Terms

Who you’re dealing with

These Terms are between you and Ringfence Industrial Limited (“we”, “us”), a company in New Zealand, trading as Giftivus. They cover the Giftivus app and the Giftivus website.

You buy a paid plan from Paddle, our reseller (see “Plans and payment”). Paddle’s buyer terms apply to your purchase too.

By signing up, you agree to these Terms and to our Privacy page. If you don’t agree, please don’t use Giftivus.

Your account

• You must be 16 or over. When you sign up, you tick a box to say so. We don’t ask for a date of birth or ID. If we learn an account belongs to someone younger than 16, we’ll close it and delete its information.
• Give true details, and keep your sign-in to yourself. You are responsible for what happens in your account.
• One person per account. A Family plan gives each person their own account.
• Personal use only. Giftivus is for planning gifts for the people in your own life. You may not use it for a business, a charity, a shop, or any work for other people.
• Closing your account. You can close your account in Settings, under Close account. Within 30 days, sign in again to reopen it. After 30 days, it is deleted for good. Closing an account that has a paid plan is covered under “Cancelling” below. Our Privacy page says more about what we keep.

Your content, and other people’s information

• It’s yours. What you add to Giftivus (your People, dates, gift ideas, Gifts, Plans, wish lists and notes) stays yours. We don’t own it.
• What you let us do. You give us a licence to store it, back it up, process it to run Giftivus’s features, and show it to the people you choose: the people who hold a Share Link you made, your Connections you shared a list with, and the people you plan with. The licence is worldwide and has no fee. It ends when you delete the content or your account (backups age out, as the Privacy page says). We don’t use your content to train anything, and we don’t use it in our marketing.
• Other people. You may add details about other people only to plan gifts for them. Add only what you’d be comfortable with that person seeing. Our Privacy page explains how we treat what you write about them.
• No sensitive details. Please don’t add health details. Sensory Notes are gift preferences, like how something smells or feels. They are not for medical details. Please don’t add a home address, or a tracking number, for someone who hasn’t agreed.
• Share Links. Anyone who has a Share Link can view that wish list. Only share it with people you trust. You can turn a link off any time, and it stops working. Someone who already saw the list may still remember what was on it.
• You promise you have the right to add what you add, and that it doesn’t break the law or another person’s rights.

Acceptable use

Please don’t:

• use Giftivus for business, or for anything other than your own gift planning;
• collect other people’s addresses, or track or locate someone, unless they have agreed;
• harass, stalk, threaten or embarrass anyone, or try to find or follow someone through Giftivus;
• use Giftivus for anything illegal, or to store or share illegal content;
• pretend to be someone else;
• scrape or copy Giftivus’s data, or try to guess Share Links;
• send invites to people who wouldn’t expect them, or send the same invite again and again (no spam);
• try to break, overload or get around how Giftivus works, including its limits, or make extra accounts to get around a limit;
• resell Giftivus or give your sign-in to someone else.

Reporting a problem

If you see content or behaviour that breaks these Terms, or that you think is illegal, tell us what you saw and where, using the contact details on our Privacy page. Send us the Share Link or the name of the account if you can.

• What we may do. We may remove content or switch off a Share Link. We may suspend or close an account that breaks these Terms.
• What we’ll tell you. If we remove something of yours, or limit your account, we’ll tell you what we did and why, unless the law stops us or it is urgent. We’ll tell you how to answer.
• If you disagree, write to us using the contact details on our Privacy page. A person will look again, and we’ll answer within 20 working days.

Plans and payment

• Free is permanent. There’s no trial and no clock.
• Prices are in US dollars, plus sales tax where applicable. Paddle works out the tax at checkout. Where the law says tax is included in the price, it is.
• Paddle is our reseller. Paddle is the “merchant of record”: you buy your plan from Paddle. Paddle takes your payment, collects and pays the tax, and sends you your receipt and billing emails. Paddle’s buyer terms apply to your purchase. If there is a conflict on payment, tax or Paddle’s refund process, Paddle’s terms win for that point. We never see your card.
• Paid up front, and renews. Pro and Family are billed a year in advance. They renew every year, for another year at the price then in force, until you cancel. Before you pay, you tick a box to agree to this, and we keep a record of that for 3 years.
• Renewal reminder. Paddle emails you before a renewal, where its rules say it must, normally 30 days before. Check your Plan page for your renewal date and the amount at any time.
• Price changes. If we change a price, we’ll tell you at least 30 days before it applies to you. It applies from your next renewal, never in the middle of a year you have paid for. If you don’t want it, cancel before the renewal.
• Going from Pro to Family. You can switch in Settings. Family starts at once. You pay the difference for the rest of your year, worked out by the day, and we show you the amount first.
• If a payment fails, Paddle tries again and emails you. Your plan stays on while it tries. If the payment still fails, the plan ends and your account moves to Free.
• Nothing is lost. If you go over a limit, or your plan ends, nothing you saved is hidden, locked or deleted. Only new additions that need a paid plan will ask for one.

Cancelling

Cancel any time in Settings, under Plan. It takes one step. Your plan stops renewing, and carries on until the end of the year you’ve paid for. Then your account moves to Free. You can change your mind before that date and keep your plan.

If you close your account, the renewal is cancelled in the same way. Your plan runs to the end of the year you paid for, and we don’t refund the rest of the year, unless the law says we must.

