v2026.02.28 Giftpack provides a platform and related services that help businesses and users manage incentive, gifting, rewards, sourcing, recipient engagement, fulfillment coordination, impact allocation, and related operational workflows. These Terms of Service (the "Terms") govern access to Giftpack's website, platform, and related public-facing services unless a separate written agreement, order form, campaign proposal, statement of work, or other commercial agreement applies. By accessing or using the site or services, creating an account, approving a proposal, submitting recipient data, or paying an invoice, you agree to these Terms, the Privacy Policy, and, where applicable, the Giftpack Data Processing Addendum.
You may access and use the site and services only for lawful business purposes and in accordance with these Terms. You may not misuse the site, attempt to interfere with its operation, circumvent security measures, introduce malicious code, infringe the rights of others, or use the services in a manner that is fraudulent, unlawful, deceptive, or harmful to Giftpack, customers, recipients, suppliers, charities, beneficiaries, partners, or platform operations.
If Giftpack provides account credentials, you are responsible for maintaining their confidentiality and for all activities that occur under your account. You must promptly notify Giftpack of any unauthorized access, suspected compromise, or misuse. Giftpack may suspend or restrict access where reasonably necessary to protect the platform, investigate suspected fraud or misuse, comply with law, or prevent harm.
As between you and Giftpack, you retain ownership of the data, content, branding, recipient information, campaign materials, artwork, messages, addresses, instructions, and other materials you or your users provide to Giftpack in connection with the services ("Customer Materials"). You grant Giftpack a limited, non-exclusive, worldwide license to host, use, process, reproduce, transmit, display, and disclose Customer Materials only as reasonably necessary to provide, maintain, support, secure, and improve the services, fulfill transactions, coordinate recipients, suppliers, logistics providers, and beneficiaries, and comply with applicable law.
You represent that you have all rights, permissions, approvals, notices, and lawful bases required to provide Customer Materials to Giftpack and authorize Giftpack to use them as contemplated by the services. If you provide suggestions, enhancement requests, recommendations, or other feedback, Giftpack may use that feedback without obligation to you, provided that Giftpack will not use your confidential information except as permitted under applicable agreements, the Privacy Policy, or applicable law.
Giftpack and its licensors retain all right, title, and interest in and to the site, platform, software, workflows, documentation, branding, algorithms, automation, AI-enabled tools, integrations, configurations, templates, and related intellectual property, including improvements or derivative works created by or for Giftpack. These Terms do not transfer ownership rights in Giftpack intellectual property. Except as expressly permitted, you may not copy, modify, reverse engineer, distribute, resell, or create derivative works from the site or services.
You retain ownership of your trademarks, logos, brand assets, and Customer Materials. Where necessary to provide the services, you grant Giftpack a limited license to use those materials in connection with campaign setup, recipient communications, reporting, fulfillment coordination, impact allocation, and related service delivery.
Giftpack provides a platform and related services that support incentive workflows, gifting and rewards programs, sourcing, procurement coordination, production management, quality-control coordination, recipient management, logistics coordination, integrations, automation, and related operational support. Giftpack may coordinate third-party suppliers, manufacturers, warehouses, payment providers, logistics providers, charities, and service partners as part of service delivery.
Unless a separate written agreement or approved campaign proposal expressly states otherwise, Giftpack acts as a procurement, sourcing, production-management, quality-control coordination, fulfillment coordination, and logistics coordination provider. Giftpack is not the original manufacturer, importer of record, customs broker, tax advisor, carrier, or seller of record for physical goods unless the applicable order expressly states that Giftpack assumes that role.
Giftpack may provide proposals, quotes, design materials, order summaries, invoices, checkout links, or other campaign documents ("Campaign Proposals"). A Campaign Proposal becomes binding when accepted by signature, email approval, purchase order, platform approval, payment of an invoice or deposit, Stripe payment link, or other written instruction that reasonably indicates approval to proceed. Once accepted, the Campaign Proposal becomes a "Campaign Order." No separate campaign-level signature is required unless the Campaign Proposal expressly states that signature is required.
