Effective Date: July 5, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between Present Gifting LLC, a Texas limited liability company (hereinafter “PresentGifting.com,” “we,” “us,” or “our”), and you, the user (“Member,” “you,” or “your”). These Terms govern your access to and use of the PresentGifting.com platform and its associated services (collectively, the “Service”).
By accessing or using the Service, you confirm your acceptance of these Terms and agree to be bound by them. If you do not agree to these Terms, you may not access or use the Service.
1. Service Description
PresentGifting.com provides a members-only platform designed to help you remember important people and events, and for the management of personal and professional relationships through curated gift and experience transactions. The Service sends reminders via SMS and email, and facilitates the selection, purchase, and delivery of gifts.
2. Membership and Account
2.1. Eligibility
Membership is restricted to individuals and businesses that meet our qualification criteria, including but not limited to adherence to service standards. You must be at least 18 years of age to become a Member. By submitting personal information about a recipient under the age of 18, you represent that you are their parent or legal guardian or have received appropriate consent from the parent or guardian to provide this data for the purpose of event reminders and gift delivery.2.2. Account Creation
To access the Service, you must create a Member account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.2.3. Account Termination (Company Right)
PresentGifting.com reserves the right to suspend or terminate your account access at its sole discretion, including but not limited to, instances of policy abuse, violation of these Terms, or conduct detrimental to the Service’s integrity.3. Gifting Mechanics
3.1. Curated Selection
The Service offers a curated, rotating selection of gifts and experiences. Gift options are presented as recommendations based on collected Member and recipient profile data.3.2. Partnership for Fulfillment
PresentGifting.com partners with third-party providers for gift selection, acquisition, curation, marketing imagery, product descriptions, and outbound logistics. PresentGifting.com is responsible for managing these partnerships to ensure service quality.4. Payment and Billing
4.1. Payment Method
Members must provide a valid payment method on file to utilize the Service’s purchasing functionality.4.2. Transaction Processing
Purchases are processed instantly upon Member confirmation via the “hover-to-buy” interface.4.3. Pricing
Product pricing is determined by PresentGifting.com and its partners. No discounts or promotional offers are provided.5. Refund Policy and Service Integrity
5.1. No-Fault Refund
PresentGifting.com offers a “no questions asked” refund policy for gifts that do not meet Member or recipient expectations, subject to reasonable limits.5.2. Abuse Prevention
Excessive or systematic utilization of the refund policy, determined at PresentGifting.com’s sole discretion, constitutes abuse. Such abuse may result in the termination of Member account access as per Section 2.3.6. Data Collection and Privacy
6.1. Data Collection
By using the Service, you consent to the collection and processing of personal, transactional, behavioral, and relational data. This includes information about yourself, important people in your life (personal and professional relationships), important events, gift selections, monetary values, and transaction frequencies.6.2. Purpose of Data Collection
Collected data is used to provide personalized gift recommendations, enhance the Service.6.3. Privacy Policy Reference
or detailed information on data collection, use, storage, sharing, security, and your rights, please refer to our separate Privacy Policy.7. Intellectual Property
7.1. Service Content
All content, design, trademarks, service marks, and intellectual property on the PresentGifting.com platform are owned by PresentGifting.com or its licensors.7.2. Member Data
Member-provided data, once collected by PresentGifting.com, becomes part of PresentGifting.com’s proprietary dataset, subject to the terms of the Privacy Policy.8. Disclaimers and Limitation of Liability
8.1. Service “As Is”
The Service is provided on an “as is” and “as available” basis. PresentGifting.com makes no warranties, express or implied, regarding the Service’s availability, accuracy, or fitness for a particular purpose.8.2. Limitation of Liability
To the maximum extent permitted by law, PresentGifting.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in McLennan County, Texas.
10. Changes to Terms
PresentGifting.com reserves the right to modify these Terms at any time. We will notify you of significant changes through the Service or via email. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
11. Contact Information
For any questions regarding these Terms, please contact us at: PresentGifting LLC, 605 Austin Ave, Waco, TX 76701. Email: service@presentgifting.com