Terms of Use

The rules that govern access to and use of Giftie services.

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GBYTE TECHNOLOGY INC (“we,” “us,” or “our”), concerning your access to and use of our website, web-based applications, and mobile applications known as Giftie (collectively, the “Site” or “Services”).

By accessing or using our Services, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services, including all source code, databases, functionality, software, user interface designs, conversational prompts, data synchronization tools, underlying safety filters, and systemic algorithmic configurations (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, and are protected by copyright, trademark, and trade secret laws.

As a strict condition of your limited license to access the Services, you explicitly agree NOT to:

Use any automated data scraping, data mining tools, robots, or web crawlers to systematically retrieve content, dialogue logs, product matrices, or schemas from the platform to train alternative large language models (LLMs), neural networks, or commercial algorithms.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You have the legal capacity and agree to comply with these Terms of Use.
You are not a minor under the age of 13 (or under 16 in the EEA/UK).

Our Services are tailored and strictly directed to general adult consumers. The platform is not structured to attract, nor do we knowingly target, market to, or solicit interactions from children. If we discover or possess actual knowledge that an individual under the mandated legal age has bypassed our age-gating mechanisms and submitted data, we will instantly delete all related logs from our active servers in strict accordance with the Children's Online Privacy Protection Act (COPPA) and local frameworks.

4. AI CHAT INPUT RESTRICTIONS (NO THIRD-PARTY PII)

Our platform utilizes conversational artificial intelligence to analyze user scenarios and generate tailored gift recommendations.

Mandatory Privacy Restriction: To safeguard third-party privacy rights, you are strictly prohibited from entering any personally identifiable information (PII) or sensitive personal data of your intended gift recipients into the live chat interface. This restriction covers real full names, precise physical addresses, phone numbers, government-issued IDs, or sensitive details regarding their physical/mental health conditions, medical histories, or financial statuses.
Compliance Duty: You must utilize generic, non-identifying attributes only (e.g., utilize "my 30-year-old colleague who likes cooking" instead of entering real names or identifying metadata). While we deploy technical filters to detect and sanitize accidental PII data, you remain solely legally and financially liable for any third-party privacy violations arising directly from your prompt inputs.

5. AI OUTPUT OWNERSHIP & USER COMMERCIAL LICENSE

No Copyright Over Outputs: We do not claim proprietary copyright ownership over the text responses, customized gift strategies, or seasonal card text generated for you by the AI (the "Outputs").
Limited Personal License: You are granted a non-exclusive, revocable, non-transferable license to utilize the Outputs for your personal, non-commercial holiday and event planning. You are explicitly prohibited from compiling, bulk-exporting, or scraping the AI Outputs to build a competing gifting directory, e-commerce training database, or independent commercial software enterprise.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the platform available. As a user of the Services, you agree not to:

Manipulate, "jailbreak," or prompt-engineer our AI engine into generating illegal, defamatory, hateful, racially or sexually offensive, obscene, or physically hazardous text instructions.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including text-safety content regulation filters or technical API rate-limiting blocks.
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

7. THIRD-PARTY MERCHANDISE, DATA FEEDS & AFFILIATE DISCLOSURES (CPS MODEL)

Please note that our platform operates strictly as an AI-driven algorithmic recommendation utility and does not act as an online merchant, retailer, seller, or physical distributor of consumer goods.

The Affiliate Model: To sustain this AI computing infrastructure without charging mandatory upfront premium usage fees, we integrate with third-party data synchronization frameworks, specifically Datafeedr, to extract real-time product images, merchant metrics, and descriptions. Clicking on an AI-recommended item redirects you to an external merchant domain (such as Amazon) via affiliate e-commerce links. If you complete a transaction, we may earn a small marketing commission (Cost-Per-Sale) from the third-party merchant.
Pricing and Availability Inaccuracies: Because product information is pull-cached from external digital networks via Datafeedr, pricing data, shipping parameters, and stock availability are subject to synchronization latencies or data transmission errors. All prices and item configurations displayed on our Services are estimates for informational reference only. The final binding terms of any purchase are controlled exclusively by the destination third-party merchant's checkout interface.
No Transactional Liability: We do not execute orders, process payments, wrap items, or manage product logistics. Once you exit our domain, your transactions are governed entirely by that external merchant's terms and privacy rules. We explicitly disclaim any legal liability, warranty, or responsibility for product defects, safety hazards, non-delivery, overcharging, or customer service disputes occurring on external web platforms.

8. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

9. GOVERNING LAW

These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of USA applicable to agreements made and to be entirely performed within that jurisdiction, without regard to its conflict of law principles.

10. DISPUTE RESOLUTION (BINDING ARBITRATION & CO-PAYMENT RULES)

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration, rather than in a court of law. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA").
Arbitration Fees: If your claim does not exceed $10,000, we agree to reimburse your initial administrative filing fees charged by the AAA, unless the arbitrator determines your claims are frivolous or brought for an improper purpose. Each party shall otherwise bear the cost of their own legal counsel.

11. CLASS ACTION WAIVER & ARBITRATION OPT-OUT MECHANISM

CLASS ACTION WAIVER: THE PARTIES AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION OR LITIGATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and class-action waiver provisions set forth above. You can exercise this right by sending a written notice of your decision to opt-out to our official compliance email: [email protected]. The notice must be sent within thirty (30) days of your first use of the Services or account creation; otherwise, you shall be bound to arbitrate disputes in accordance with these terms. Your opt-out notice must include your full name, account username, and a clear statement indicating your desire to opt-out of binding arbitration.

12. LIMITATIONS OF LIABILITY & LIMITED SAFETY WARRANTY EXCLUSIONS

AS-IS Disclaimer: THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR AI ENGINE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ALGORITHMIC ERRORS, MISTAKES, TEXT HALLUCINATIONS, OR WRONG ASSIGNMENTS OF AGE COMPATIBILITY GENERATED BY THE AI, OR (2) PROPERTY DAMAGE OR FINANCIAL LOSS RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES.
Safety & Injury Limitations: NOTWITHSTANDING ANY JURISDICTIONAL RULES TO THE CONTRARY, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH RESULTING DIRECTLY FROM OUR PROVEN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL PRODUCT DEFECTS IN THE BASE CORE SOFTWARE CODE, INSOFAR AS APPLICABLE LOCAL LAWS PROHIBIT CONFLICTING CONTRACTUAL DISCLAIMERS. WE DO NOT WARRANT THE SAFETY LABELS OF ITEMS MANUFACTURED BY THIRD-PARTY VENDORS FOUND THROUGH THE AI API.
Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable at()torneys’ fees and expenses, made by any third party due to or arising out of: (1) your prompt inputs and text contributions; (2) your unauthorized use of the Site; (3) your breach of these Terms of Use; or (4) your violation of the privacy rights, intellectual property rights, or publicity rights of any third party.

14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE() OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY ()OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US() OR VIA THE SITE.()

15. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the platform, please contact us at:

Direct Compliance Email: [email protected]