These Terms of Service govern access to and use of the Gifty.AI Shopify application, storefront features, websites, support services, and related functionality. By installing, accessing, or using Gifty.AI, you agree to these Terms on behalf of yourself and the merchant or organization you represent.
If you do not agree to these Terms, do not install or use Gifty.AI.
Eligibility and authority
You must be legally able to enter into a binding agreement and must have authority to act for the Shopify merchant account that installs or uses Gifty.AI. You are responsible for ensuring that staff members and collaborators who access Gifty.AI comply with these Terms.
The service
Gifty.AI helps Shopify merchants configure and display gift messages, gift options, gift wrap, and related add-ons, and helps merchants identify and manage orders that use those features.
You control whether gifting features are enabled, how they are labeled, which products or variants are offered, how the widget is placed, and which integrations are configured. You are responsible for reviewing your storefront, testing the configuration, and confirming that prices, products, notices, and fulfillment processes are correct before making features available to shoppers.
Shopify account and platform terms
Gifty.AI requires an active Shopify store and the permissions needed for the selected features. Your use of Shopify remains governed by your agreements with Shopify. Shopify may change, suspend, or discontinue platform features that Gifty.AI depends on, and those changes can affect the service.
You are responsible for protecting your Shopify account, limiting staff access, and promptly notifying us if you believe an account or integration credential has been compromised.
Plans, billing, and cancellation
Available plans, prices, billing periods, and included features are shown in Gifty.AI and on the pricing page. Shopify manages subscription approval, payment processing, renewals, plan changes, cancellations, and applicable taxes through Shopify App Billing.
Charges are applied through Shopify after you approve them. Unless required by law or stated otherwise at purchase, fees already charged are non-refundable. Removing the app or canceling a subscription stops future service according to the timing shown by Shopify, but does not reverse charges already incurred.
We may change plans or pricing by providing notice as required by Shopify or applicable law. A pricing change will not apply retroactively.
Merchant responsibilities
You are responsible for:
- using Gifty.AI only for lawful business purposes;
- providing accurate configuration, product, pricing, and billing information;
- obtaining any notices, permissions, or consents needed for shopper gift messages and other personal information;
- fulfilling orders, gift products, gift wrap, refunds, returns, taxes, shipping, and customer support obligations;
- ensuring that your storefront content and use of Gifty.AI comply with applicable laws and Shopify policies; and
- reviewing merchant-configured integration destinations and protecting integration secrets.
Gifty.AI does not become the seller, merchant of record, fulfillment provider, payment processor, or contracting party for transactions between you and your customers.
Acceptable use
You must not:
- use the service for illegal, deceptive, fraudulent, abusive, or harmful activity;
- attempt to gain unauthorized access to the service or another merchant’s data;
- interfere with the service, bypass security controls, probe for vulnerabilities without authorization, or introduce malicious code;
- use the service to collect personal information that is unnecessary for gifting functionality;
- reverse engineer or copy the service except where applicable law expressly permits it;
- resell or provide the service to third parties as a standalone product without written permission; or
- use Gifty.AI or Shopify branding in a way that falsely suggests sponsorship, endorsement, or affiliation.
We may investigate suspected violations and may suspend access when reasonably necessary to protect the service, merchants, shoppers, or others.
Merchant content and instructions
You retain ownership of the settings, text, product selections, integration configuration, and other content you provide. You grant Gifty.AI a limited right to host, copy, process, transmit, and display that content only as needed to provide, secure, support, and improve the service.
You represent that you have the rights and permissions needed for the content and instructions you provide. You are responsible for content delivered to merchant-configured webhook destinations.
Gifty.AI property
Gifty.AI and its licensors retain all rights in the service, software, designs, documentation, branding, and related technology, excluding merchant content and third-party materials. These Terms do not transfer ownership of the service or grant any right to use Gifty.AI trademarks except as necessary to identify the service.
Feedback may be used to improve Gifty.AI without restriction or payment, provided it does not identify a merchant or disclose confidential information.
Third-party services
The service depends on Shopify and may interact with products, themes, infrastructure providers, support tools, or destinations selected by a merchant. We are not responsible for third-party services, their availability, or their independent terms and privacy practices.
Availability and changes
We aim to provide a reliable service, but uninterrupted or error-free operation is not guaranteed. Maintenance, security incidents, internet failures, Shopify changes, merchant configuration, third-party services, or events outside our reasonable control can affect availability.
We may modify, add, or remove service features. If a change materially reduces paid functionality, we will provide notice where reasonably practical or required by law.
Suspension and termination
You may stop using Gifty.AI at any time and may cancel through Shopify. We may suspend or terminate access if you materially breach these Terms, fail to pay approved charges, create a security or legal risk, or use the service in a way that could harm Gifty.AI, Shopify, merchants, shoppers, or others.
After termination, your right to use the service ends. Provisions that by their nature should continue, including payment obligations, ownership, disclaimers, liability limitations, and dispute provisions, will survive.
Disclaimers
To the maximum extent permitted by law, Gifty.AI is provided on an “as is” and “as available” basis. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not guarantee that the service will meet every merchant requirement, work with every theme or third-party application, increase revenue, or prevent all errors or unauthorized access. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
Limitation of liability
To the maximum extent permitted by law, Gifty.AI and its suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or data, even if advised that such loss is possible.
To the maximum extent permitted by law, the total liability of Gifty.AI and its suppliers for claims arising from or related to the service will not exceed the fees paid for Gifty.AI during the twelve months before the event giving rise to the claim.
These limitations do not apply where liability cannot lawfully be limited or excluded.
Indemnity
To the extent permitted by law, you will defend and indemnify Gifty.AI and its personnel against third-party claims, damages, and reasonable costs arising from your merchant content, your storefront or products, your breach of these Terms, or your violation of law or another person’s rights.
Applicable law
These Terms are governed by applicable law. Mandatory rights and remedies available under local law remain unaffected. Before starting formal proceedings, you agree to contact us and make a good-faith effort to resolve the issue informally.
Changes to these Terms
We may update these Terms to reflect changes to the service or applicable requirements. We will post the revised Terms here and update the date above. If a change materially affects merchant rights or obligations, we will provide additional notice where appropriate.
Continued use of Gifty.AI after revised Terms take effect constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.
Contact
Questions about these Terms can be submitted through the Gifty.AI Help Center.