Terms of Service

Welcome to Giftada. These Terms of Service ("Terms") govern your access to and use of the Giftada website, platform, and services (collectively, the "Service"), operated by KIKI Japan LLC d/b/a Giftada ("Giftada," "we," "us,"or "our").

By creating an account, making a purchase, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Please read these Terms carefully. They include limitations on our liability (Section 12), an agreement to resolve disputes through binding individual arbitration rather than court proceedings (Section 14), and a class action waiver (Section 14).

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

Giftada is a delegated gifting service. We offer two plans:

• Free Plan: Register one important date and receive reminder emails before that date. The free plan does not include an account or access to the gifting service.
• Auto Plan: A done-for-you gifting service that includes account creation, recipient management, gift curation based on your inputs, order execution, and delivery coordination. New accounts begin with a 90-day free trial. No payment method is required to start the trial. After the trial, your account converts to a paid monthly plan at $5.00 per month unless you choose the yearly plan ($29.00 per year) before your trial ends.

We act as the retailer of the gifts we deliver. We source products from third-party vendors, but your purchase is made from Giftada. We are not a marketplace.

Date-saving greeting cards, whether physical or digital, are offered at our discretion in situations we determine to be appropriate. They are not a standard feature of either plan and are not guaranteed.

3. Account Registration and Security

To access Auto plan features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update that information as needed.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at hello@withgiftada.com if you become aware of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Subscription, Billing, and Auto-Renewal

4.1 Free Trial

New Auto plan accounts begin with a 90-day free trial. No payment method is required during the trial period. At the end of the trial, your account converts to a paid subscription unless you have not provided a payment method, in which case your account will be deactivated, no charge will be applied, and any active events will be cancelled.

4.2 Auto Plans

After the trial, the default plan is the monthly plan at $5.00 per month. You may choose the yearly plan at $29.00 per year before or at the time your trial ends. The yearly plan must be selected explicitly. The monthly plan applies by default unless you opted in to the yearly plan.

4.3 Subscription Fee and Refunds

The monthly plan is charged at $5.00 per month. The yearly plan is charged at $29.00 per year.

If you change your mind within 72 hours of your first paid charge following the free trial, you may request a full refund, as long as no gift order has been placed or charged to your account during that time. This 72-hour cooling-off period applies to the initial conversion charge only, not to subsequent renewals.

After the 72-hour window, fees already charged are non-refundable. Exceptions apply if we charged you in error.

4.4 Auto-Renewal

Your subscription renews automatically at the end of each billing period unless you end it before your renewal date.

For yearly plans, we will send a renewal reminder between 15 and 45 days before your renewal date. Your card on file will be charged on your renewal date. If the charge fails, we will notify you and retry the charge. If all retry attempts are unsuccessful, your subscription will be cancelled and your account will be deactivated.

For monthly plans, your card on file will be charged automatically on your renewal date each month. If a charge fails and all retry attempts are unsuccessful, your subscription will be cancelled.

4.5 Plan Switching

You may switch between the monthly and yearly plan at any time through the Stripe Customer Portal, accessible from your account dashboard.

If you switch from the monthly plan to the yearly plan, the change takes effect immediately and your card on file will be charged the yearly fee at the time of the switch.

If you switch from the yearly plan to the monthly plan, the change takes effect at the end of your current yearly billing period. No charge or credit is applied for the remaining time on your yearly plan.

4.6 Ending Your Membership

During your free trial, you have no active subscription. You may end your membership at any time by deleting your account from your account dashboard. Account deletion is immediate and permanent. All associated data will be permanently deleted or anonymized within 30 to 90 days, unless retention is required for legal compliance. This action cannot be undone.

Once your trial converts to a paid subscription, you have two options:

You may cancel your subscription at any time through the Stripe Customer Portal, accessible from your account dashboard. Cancellation stops future billing but does not delete your account or your data. Your access to the Service continues through the end of your current billing period. After that, your account will be deactivated and you will not be charged again unless you reactivate.

You may also delete your account at any time. Deletion is immediate and permanent and ends the Service immediately, regardless of where you are in your billing period.

Cancellation or deletion does not entitle you to a refund of any fees already charged, except within the 72-hour cooling-off period described in Section 4.3.

No phone call is required to cancel or delete your account.

You may reactivate your membership at any time. Reactivation resumes billing on the plan you select at the time of reactivation.

4.7 Gift Order Charges

When a gift order is placed on your behalf, your card on file is charged for the gift. The price shown to you at the time of curation approval includes the item, shipping, and handling. Applicable sales tax is calculated and added at the time of charge based on the delivery address.

5. How the Service Works

5.1 Recipient Information and Data Ownership

You provide recipient details, preferences, shipping addresses, and occasion dates. You are solely responsible for the accuracy and completeness of this information. We rely on the data you provide to curate and fulfill gifts.

The first curation email includes a summary of your recipient and event data, along with a link to review and update it before the applicable deadline. All subsequent curation emails include a link to review and update before the applicable deadline. Once the data update deadline passes, the information on file is locked and considered confirmed.

5.2 Gift Curation and Approval

We curate gift options based on the information you provide, including recipient preferences, occasion, and budget range. You choose an authority level for your account:

• Auto-order ON: If you do not respond to the curation email by the applicable deadline, we proceed with the curated selection on your behalf.
• Auto-order OFF: If you do not respond by the applicable deadline, no gift is sent and no charge is applied.

You may change your auto-order setting at any time, provided no saved dates are within 60 days.

5.3 Order Execution

Once a gift order is placed with a vendor and your card is charged, the order is locked. Cancellation after this point is not guaranteed and is subject to the vendor’s policies. See our Refund Policy for full details.

