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Terms of Service

Overview

  • By using Gifthorse, you accept these terms of use, which we may update periodically.
  • Don't use Gifthorse for anything illegal or harmful.
  • Birthday gifts are not refundable.
  • Video messages on a Gifthorse are not private, because Gifthorses are designed to be shared with others.
  • Contact help@gifthorse.co with any questions or concerns.

Acceptance of the Terms of Use

These terms of use ("Agreement") are entered into by and between you and LeaveTV Inc. DBA Gifthorse, a Delaware Corporation, ("Gifthorse", "We", "Us", "Our"). The following terms and conditions govern your access to and use of (1) gifthorse.co including any content, functionality, and services offered on or through gifthorse.co ("the Website"), (2) your access, use, or purchase of the Gifthorse iOS or Android apps including any content, functionality, and services offered on or through them ("the App"), and (3) your access, use, or purchase of Gifthorse Services. The Website, the App, and Gifthorse Services are collectively referred to as the "Services".

Please read this Agreement carefully before you start to access, purchase, or use the Services. By accessing or using the Services, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated below. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are over the age of 18, have never been removed from the service, and whose registration and use is in compliance with all applicable laws. By accessing and using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND GIFTHORSE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

Changes to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We will notify you by contacting you through the email address you provide when accessing or registering for the Services of any material changes to this Agreement.

Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page to remain aware of any changes, as they are binding on you.

If you do not want to agree to, or do not meet all of the eligibility requirements of, future revisions of this Agreement or the Privacy Policy, you may cease accessing or using the Services, and may contact us at help@gifthorse.co to have your account(s) terminated.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with it.
  • Ensuring that anyone that uses our Services through your account, such as your employees, consultants or contractors ("Authorized Users") are aware of this Agreement and comply with it.

To access the Services or some of the accompanying resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you enter, or are provided with, an email address, user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your email address, user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your email address or account, user name, or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you exit from your account at the end of each session when accessing your account from a public or shared computer.

We have the right to disable any email address, user name, password, account, content, User Submissions, data or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of this Agreement.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Gifthorse, its licensors, Partners, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Content provided through Partners and made available through the Services is subject to the terms and policies of such Partners and are subject to change at the discretion of the Partners. Gifthorse reserves the rights to all User Submissions which you create and/or upload through the Services. Such User Submissions are discussed further below.

This Agreement permits you to use the Services. Except with express written permission from an Officer of Gifthorse, you must not reproduce, distribute, modify, interfere with the functionality of, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing, viewing, and using those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • You may download a single copy of our desktop and mobile App to your computer or mobile device solely for your own use.
  • You may take such actions as are enabled by our authorized Partners in using our Services.
  • You may publicly display materials such as screen captures for the purpose of positively promoting Gifthorse Services.

You must not:

  • Modify copies of any materials from this site, including User Submissions.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, including User Submissions.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Gifthorse. Any use of the Services not expressly permitted by this Agreement Use is a breach of this Agreement and may violate copyright, trademark, and other laws.

Trademarks

The Gifthorse name, the terms GIFTHORSE, the Gifthorse logo and all related names, logos, product and service names, designs, and slogans are trademarks of Gifthorse or its affiliates or licensors. You must not use such marks without the prior written permission of Gifthorse. All other names, logos, product and service names, designs, and slogans appearing on or accessible through these Services are the trademarks of their respective owners.

Acceptable and Prohibited Uses

We have a few rules on how our services can and cannot be used. These rules apply to all of Gifthorse’s services (the "Services") and to all our users.

You may use the Services only for lawful purposes and in accordance with this Agreement.

You agree to:

  • Use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password;
  • Keep your passwords and other login credentials for the Services confidential;
  • Monitor and control all activity conducted through your Gifthorse account; and
  • Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users') username, password, or account

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.
  • Create, upload or share User Submissions that you do not own or otherwise have the right to share or use;
  • To store or transmit any User Submissions that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, or publicity rights, or other applicable laws;
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate Gifthorse, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Gifthorse or users of the Services or expose them to liability.
  • To promote obscene content of any kind.
  • In any way that violates any terms or put user in violation of any of Gifthorse partners.

Additionally, you agree not to:

  • Sell, trade, or otherwise transfer any Services to another party;
  • Attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services or the Partners (including any mechanism used to restrict or control the functionality of the Services or the Partners) or any data from third parties (in other words, someone other than you, your Authorized Users or Gifthorse) contained in the Partners (except to the extent such restrictions are prohibited by applicable laws);
  • Attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Partners;
  • Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Partners;
  • Engage in any abusive practices that degrade the performance of the Services (or any part of the Services) for you or any of our other customers (for example, by tracking singular high-frequency terms such as "love", "yes", or "the" or other similar activities);
  • Use the Services for redistribution, syndication, or fraudulent activities
  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website is stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Allow or encourage any third party to do any of the above.

User Submissions

The Services may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") image, text, video, or other content or materials (collectively, "User Submissions") on or through the Services. All User Submissions must comply with the Content Standards set out in this Agreement. Any User Contribution you post on or through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Self-Service Services, you grant us and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns and third-parties of these Services a perpetual, royalty-free, worldwide license to host, use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties any such material. You also irrevocably grant to the visitors to and users of this Website, the App, and any other media platforms or Services, as well as our Partners, the right to access, host, user, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and share your User Submissions in connection with their visits to or use of this Website, the App, the Services, and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Submissions.

You can end this license any time by deleting your User Submissions or account. You should know that, for technical reasons, User Submissions you delete, as well as copies, modifications or derivative works thereof, may persist for a limited period of time in backup copies. In addition, User Submissions that you delete, as well as copies, modifications or derivative works thereof, may continue to appear if you have shared them elsewhere.

You represent and warrant that:

  • You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and Gifthorse users, and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Submissions do and will comply with this Agreement, including but not limited to the Content Standards.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Gifthorse, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Services. We may provide you with suggested User Submissions which we aggregate for your sharing. We are not responsible for the suggested User Submissions and make no representations and warranty as to their ownership and accuracy.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Self-Service for any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and hold harmless Gifthorse and its affiliates, licensees, and service providers from any claims resulting from any action taken by Gifthorse during, or taken as a consequence of, investigations by either Gifthorse or law enforcement authorities.

However, we cannot review all material before it is posted on or through the Services. Accordingly, we assume no liability for any action regarding transmissions, communications, or content provided by any user or third party.

Copyright Infringement

If you believe that any User Submissions violate your copyright, please send us a notice of copyright infringement. It is Gifthorse's policy to take reasonable actions to remove infringing content in a reasonable timeframe after such infringement is confirmed, as well as to terminate the user accounts of repeat infringers. We cannot and do not guarantee that all copies, versions, modifications or derivative works of a confirmed piece of infringing content can be removed from the Services simultaneously. If additional copies, versions, modifications or derivative works of a confirmed piece of infringing content are identified, the user should report each such piece of content individually for separate review.

Content Standards

These Content Standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, including but not limited to portraying any identifiable persons in a bad light or in a way that is otherwise offensive or objectionable.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Services is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Gifthorse Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Gifthorse, are solely the opinions and the responsibility of the person or entity providing those materials. This includes User Submissions suggested by Gifthorse. These materials do not necessarily reflect the opinion of Gifthorse. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Payments and Redemptions

All payments made through the Services including applicable fees are final and non-refundable. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method. Gifts are delivered via email to the recipient with a redemption link. Redemption links may expire after 1 year if unused.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Your Consent and Information about You and Your Use of the Services

All information we collect is subject to our Privacy Policy. By using the Self-Service Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website/Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, unless you have our expressed written consent to do so.

This Website, the App, and the Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send emails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
  • Establish a link from any website that is not owned by you.
  • Link to any part of the Website other than the homepage.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links to our Partners and any links in User Submissions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIFTHORSE NOR ANY PERSON ASSOCIATED WITH GIFTHORSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR CONTENT PROVIDED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH GIFTHORSE REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GIFTHORSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GIFTHORSE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, SHAREHOLDERS, INVESTORS, LENDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Gifthorse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, shareholders, investors, lenders, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Submissions, your violation of any Partner terms or policies, your violation of the Content Standards, any use of the Services' content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement.

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware and County of Delaware County, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution - Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GIFTHORSE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND GIFTHORSE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at help@gifthorse.co and you and Gifthorse will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “Binding Arbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration.

You and Gifthorse agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Gifthorse both agree to waive the right to a trial by jury.

