Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Giftabiz website, services, and related applications (collectively, the "Service") provided by GAB LLC, a Nevada limited liability company doing business as Giftabiz ("Giftabiz," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older and legally able to enter into binding contracts.

2. The Gifting Relationship

2.1 Nature of Gifts

Contributions made through the Service ("Gifts") are voluntary transfers of money from one user (the "Giver") to another (the "Recipient"). Gifts are gratuitous by nature and made with no expectation of return, financial or otherwise.

2.2 No Obligation to Give Value in Return

Recipients are under no legal obligation to provide any product, service, equity, discount, reward, or benefit to Givers in exchange for a Gift. Any promises made by a Recipient outside of the Service are between the Recipient and the Giver and are not obligations of Giftabiz.

2.3 Use of Gifted Funds

Recipients may use gifted funds for any lawful purpose. Giftabiz does not require, verify, or monitor how Gifts are used. Recipients are solely responsible for the operation and success (or failure) of their business.

2.4 No Guarantee of Business Success

Giftabiz makes no representation or warranty regarding the viability, legitimacy, or future success of any business, campaign, or Recipient on the Service. Givers acknowledge that a business receiving Gifts may fail, close, change direction, or never launch.

2.5 Tax Implications

Gifts made through the Service may or may not be tax-deductible depending on your circumstances. Recipients may owe taxes on Gifts received depending on classification (personal gift vs. business income). Neither Giftabiz nor its agents provide tax advice. All users are responsible for consulting their own tax professionals regarding their individual tax obligations.

3. Eligibility and Accounts

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited by law from using the Service in your jurisdiction
• Comply with all applicable laws and regulations

3.2 Account Registration

Certain features of the Service require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your account credentials confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.3 One Account per Person

You may only create one account per person. Creating multiple accounts to evade fees, restrictions, or terminations is grounds for termination of all associated accounts.

4. Recipient (Business Owner) Responsibilities

If you create a campaign page on the Service to receive Gifts, you additionally agree to:

• Be legitimate: Represent a real, lawful business or planned business that you own or are authorized to represent
• Be truthful: Provide accurate information about your business, launch plans, and use of funds; not misrepresent any material fact
• Connect Stripe: Register for and maintain a Stripe Connect account, and comply with Stripe's terms and applicable payment regulations
• Not violate prohibited use restrictions: Comply with Section 8 (Prohibited Uses) at all times
• Handle disputes fairly: Respond to reasonable inquiries from Givers about your business and its progress
• Report accurately: Comply with all applicable tax reporting requirements for Gifts received
• Not solicit off-platform: Direct Gifts to your Giftabiz campaign, not to alternative payment methods, to avoid circumventing platform fees

5. Giver Responsibilities

If you send a Gift through the Service, you agree that:

• You are giving voluntarily, with no expectation of financial return
• You understand that Gifts are generally non-refundable except in cases of fraud
• You will not use the Service for illegal purposes, money laundering, tax evasion, or to circumvent legal obligations
• You are using your own payment methods, not stolen or fraudulent payment credentials
• You will not attempt to reverse or dispute charges without valid reason
• Any video, photo, or text content you submit as part of a Gift is yours to share and does not violate any third-party rights

6. Platform's Role

6.1 Facilitator, Not Party

Giftabiz is a technology platform that facilitates the transfer of Gifts between Givers and Recipients. Giftabiz is not a party to the Gift itself. The Gift is a direct transfer from Giver to Recipient, facilitated by our third-party payment processor (Stripe).

6.2 No Endorsement

The presence of a campaign, business, or user on the Service does not constitute an endorsement, verification, or recommendation by Giftabiz. We do not independently verify the accuracy of information submitted by users.

6.3 Content Moderation

We reserve the right, but not the obligation, to review, moderate, remove, or restrict any content or campaign that we believe violates these Terms, our Community Guidelines, or applicable law. Removal decisions are at our sole discretion.

6.4 No Financial Advisory Services

Nothing on the Service constitutes financial, investment, tax, or legal advice. The Service is not a broker-dealer, investment advisor, bank, money transmitter, or fiduciary.

7. Fees and Payment Processing

7.1 Platform Fee

Giftabiz charges a platform fee of five percent (5%) of each Gift transaction. This fee is paid by the Giver at the time of the Gift, in addition to the Gift amount. The Recipient receives the full amount of the intended Gift.

7.2 Payment Processing Fees

All payments are processed through Stripe. Stripe charges its own processing fees (currently approximately 2.9% + $0.30 per transaction, subject to change per Stripe's terms). These fees are also paid by the Giver.

7.3 Payouts to Recipients

Recipients receive Gifts directly to their connected Stripe account. Giftabiz does not hold, control, or maintain custody of Gift funds. Payout timing, availability, and any fees or delays are determined by Stripe.

7.4 Fee Changes

We may change our platform fees from time to time. We will provide at least 30 days' notice of any material fee changes via email or a prominent notice on the Service.