Purchase orders and procurement portal terms are for administrative convenience only. Giftpack rejects any pre-printed, click-through, linked, or attached PO terms that add to, conflict with, or modify these Terms, a signed agreement, or the applicable Campaign Proposal unless Giftpack expressly accepts those terms in a signed writing.
You are responsible for reviewing and approving campaign instructions, budgets, recipients, eligibility rules, artwork, logos, specifications, personalization rules, quantities, shipping destinations, delivery windows, and any pre-production samples. Once you approve a Campaign Proposal or sample, Giftpack may place supplier, factory, logistics, or other third-party commitments. After such commitments are placed, cancellations and changes may be limited and you are responsible for committed costs, supplier charges, logistics charges, payment processing fees, and reasonable administrative costs incurred in reliance on your approval.
Delivery dates are estimates unless expressly labeled guaranteed in a signed agreement or accepted Campaign Proposal. Giftpack may provide reasonable coordination support in the event of delivery issues, but Giftpack is not responsible for delays, failed deliveries, losses, or damage caused by inaccurate recipient information, customs issues, recipient unavailability, carrier disruptions, force majeure events, supplier delays outside Giftpack's reasonable control, or third-party logistics failures, except to the extent directly caused by Giftpack's breach of its obligations.
You are responsible for ensuring that you have the rights, permissions, notices, and lawful basis required to provide recipient, employee, user, donor, purchaser, shipping, or other personal data to Giftpack. You are also responsible for your campaign instructions, selections, approvals, and compliance with your own internal policies and applicable law.
Giftpack processes personal data in accordance with applicable privacy laws, the Privacy Policy, and the Giftpack Data Processing Addendum ("DPA") where applicable. If you submit personal data to Giftpack on behalf of an organization, or if Giftpack processes personal data for you as a processor, service provider, contractor, or similar role, the DPA located at https://giftpack.ai/dpa/ applies unless a separately signed data processing agreement supersedes it.
Depending on the context and applicable law, you may act as the controller or business for recipient and campaign data you provide, and Giftpack may process such data on your behalf as a processor, service provider, contractor, or similar role. Giftpack may also process certain personal data for platform security, service operations, fraud prevention, analytics, legal compliance, and service improvement where Giftpack has its own legal basis or obligations.
Certain services may be offered through subscriptions, prepaid credits, invoicing, checkout links, Campaign Orders, or other commercial arrangements. Unless otherwise stated in a separate written agreement, Giftpack credits are prepaid, non-cash, contractual service credits that may be used only for eligible Giftpack services. Credits are not cash, deposits, gift cards, stored value, e-money, securities, or banked funds.
Unless a separate written agreement states otherwise, credits expire twelve (12) months after Giftpack receives cleared funds for the applicable credit purchase. If you purchase additional credits of more than USD 1 before the expiration of an unexpired credit balance, the then-unexpired credit balance will be extended for another twelve (12) months from the date Giftpack receives cleared funds for the additional purchase.
Credits are irrevocable and non-refundable once purchased, regardless of use, expiration, account status, cancellation, or termination, except to the extent a refund is expressly required by non-waivable applicable law. Credits may not be redeemed for cash, transferred outside the account, or used for unauthorized purposes.
Giftpack may suspend or limit access to services for material nonpayment, charge reversals, chargebacks, or billing-related fraud risk, subject to any separate written agreement that applies.
Giftpack may support recipient-directed donation, impact allocation, charitable remittance, customer credit allocation, or similar features ("Impact Features"). Impact Features allow an eligible gift budget, campaign amount, or purchase-related amount to be allocated according to the applicable workflow, campaign settings, or written agreement.
For self-serve or platform-enabled recipient-directed donation options, Giftpack may retain a donation processing service fee equal to five percent (5%) of the donation amount unless a different fee is disclosed in the checkout, campaign settings, order form, proposal, or written agreement. The remaining amount will be processed or remitted after cleared funds, failed payments, returns, refunds, chargebacks, currency conversion, and reconciliation.