Notwithstanding the foregoing, you may bring a claim against Gifthorse in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver.

You and Gifthorse agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Gifthorse both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Gifthorse agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution' section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).

Arbitration Process

A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of [California] and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure.

Unless you and Gifthorse agree otherwise, the seat of the arbitration shall be in New York, New York. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Gifthorse submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator's Decision and Governing Law.

The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.

Fees

Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Except for the “Class Action Waiver”, if any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

This Terms of Service and Privacy Policy constitute the sole and entire agreement between you and Gifthorse regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Privacy Policy

Gifthorse respects your privacy and we are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website gifthorse.co (our "Website"), when you purchase, download, install, register with, access, or use the GIFTHORSE APP (the "App"), or when you use any Services made available through Gifthorse (the "Platforms". We collectively refer to the Website, App, and Platforms as the "Services".), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website, on this App, or through these Services.
  • In email, text, and other electronic messages sent through or in connection with this Website, this App, or these Services.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

It DOES NOT apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Gifthorse or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible through our Services. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, not to download, register with, or use this App, and not to use our Platforms. By accessing or using this Website, by registering with, or using this App, or by using these Platforms, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

These Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@gifthorse.co.

Personal information is information relating to an identified or identifiable natural person. An identifiable natural person is an individual that can be identified, directly or indirectly, be referenced to an identifier such as: a name, an identification number, specific location data, an online identifier, or other attributes specific to that natural person. Personal information does not include information that has been anonymized or aggregated in such a way that it can no longer be used to identify a specific natural person, whether on its own or in combination with other information.

We collect personal information from and about users of our Services both directly from you, when you provide it to us, and automatically, when you use the Services. This includes information provided at the time of registering to use the App and/or subscribing to our Services, posting material, and requesting further services. We may also ask you for information when you report a problem with our Services or when you provide us with feedback or reach out with questions.

You may also provide video and other content through our Services (collectively, "User Contributions"). Your User Contributions may, but not necessarily, contain personal information. Your User Contributions are Posted and transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

We use your personal information to identify you when you login to your account, enable us to operate the Services and provide them to you, improve the Services we provide to you, process payments and disbursements, communicate with you, and maintain the security of our Services through authentication.

We process personal information from you where we have your consent to do so, we need the personal information to perform a contract with you (e.g., to deliver the Services you have requested), or the processing is in our legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms). In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person. Where we rely on your consent to process personal information, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal. If we ask you to provide personal information to comply with a legal requirement we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interest which are not already described in this notice, we will make clear to you at the relevant time what those legitimate interests are.

When you download, access, and use our Services, we may use technology to automatically collect:

  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, mobile device ID, mobile device type, mobile device model, mobile device operating system version, device’s location, device’s time zone, and the device’s telephone number. Specifically, we automatically collect your IP address for security purposes.
  • Location Information. We automatically collect information regarding the time zone in which you and your mobile device is located.
  • Usage Details. When you access and use our Services, we may automatically collect certain details of your access and use, including account activity, creation of User Contributions, publishing of User Contributions, impressions, actions taken on certain content, invitations you send to others to use the Services; traffic data; logs, attributes indicating level of usage or user properties, and other communication data and resources that you access and use on or through our Services.
  • Third Party Profile and Page Data. When you Authorize us to access your Profile or Page Data on third-party applications, we automatically collect meta data, post data, follower data, and related analytics collected and tracked by third-party applications.
  • Stored Information and Files. We may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

If you do not want us to collect this information, do not authorize third-party applications, do not register with, access, or download our Services, and delete the App from your device. We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking) such as the usage details outlined above. If you do not want your behavior and usage details tracked, do not authorize third-party applications, do not register with, access, or download our Services, and delete the App from your device.

We do not sell your personal information to third parties. We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information or usage details that we collect or you provide:

  • To our subsidiaries and affiliates: To contractors, service providers, and other third parties we use to support our business. Specifically, we currently share with or collect personal information and/or usage details from various service providers. You may contact each service provider directly to remove or update your personal information. For more information on each service provider’s privacy policy and its compliance with GDPR, please contact us for an up-to-date list of service providers.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Gifthorse's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Gifthorse about our Service users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to refer friends via email, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gifthorse, our customers, or others.

