and relies on third-party services for cloud hosting, database management, email and SMS delivery, user authentication (including Google sign-in), payment processing (including Stripe), and AI-powered features. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

In future versions, the Service may include links to third-party products or affiliate links. Purchases made through these links are transactions between you and the third-party seller. We are not a party to these transactions and disclaim all liability related to them.

10. AI-Powered Features

Future versions of the Service may include AI-powered gift recommendations and other automated features. Regarding these features:

  • AI recommendations are suggestions only and should not be relied upon as professional advice.
  • We do not guarantee the accuracy, appropriateness, or availability of any AI-generated recommendation.
  • AI features may use Your Content (such as giftee profiles and preferences) to generate personalized recommendations. This processing is covered by our Privacy Policy.
  • You are solely responsible for any purchasing decisions you make based on AI recommendations.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT 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 the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any information, content, or recommendations provided through the Service.

We do not guarantee that email or SMS reminders will be delivered on time or at all, as delivery depends on third-party email and carrier infrastructure and your email provider or mobile device settings. You should not rely solely on the Service for time-sensitive matters.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIVEMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to, use of, or inability to access or use the Service.
  • Any conduct or content of any third party on or related to the Service.
  • Any content obtained from the Service, including AI-generated recommendations.
  • Unauthorized access, use, or alteration of your transmissions or content.
  • Late, missed, or undelivered email or SMS reminders.
  • Any charges imposed by your mobile carrier in connection with SMS messages received from the Service.

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

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Givemo and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any law or the rights of any third party.
  • Your Content.

14. Termination

14.1 By You

You may stop using the Service and request account deletion at any time by contacting us at support@givemogifts.com. Upon deletion, your data will be handled in accordance with our Privacy Policy.

14.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, abusive behavior, suspected fraud, or extended inactivity. We will make reasonable efforts to notify you before termination when practical.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

15. Modifications to the Service and Terms

15.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

15.2 Terms Changes

We may update these Terms from time to time. When we make material changes, we will notify you via email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith informal negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in the State of New Jersey. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

YOU AND GIVEMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. General Provisions

Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and Givemo regarding the Service and supersede all prior agreements.

Severability: if any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

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, including in connection with a merger, acquisition, or sale of assets.

Notices: we may provide notices to you via email to the address associated with your account or by posting on the Service. You may contact us at the address below.

Force majeure: we shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or infrastructure failures, or third-party service outages.

18. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Givemo Gifts
Email: support@givemogifts.com
Website: https://www.givemogifts.com