Terms & Conditions

Last Updated: June 17, 2024

Welcome to Givy, an innovative gifting e-commerce platform that enables users to easily discover and send trendy gifts in a hassle-free manner within the US. These Terms and Conditions (“Terms”) govern your use of the Givy mobile application (“App”) and any related services provided by Givy (“Services”). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App or Services.

1. Definitions

  • "User" or "You": Any individual or entity accessing or using the App.
  • "Givy" or "We": The e-commerce platform and its parent company.
  • "Services": All features, functionalities, applications, information, and other services provided via the App.
  • "Content": All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials accessible through the App.

2. Eligibility

You must be at least 18 years old and capable of entering into a binding agreement to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

  • 3.1. To access certain features of the App, you may need to register for an account.
  • 3.2. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
  • 3.3. You are responsible for safeguarding your account password and for all activities that occur under your account.
  • 3.4. You agree to notify Givy immediately of any unauthorized use of your account or any other breach of security.

4. Use of the App

  • 4.1. Givy grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.
  • 4.2. You agree not to use the App for any unlawful or prohibited purpose, including but not limited to:
    • Violating any local, state, national, or international law.
    • Engaging in any activity that exploits, harms, or threatens to harm minors.
    • Transmitting any unauthorized advertising, promotional materials, or spam.
    • Engaging in any activity that could disable, overburden, or impair the App.

5. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. Purchases and Payment

We accept the following forms of payment:

  • Discover
  • American Express
  • Mastercard
  • Visa
  • Apple Pay
  • PayPal
  • Affirm
  • Afterpay/Clearpay
  • Klarna
  • Google Pay
  • Link
  • Cash App Pay


You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Shipping and Delivery

  • 7.1. Givy will arrange for the shipment of the products to you. Title and risk of loss and damage pass to you upon our delivery to the carrier.
  • 7.2. Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

8. Returns and Refunds

  • 8.1. If you are not satisfied with a purchase, you may return the product in accordance with our return policy.
  • 8.2. Please review our Return Policy, which governs your right to return products and receive refunds.

9. User Content

  • 9.1. You may be able to create, post, or share content, such as reviews, comments, and other materials (“User Content”).
  • 9.2. You retain any rights you may have in the User Content you post, but you grant Givy a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with the App and our business.

10. Prohibited Activities

You agree not to:

  • 10.1. Use the App for any illegal purpose or in violation of any local, state, national, or international law.
  • 10.2. Violate or encourage others to violate the rights of third parties, including intellectual property rights.
  • 10.3. Post or distribute any User Content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable.
  • 10.4. Interfere with the security or operation of the App.

11. Intellectual Property

  • 11.1. The App and its original content, features, and functionality are and will remain the exclusive property of Givy and its licensors.
  • 11.2. The trademarks, logos, and service marks displayed on the App are the property of Givy or other third parties. You are not permitted to use these marks without the prior written consent of Givy or the third party that owns the mark.

12. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis. Givy makes no warranties, expressed or implied, regarding the App or any content therein, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the App will be uninterrupted or error-free.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Givy will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the App;
  • Any unauthorized access to or use of our servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from the App;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party;
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.

14. Indemnification

You agree to defend, indemnify, and hold harmless Givy and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the App;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right;
  • Your breach of any applicable laws, regulations, or ethical standards.

15. Governing Law and Dispute Resolution

  • 15.1. These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
  • 15.2. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one or more commercial arbitrators with substantial experience in resolving intellectual property and commercial contract disputes.

16. Changes to Terms

Givy reserves the right to modify or replace these Terms at any time without prior notice. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.

17. Miscellaneous

  • 17.1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • 17.2. These Terms constitute the entire agreement between you and Givy regarding the App and supersede all prior agreements and understandings, whether written or oral, regarding the App.
  • 17.3. The failure of Givy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. Mobile Application License

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

  • Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
  • Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
  • Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
  • Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  • Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
  • Use the App to send automated queries to any website or to send any unsolicited commercial email;
  • Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services:

  • The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
  • We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
  • You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties;
  • You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the App; and
  • You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

20. Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms;
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

21. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

22. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL 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, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

23. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

24. Contact Information

If you have any questions about these Terms, please contact us at hello@givyapp.com