Terms of Service

1. This agreement

These terms, the key terms above, and our Privacy Policy at giftafari.com/privacy form the agreement between you and BrainGrid. By creating an account or using Giftafari, you accept them. If you do not agree, do not use Giftafari.

If you use Giftafari for an organization or on behalf of another person, you confirm that you have permission to accept these terms for them.

2. Your account

To create an account, you must be at least 18 and old enough to enter a binding contract where you live. Children can still have lists. A parent or guardian adds them to a group, and the child never needs an account.

You can sign in with an email link, Google, or Apple. Keep your account details accurate and protect access to your email and sign-in providers, because anyone who controls them can reach your account. You are responsible for activity through your account. Tell us at legal@braingrid.ai if you suspect someone else is using it.

3. Groups, people, and lists

Groups let a family or circle of friends share lists. Group owners decide who joins, and every member can see the lists shared with that group.

You can add people who do not have their own account, such as a baby or a grandparent. Only add someone when you have a reasonable basis to do so, and only add a child when you are their parent or guardian. Remove a person’s details when they or their guardian ask you to.

Anyone who has a shared list link can view that list. Share links only with people you trust with what the list contains.

4. Gift claims and surprises

A gift claim coordinates intent between buyers. It does not reserve, purchase, pay for, ship, insure, or guarantee a product. You buy gifts directly from merchants under their terms, and you are responsible for your purchases, deliveries, and returns.

Giftafari hides claims from the recipient of a list. We cannot control what group members say to each other or show on their screens, so we cannot promise that a surprise stays a surprise.

5. Your content

You keep ownership of the gifts, lists, notes, and other content you add. You give BrainGrid a worldwide, non-exclusive, royalty-free license to host, copy, display, process, and share your content with the people you choose, only as needed to run, secure, and improve Giftafari. That license ends when you delete the content, except for copies kept in backups for a limited time, content other members already received, and anything we must keep by law.

You confirm that you have the right to add your content and that it does not break the law or infringe anyone’s rights. If you send us feedback or ideas, we may use them without owing you anything.

6. Acceptable use

Do not misuse Giftafari or help anyone else do so.

• Do not access accounts, groups, lists, or data without permission.
• Do not harass, threaten, impersonate, or invade the privacy of anyone.
• Do not add content that is unlawful, deceptive, hateful, sexually explicit, or infringing.
• Do not use Giftafari for fraud, spam, advertising, or link farming.
• Do not upload harmful code, probe or test our security, or interfere with the service.
• Do not scrape, crawl, copy, resell, or reverse engineer Giftafari or its data without written permission.
• Do not collect other people’s personal information from Giftafari.

7. Third-party services

Giftafari shows gift links, titles, images, and prices that come from merchants and other websites. Those details can be wrong or out of date, and merchants control their products, prices, availability, and policies. We do not sell products and are not responsible for third-party websites or transactions.

Some merchant links may earn Giftafari a commission when someone buys through them. A commission never changes the price you pay.

If you connect an AI assistant or another app to Giftafari, that app acts on your instructions and its provider’s terms and privacy policy apply to it. Assistants can make mistakes, so check what they add or change before you rely on it.

8. Our service

BrainGrid owns Giftafari, including its software, design, and brand. We give you a personal, non-transferable, revocable license to use Giftafari for non-commercial gift planning under these terms. You may not use our name, logo, or trademarks without written permission.

9. Changes, suspension, and ending

You can stop using Giftafari at any time. Account settings lets you export your data and close your account. If you own a group with collaborators, transfer ownership first. You may also write to legal@braingrid.ai for help.

We may add, change, or remove features as Giftafari develops. We may suspend or end your access if you break these terms, if your use creates risk for other people or for Giftafari, or if the law requires it. Where it is reasonable, we will tell you why and give you a chance to export your content first.

Sections 5 and 10 through 15 survive after your access ends.

10. Disclaimers

Some places do not allow these disclaimers, so parts of this section may not apply to you.

Giftafari is provided “as is” and “as available.” To the fullest extent the law allows, BrainGrid disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that Giftafari will be uninterrupted, error-free, or secure, or that product details from merchants or assistants are accurate.

11. Limitation of liability

Nothing in these terms limits liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or anything else that cannot be limited by law.

To the fullest extent the law allows, BrainGrid will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill, even if we were told they were possible. BrainGrid’s total liability for all claims relating to Giftafari will not exceed the greater of US$100 or the amounts you paid us in the 12 months before the event giving rise to the claim.

12. Your responsibility for claims

To the extent the law allows, you will defend and compensate BrainGrid for third-party claims, losses, and reasonable legal fees that arise from your content or your breach of these terms. We will tell you promptly about any such claim and let you take part in its defense.

13. Resolving disputes

Before starting any formal proceeding, write to legal@braingrid.ai with a description of the dispute and give us 60 days to try to resolve it informally. Most concerns end there.

If we cannot resolve it, you and BrainGrid agree to resolve the dispute by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, held by videoconference. Either of us may instead bring an individual claim in small claims court, and either of us may ask a court to stop infringement or misuse of intellectual property.

You and BrainGrid may bring claims only individually, not as a plaintiff or class member in any class, collective, or representative action.

You can opt out of arbitration by emailing legal@braingrid.ai within 30 days of first accepting these terms. If you opt out, or if arbitration does not apply, disputes go to the state or federal courts in Delaware.

Delaware law governs these terms, without regard to its conflict-of-law rules. If you live in the European Economic Area, the United Kingdom, or another place that gives consumers mandatory protections, you keep those protections and may bring claims in your local courts.

14. Changes to these terms

We may update these terms as Giftafari changes. We will post the new version here with a new effective date. For material changes, we will also tell you by email or in the product before they take effect. If you keep using Giftafari after that, the updated terms apply. If you do not agree, stop using Giftafari and ask us to delete your account.

15. General terms

You agree to receive notices from us electronically, including by email to the address on your account. Notices to us go to the address in the key terms.

If a court finds part of these terms unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not transfer these terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets. Neither of us is liable for delays caused by events outside our reasonable control. You must follow applicable export and sanctions laws when using Giftafari.

These terms are the entire agreement between you and BrainGrid about Giftafari and replace any earlier agreement on the same subject.

16. Contact

Send questions about these terms to legal@braingrid.ai, or write to BrainGrid AI, Inc., 1111B S Governors Ave STE 29316, Dover, DE 19904, USA.