8. Prohibited Uses

You may not use the Service in connection with, or to raise Gifts for, any of the following:

• Illegal activities or businesses that violate any applicable law
• Adult content, pornography, or sexually explicit materials
• Cannabis, marijuana, CBD, or related products (regardless of state legality)
• Firearms, ammunition, explosives, or weapons of any kind
• Gambling, lotteries, sweepstakes, or games of chance
• Multi-level marketing (MLM), pyramid schemes, or Ponzi schemes
• Cryptocurrency, NFTs, or blockchain-based financial products
• Financial services, investment products, or lending activities
• Debt collection, debt consolidation, or credit repair services
• Hate speech, harassment, discrimination, or content targeting protected groups
• Fraudulent misrepresentation of a business, purpose, or identity
• Any purpose that would violate Stripe's Restricted Business list

You also may not:

• Use the Service to launder money, evade taxes, or circumvent legal reporting obligations
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Solicit Gifts for one purpose while intending to use them for another
• Attempt to circumvent platform fees by directing users to alternative payment methods
• Use bots, scrapers, or automated tools to interact with the Service
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code from the Service

9. Refunds and Disputes

9.1 General Policy

Because Gifts are gratuitous transfers, they are generally non-refundable once completed.

9.2 Fraud Exception

If a Giver believes a Recipient has committed fraud, misrepresentation, or violated these Terms, they may:

• Contact us at hello@giftabiz.com to report the issue
• Initiate a dispute with their credit card issuer or Stripe

Giftabiz will review reported issues in good faith but is not obligated to reverse any Gift. Final resolution of payment disputes is handled through Stripe and the payment network.

9.3 Chargebacks

If a Giver initiates a chargeback and it is granted by the payment network, the corresponding funds will be reversed from the Recipient's Stripe account. Recipients are responsible for chargeback fees imposed by Stripe.

9.4 Business Failure or Non-Launch

If a Recipient's business fails to launch, closes, or changes direction after receiving Gifts, this alone does not entitle Givers to a refund. Gifts were made voluntarily with acknowledgment of business risk.

10. Content and Intellectual Property

10.1 User Content

You retain ownership of the text, images, videos, and other content you submit to the Service ("User Content"). By submitting User Content, you grant Giftabiz a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, display, distribute, modify, and create derivative works of your User Content for the purpose of operating, promoting, and improving the Service.

10.2 Cross-Sharing of Content

Video messages, notes, and photos submitted as part of a Gift may be used by both the Giver and Recipient on their own social media, websites, and marketing materials. By submitting such content, you grant the other party a limited license to use it for these purposes.

10.3 Giftabiz's Intellectual Property

The Service, including its design, code, logo, trademarks, and content created by Giftabiz, is the property of GAB LLC and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of our intellectual property without written permission.

10.4 DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, send a written notice to hello@giftabiz.com including: identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief that use is unauthorized, and a statement under penalty of perjury that your notice is accurate.

11. Termination

11.1 By You

You may close your account at any time by contacting us at hello@giftabiz.com. Existing campaigns may be paused or removed at your request.

11.2 By Us

We may suspend or terminate your account, remove campaigns, or restrict access to the Service at any time, without notice, if we believe:

• You have violated these Terms or our Community Guidelines
• Your use of the Service creates legal risk for Giftabiz or other users
• Your account has been inactive for an extended period
• Continued operation of your campaign is not in the interest of the Service or its users

11.3 Effect of Termination

Upon termination, your right to use the Service ends. Provisions of these Terms that by their nature should survive termination (including sections on gifts already made, intellectual property, disclaimers, limitations of liability, and dispute resolution) will survive.

12. Disclaimers

Without limiting the foregoing, Giftabiz specifically disclaims any warranty regarding:

• The success or failure of any business or campaign
• The legitimacy or truthfulness of statements made by users
• The tax treatment of Gifts for any user
• The continued availability of the Service
• The security of data despite our reasonable security measures

13. Limitation of Liability

Giftabiz's total aggregate liability to you for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) one hundred U.S. dollars ($100), or (b) the total amount of platform fees you have paid to Giftabiz in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

14. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content you submit to the Service
• Any disputes between you and other users of the Service
• Your business operations, tax obligations, or use of funds received through the Service

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at hello@giftabiz.com. We will attempt to resolve the dispute informally within 60 days.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Clark County, Nevada, or another location mutually agreed upon.

15.3 Class Action Waiver

You and Giftabiz agree that any dispute will be resolved on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

15.4 Exceptions

Notwithstanding the above, either party may:

• Bring an individual action in small claims court
• Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights

15.5 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to hello@giftabiz.com within 30 days of first accepting these Terms. The notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration.

15.6 Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.

16. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify subscribers by email if the changes materially affect your rights
• Post the updated Terms prominently on the Service

Your continued use of the Service after any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional guidelines or policies referenced herein, constitute the entire agreement between you and Giftabiz regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. Giftabiz may assign these Terms without restriction.

17.5 Force Majeure

Giftabiz is not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, war, terrorism, riots, embargoes, strikes, failures of third-party service providers, or internet outages.

17.6 Notices

We may provide notice to you by email, through the Service, or by posting on our website. You must send notices to us at hello@giftabiz.com or by mail to the address below.

18. Contact Us

For questions about these Terms, contact us at: