Terms of service
TERMS OF SERVICE
Last Updated: August 13, 2026
Overview
Welcome to Gifay! Throughout these Terms, the words "we," "us," and "our" refer to Gifay. Gifay operates this store and website — including all related information, content, features, tools, products, and services — in order to provide you, the customer, with a curated shopping experience (the "Services"). Gifay is powered by Shopify, which enables us to deliver these Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use or access the Services.
Section 1 — Access and Account
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and that you consent to any minor dependents using the Services on devices you own or manage.
To use the Services, you may be required to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We strive to represent our products accurately on the Services. However, colors and product appearance may vary depending on your device settings and display configuration. We do not warrant that product quality or appearance will match your expectations or exactly match what is shown online.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit quantities on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. Gifay reserves the right to accept or decline any order at its sole discretion. Your order is not confirmed until Gifay accepts it and your payment has been received and processed.
Please review your order carefully before submitting — cancellation requests may not be accommodated after an order is accepted. In the event that we decline, modify, or cancel an order, we will make reasonable efforts to notify you via the contact information provided at checkout.
All purchases are subject to our Refund Policy. You represent that your purchases are for personal or household use only and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, or customs and import charges.
Prices on the Services may differ from those offered in physical stores or by third-party retailers. Promotional pricing is governed by separate terms, which prevail in the event of a conflict with these Terms.
You agree to provide accurate and complete payment and billing information, and to keep it up to date. By submitting payment, you represent that:
- The payment information provided is true, correct, and complete.
- You are authorized to use the payment method.
- All charges will be honored by your financial institution.
- You will pay all applicable charges, including taxes and shipping fees.
Section 5 — Shipping and Delivery
All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or circumstances beyond our control. Once your order is transferred to the carrier, title and risk of loss pass to you.
Section 6 — Intellectual Property
All content on the Services — including trademarks, text, images, graphics, product reviews, video, audio, and the design and arrangement thereof — is owned by Gifay, its affiliates, or licensors and is protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Gifay's names, logos, and product names are trademarks of Gifay or its affiliates. Shopify's name and logo are trademarks of Shopify Inc. All other trademarks belong to their respective owners. Unauthorized use may violate applicable intellectual property laws.
Section 7 — Optional Tools
We may provide access to optional third-party tools as part of the Services. These tools are provided "as is" and "as available" without warranties of any kind. We have no control over or responsibility for third-party tools, and your use of them is entirely at your own risk. We encourage you to review the terms provided by each third-party tool before use.
We may introduce new features or tools in the future; these will be deemed part of the Services and subject to these Terms.
Section 8 — Third-Party Links
The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for the accuracy, content, or practices of any third-party sites. If you choose to access third-party sites, you do so at your own risk.
All complaints, claims, or questions related to third-party products or services should be directed to the relevant third party.
Section 9 — Relationship with Shopify
Gifay is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made through the Services are made directly with Gifay. Shopify is not responsible for any aspect of transactions between you and Gifay, including any injury, damage, or loss resulting from purchased products or services.
By using the Services, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your transactions with Gifay.
Section 10 — Privacy Policy
All personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read and understood these policies.
Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services to provide and improve them. Please review our Privacy Policy for full details.
Section 11 — Feedback
By submitting ideas, suggestions, reviews, or other feedback ("Feedback") to us, you grant Gifay a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use.
You represent that you own or have all rights to any Feedback you submit, and that your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.
We may, but are not obligated to, moderate, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.
Section 12 — Errors, Inaccuracies and Omissions
The Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct any such errors and to update or cancel orders if information is found to be inaccurate, at any time and without prior notice.
Section 13 — Prohibited Uses
You may only use the Services for lawful purposes. You may not use the Services to:
- Engage in any unlawful, fraudulent, or malicious activity.
- Violate any applicable laws, regulations, or ordinances.
- Infringe upon any intellectual property rights.
- Harass, harm, or defame any individual or entity.
- Transmit false, misleading, or unsolicited communications (spam).
- Impersonate any person or entity.
- Interfere with the security, integrity, or availability of the Services.
- Upload or transmit viruses or other malicious code.
- Scrape, extract, or exploit any part of the Services using automated tools, bots, AI agents, or similar means.
- Restrict or inhibit any other user's use or enjoyment of the Services.
We reserve the right to suspend or terminate your account at any time, without notice, for any violation of these Terms.
Section 14 — Agents
14.1 This section applies if you use, allow, or enable any automated software or service ("Agent") to access or interact with the Services.
14.2 No Agent may access the Services unless it identifies itself in compliance with Section 14.4, and no Agent may continue to access the Services after we have requested it refrain from doing so.
14.3 We may implement technical measures to limit or control Agent access to the Services.
14.4 Agents must:
- Identify themselves in all HTTP/HTTPS requests via the user agent string:
Agent/[agent name] - Not conceal or misrepresent that interactions are automated (e.g., by mimicking human behavior or bypassing CAPTCHAs)
- Respond truthfully when asked whether interactions are from a human or a computer
- Not circumvent any measures designed to block or control Agent access
Section 15 — Termination
We may terminate this agreement or your access to the Services at any time, without notice, at our sole discretion. You remain liable for all amounts due through the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy Policy.
Section 16 — Disclaimer of Warranties
Information on the Services is provided for general informational purposes only. We make no warranty regarding its accuracy, completeness, or fitness for any particular purpose.
EXCEPT AS EXPRESSLY STATED BY GIFAY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.
Section 17 — Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GIFAY, OUR AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS — INCLUDING THOSE OF SHOPIFY AND ITS AFFILIATES — SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 18 — Indemnification
You agree to indemnify and hold harmless Gifay, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising from:
- Your breach of these Terms or any incorporated policies.
- Your violation of any applicable law or third-party rights.
- Your access to or use of the Services.
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claims at your expense but will not settle any claim requiring non-monetary obligations from you without your consent.
Section 19 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
Section 20 — Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies posted on the Services, constitute the entire agreement between you and Gifay regarding the Services and supersede all prior agreements, communications, and proposals.
Section 21 — Assignment
You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. Any unauthorized attempt to do so is null and void. We may assign or transfer these Terms without notice or consent.
Section 22 — Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States. You and Gifay consent to the exclusive jurisdiction and venue of the federal and state courts located in Wyoming.
Section 23 — Headings
Section headings are included for convenience only and do not affect the interpretation of these Terms.
Section 24 — Changes to Terms of Service
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.
Section 25 — Contact Information
If you have any questions about these Terms of Service, please contact us:
Gifay 📧 info@gifay.com 📍 5830 E 2nd St, STE 7000, Casper, WY 82609, United States 🌐 gifay.com
Gifay is operated by TIDYEN LLC, a Wyoming limited liability company.