Customer credits, rebates, promotional allocations, or platform balances are commercial credits and are not charitable donations. Giftpack does not provide tax, accounting, or legal advice and does not guarantee that any payment, purchase, redemption, or donation is tax-deductible. Tax receipts, if any, must be issued by the relevant beneficiary or charitable organization unless Giftpack expressly states otherwise in writing.
You may not publish, advertise, or authorize any public statement that a purchase, redemption, campaign, or Giftpack service will benefit a named charity, NGO, university foundation, community fund, or other beneficiary unless the campaign language, beneficiary name, campaign period, allocation formula, and required consents have been approved under a written campaign schedule or other written agreement. Giftpack may decline, delay, or modify Impact Features where a beneficiary is unavailable, restricted, not operationally supported, or raises compliance, sanctions, tax, payment, or reputational concerns.
You remain responsible for amounts due for authorized transactions, including where a payment method is cancelled, suspended, reversed, or subject to chargeback after Giftpack has begun performance or incurred related costs. Except as required by non-waivable law or expressly agreed in writing, Giftpack credits, completed service charges, procurement charges, processing fees, and charitable or impact allocations are non-refundable. Any cancellation or refund request will be evaluated based on transaction status, supplier commitments, operational costs incurred, approved proposals, and any applicable separate agreement.
Giftpack may use automated systems and AI-enabled tools to support recommendations, workflow automation, sourcing assistance, service efficiency, analytics, personalization, and platform improvements. Final decisions relating to campaign setup, recipient engagement, supplier selection, gift selection, budget authorization, and use of AI-assisted recommendations remain under your control. Giftpack does not guarantee any specific result from AI-generated outputs or recommendations.
Giftpack supports customers and recipients across multiple jurisdictions, but you are responsible for ensuring that your use of the services complies with laws, regulations, sanctions requirements, employment rules, tax rules, customs requirements, anti-bribery rules, marketing rules, fundraising rules, and other obligations applicable to your organization, campaigns, recipients, purchasers, and jurisdictions. Giftpack may refuse or restrict service to any jurisdiction, recipient, beneficiary, supplier, or campaign where Giftpack reasonably determines there is a legal, operational, sanctions, payment, tax, security, or reputational risk.
To the extent permitted by law, the site and services are provided on an "as is" and "as available" basis. Giftpack does not guarantee uninterrupted, error-free, or fully available operation at all times, and disclaims implied warranties to the extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by law, Giftpack will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenues, goodwill, business opportunity, or data, even if advised of the possibility of such damages.
To the extent permitted by law, Giftpack's aggregate liability arising out of or relating to the site or services will not exceed the fees paid or payable by you to Giftpack for the applicable services during the twelve (12) months preceding the event giving rise to the claim, unless a separate written agreement sets a different liability framework.
Giftpack may suspend or terminate access to the site or services for fraud, unlawful use, material breach, nonpayment, security risk, or conduct that may harm Giftpack, customers, recipients, suppliers, beneficiaries, partners, or platform operations. Where appropriate, Giftpack may investigate and temporarily restrict access while resolving suspected issues. Upon termination, your right to access the affected services will cease, but provisions that by their nature should survive termination will remain in effect, including provisions relating to payment obligations, credit treatment, intellectual property, confidentiality, data handling, liability limitations, warranties, indemnity, dispute-related terms, and accrued obligations.
Giftpack may update these Terms from time to time by posting an updated version on the site. Continued use of the site or services after an update becomes effective constitutes acceptance of the revised Terms. For enterprise customers with signed agreements, updated public terms apply only to the extent permitted by the signed agreement, incorporated order form, or applicable law.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. If any provision is held unenforceable, the remaining provisions will remain in effect. Giftpack's failure to enforce a provision is not a waiver of its rights. Giftpack may seek injunctive or equitable relief where appropriate in addition to other available remedies.
These Terms, the Privacy Policy, the DPA where applicable, accepted Campaign Proposals, invoices, and any separate written agreement constitute the applicable agreement between you and Giftpack for the relevant services. If a signed agreement conflicts with these Terms, the signed agreement controls for the applicable services.