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). Certain identifying information is encrypted and stored in your session cookies in your browser. A cookie is a small file placed on your smartphone or other computer device. Use of cookies allows us to remember users across sessions. It may be possible to refuse to accept cookies by activating the appropriate setting on mobile or other computer device. However, if you select this setting you may be unable to access certain parts of our Services.
  • Web Beacons. Pages of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Gifthorse, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
  • Third-Party Information Collection. When you use our Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include advertisers, ad networks, and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, and your Internet service provider.

These third parties may use tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Your Choices About Our Collection, Use, and Disclosure of Your Information. We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

Collection and Removal of Personal Information. You can choose not to provide your personal information when using our Services, but this may prevent you from being able to take full advantage of the functions available online and it may prevent us from being able to provide you with our Services.

Upon request we will provide you with information about whether we hold any of your personal information. To request this information please contact us at privacy@gifthorse.co. If requested to remove data we will respond within a reasonable timeframe. Please see the section of this Privacy Policy entitled Disclosure of Your Information for more information regarding access to, correction of, or deletion of personal information held by contractors, service providers, and other third parties we use to support our business.

You may access, correct, request deletion or request a copy of any or all of your personal information in our possession by emailing us at privacy@gifthorse.co. We will respond within a reasonable timeframe. If we must incur expenses to comply with your request, we may charge you a reasonable fee to cover these expenses if permitted by law. If you believe any of the personal information is we have collected from you is inaccurate, you can email privacy@gifthorse.co with a request to update this information. We will honor your requests within reasonable timeframe.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of our Services may then be inaccessible or not function properly.

Promotion by Gifthorse. If you do not want email promotions for our own or third parties' products and services, you can opt-out of our promotional emails and newsletter by unsubscribing or clicking on an opt-out link within an email you receive. You can also always opt-out by logging into your account and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email to to privacy@gifthorse.co.

Disclosure of Your Information. If you do not want us to share your personal information with the third parties we use to support our services to you, please do not register with, access, use, or download our Services. Our services to you depend on other services provided by third parties. Please see the section of this Privacy Policy entitled Disclosure of Your Information for more information regarding access to, correction of, or deletion of personal information held by contractors, service providers, and other third parties we use to support our business.

Targeted Advertising by Gifthorse. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, send us an email to to privacy@gifthorse.co to discuss the options.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ( "NAI") on the NAI’s website.

Accessing, Correcting Your Personal Information. We retain your personal information for as long as necessary to provide you with our Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, or enforcing our Terms. As discussed above, you may send us an email at privacy@gifthorse.co to request access to, correct, or delete any personal information that you have provided to us. We will honor your requests within reasonable timeframe. As discussed above, you may contact our third-party service providers directly to remove or update your personal information in the possession of such third-party service providers.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Copies of your User Contributions may also remain viewable and accessible on third party websites. Proper access and use of information provided through our Services, including User Contributions, is governed by our Terms.

Personal Data Transferred From the EU to the United States: Gifthorse complies with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union (the “EU”) member countries and Switzerland. Gifthorse has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, Purpose Limitation, Access, Recourse, Enforcement, and Liability. A violation of our commitment to Privacy Shield may be investigated by the Federal Trade Commission and/or the United States Department of Commerce. If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, to the extent available, please visit privacyshield.gov. In compliance with the Privacy Shield Principles, Gifthorse commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Privacy Policy should first contact us via email at: privacy@gifthorse.co.

Gifthorse has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint. These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, Gifthorse is potentially liable.

Your California Privacy Rights. California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@gifthorse.co.

Data Security. We take all reasonable steps to protect information we receive from you from loss, misuse or unauthorized access, disclosure, alteration, and/or destruction to the best of our knowledge and ability. We have put in place appropriate measures to safeguard and secure your information, and we make use of privacy-enhancing technologies such as encryption. If you have any questions about the security of your personal information, you can contact us at privacy@gifthorse.co.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas accessed through our Services like chat interfaces. The information you share in public areas may be viewed by any user of the App. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy. We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you by email to the email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information. To ask questions or comment about this privacy policy and our privacy practices, contact us at privacy@gifthorse.co.

Your Comments and Concerns

This website is operated by LeaveTV Inc. DBA Gifthorse, a Delaware Corporation. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: help@gifthorse.co.