Refunds

Our Refunds page has the full detail. In short: we refund in full if Giftivus fails you, and we don’t refund part-years otherwise. This is in addition to your legal rights. Nothing on the Refunds page or in these Terms takes away a right the law gives you.

Family plans

• The owner is the person who pays. They can invite up to 5 people, which makes up to 6 accounts with the owner, and they can remove a member at any time.
• Invites go by email, and the person has to accept. An invite doesn’t need Pro, and costs the person nothing.
• Members each have their own account, with Pro while they are in the Family. They pay nothing.
• What the owner can see. Who is in the Family, and each member’s seat. The owner can’t see any member’s People, Gifts, Plans or wish lists. Members can’t see each other’s either.
• Age. The owner promises that everyone they invite is 16 or over. Each member also ticks the sign-up box.
• Leaving. A member can leave any time. A member who leaves, or is removed, keeps everything they saved and moves to Free, or back to their own Pro if it is still running.
• If the owner cancels, the Family runs to the end of the year the owner paid for. Then every member moves to Free, or back to their own Pro if it is still running.
• If you already have Pro and join a Family, your own renewal is cancelled at its next date, and we don’t refund the rest of your year. If you leave the Family before that date, your own Pro carries on as before. If you are still in the Family on that date, it doesn’t renew.

Connections and Plans

• Connections. When someone accepts your Connection Request, you are connected, and it works both ways. A Connection sees only the wish lists you ticked under “Share with”. Either of you can end a Connection at any time, and it ends for both.
• Plans. You can plan an occasion with people you are connected to. They see the Gifts in that Plan, except Gifts given to them. A Co-giver sees the Gift they share. If the person who made a Plan leaves, the longest-standing Collaborator takes over.
• What stays. If a Connection ends, you keep the Contact and the Gifts you tracked. An accepted seat in a Plan stays.
• Your choices about others. You decide who you invite and who you share with. Please don’t invite someone who wouldn’t expect it.

Emails

Our Privacy page lists every email we send. We send no marketing, upgrade or seasonal emails.

• Invites (Connection Requests, Plan invites and Family invites) are sent on your behalf, because you asked us to. You promise that you know the person, and that they’d expect it. Every invite has an unsubscribe link. If the person unsubscribes, we won’t send them another invite.
• A note before a date is on by default. You can turn it off in Settings.
• Paddle’s emails about your payments come separately, under Paddle’s name.

Availability and changes

• How we run Giftivus. We provide Giftivus with reasonable care and skill. We work to keep it running and your data safe, but we can’t promise it will never be unavailable or free of faults. We’ll fix faults in a reasonable time.
• Changes to Giftivus. We may add, change or remove features. If we change what a paid plan includes in a way that makes it worse for you, we’ll tell you at least 30 days before, and the change starts from your next renewal. If you don’t want it, you can cancel, and if the change starts before the end of the year you paid for, we’ll refund the unused part of that year.
• Planned downtime. We’ll try to tell you in the app first.
• Things we don’t control. Shop links and websites you add to a Gift or wish list belong to other people. We’re not responsible for them or for what you buy there.

Suspension and closure

• By you. You can leave any time. See “Cancelling” and “Your account”.
• By us. We may suspend or close your account if you break these Terms, if the law says we must, or to protect people from harm. We’ll tell you why, and how to answer, before we do it, unless the law stops us or it is urgent.
• Your money. If we close a paid account for breaking these Terms, we don’t refund the rest of the year, unless the law says we must. If we close or end your paid plan for any other reason, we refund the unused part of the year.
• Getting your data. If we can, we’ll let you export your data before we close an account.

Our liability

We take care of Giftivus, but it is a gift-planning tool, not a promise that your gifts will arrive or that your plans will work out.

To the extent the law allows:

• we aren’t liable for indirect loss, such as a missed date, a gift that arrives late, or a plan that goes wrong;
• our total liability to you for all claims about Giftivus is limited to what you paid us in the 12 months before the claim.

None of this limits:

• liability for death or personal injury caused by our negligence;
• liability for fraud or fraudulent misrepresentation;
• any right you have under consumer law that the law doesn’t let us limit. For example, the New Zealand Consumer Guarantees Act, the UK Consumer Rights Act, the Australian Consumer Law and the consumer law of the EU. These give you rights to a service supplied with reasonable care and skill, and to a remedy when it isn’t.

We don’t say Giftivus is supplied “as is” to consumers, and we don’t exclude the guarantees the law gives you.

Your legal rights

Nothing in these Terms, or on our Refunds page, takes away a right you have under the law where you live and can’t give up. If the law gives you a right that is better for you than something here, you keep that right. If part of these Terms isn’t allowed where you live, that part doesn’t apply to you, and the rest still does.

Governing law

New Zealand law governs these Terms. If you are a consumer, you also keep the protection of the mandatory laws of the place where you live, and you can bring a claim in the courts where you live. We don’t make you go to a New Zealand court. If we need to bring a claim against you as a consumer, we’ll do it where the law says we can.

If you have a complaint, write to us first. We’ll answer within 20 working days. This doesn’t stop you going to a regulator or a court.

Changes to these Terms

If we change these Terms in a way that matters, we’ll tell you in the app at least 30 days before the change starts, so you can cancel if you don’t agree. The date at the top is the version you’re reading. If you carry on using Giftivus after the change starts, you accept it.

Billing questions

Paddle handles billing as the merchant of record. For billing questions, go to paddle.net or reply to your Paddle receipt.