6. Refund Policy

Cancellations, refunds, and returns are governed by our Refund Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and agree to the Refund Policy.

Key terms include:

• The subscription fee is non-refundable after 72 hours from the charge date, unless charged in error.
• Gift order cancellations are subject to vendor policies once the order has been placed and charged.
• Refunds for issues not caused by you are issued as a full refund of the amount charged.
• Personalized and custom gifts are final sale, except for execution errors.

The complete Refund Policy is available on our website and is linked in the website footer, at checkout, and in order confirmation emails.

7. Shipping and Delivery

We coordinate delivery through third-party vendors and carriers. Delivery timelines are estimates and depend on vendor processing times and carrier schedules. We do not guarantee delivery by a specific date, though we design our curation and ordering timelines to target delivery before your registered occasion date.

Risk of loss and title for purchased gifts pass to you upon delivery to the carrier. If a carrier confirms a package is permanently lost, we will issue a full refund.

Notwithstanding the foregoing, our Refund Policy governs remedies for lost or delayed shipments.

If we learn that a gift order cannot ship within the expected timeframe, we will notify you and offer the option to wait for delivery or cancel for a full refund.

We currently ship within the United States only.

8. Acceptable Use

You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You may not:

• Use the Service for any illegal, fraudulent, or harmful purpose.
• Provide false or misleading information in your account or recipient profiles.
• Attempt to interfere with, disrupt, or gain unauthorized access to the Service, its servers, or any connected systems.
• Use automated tools, bots, or scripts to access or interact with the Service without our prior written consent.
• Resell, sublicense, or commercially exploit the Service or any content provided through the Service.
• Harass, abuse, or threaten Giftada staff, vendors, or other users.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated this section.

9. Intellectual Property

9.1 Our Intellectual Property

The Giftada name, logo, website, platform, curation methodology, email content, and all associated materials are the property of KIKI Japan LLC d/b/a Giftada or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

9.2 Your Content

You retain ownership of the information and content you provide through the Service, including recipient details, preferences, and messages for greeting cards.

By submitting content to the Service, you grant Giftada a non-exclusive, worldwide, royalty-free license to use, store, process, and display that content solely for the purpose of operating and providing the Service to you.

If you provide a testimonial, review, or feedback and give us explicit permission to use it, we may use that content for marketing and promotional purposes with your name or a pseudonym as agreed. You may revoke this permission at any time by contacting us at hello@withgiftada.com.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information and the personal information of your recipients. The Privacy Policy is incorporated into these Terms by reference.

By using the Service, you confirm that you have the authority to provide recipient information to us and that doing so does not violate any applicable law or the rights of the recipient.

11. Communications

11.1 Transactional Communications

By using the Service, you consent to receive transactional communications from us, including order confirmations, payment receipts, delivery updates, account changes, renewal reminders, and service-related notifications. These communications are necessary to provide the Service and cannot be opted out of while your account is active.

11.2 Marketing Communications

We may send you marketing communications, including upgrade prompts, holiday reminders, newsletters, and promotional content. You may opt out of marketing communications at any time by using the unsubscribe link in any marketing email or by contacting us at hello@withgiftada.com.

Free plan users receive all communications as marketing emails. If you unsubscribe from marketing communications as a free plan user, you will no longer receive any emails from Giftada, including date reminders.

12. Disclaimers and Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• Any gift will perfectly match your or your recipient’s expectations.
• Delivery will occur by a specific date.
• Third-party vendors or carriers will perform without delay or error.

Gift curation is based on the information you provide and our judgment. We do our best to select appropriate gifts, but gifting involves subjective preferences and we cannot guarantee satisfaction with every selection.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIKI JAPAN LLC D/B/A GIFTADA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO GIFTADA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

13.1 Your Indemnification of Giftada

You agree to indemnify, defend, and hold harmless KIKI Japan LLC d/b/a Giftada, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your violation of these Terms.
• Your use of the Service.
• Inaccurate, incomplete, or misleading information you provide, including recipient data.
• Your violation of any applicable law or the rights of any third party.

13.2 Giftada’s Indemnification of You

Giftada agrees to indemnify, defend, and hold harmless you from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising directly from Giftada’s gross negligence or willful misconduct in providing the Service, including errors in order execution attributable solely to Giftada (and not to information you provided or third-party vendor or carrier failures).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact us at hello@withgiftada.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.

14.2 Binding Individual Arbitration

If we cannot resolve a dispute informally, you and Giftada agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration will take place in Texas or, at your election, by phone or video conference. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND GIFTADA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

14.4 Small Claims Court Exception

Either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

14.5 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

15. Third-Party Services

The Service relies on third-party service providers for payment processing, email delivery, address verification, and other functions. We are not responsible for the availability, accuracy, or performance of third-party services, and we disclaim all liability for any loss or damage arising from third-party service failures, outages, or errors.

Your use of third-party services may be subject to those providers’ own terms and privacy policies.

16. Force Majeure and Service Interruptions

Giftada shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure results from causes beyond our reasonable control, including but not limited to: natural disasters, pandemics, acts of government, war, terrorism, labor disputes, carrier or vendor failures, utility or internet outages, cyberattacks, or other force majeure events.

In the event of a prolonged service interruption, we will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable. If a force majeure event prevents fulfillment of a gift order, we will offer a full refund of the charged amount for that order.

17. Modifications to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you may delete your account before the changes take effect.

18. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse, or if required by law.

Upon termination:

• Any gift orders already placed and charged will be fulfilled.
• You will not receive a refund of the subscription fee unless required by law.
• Your data will be deleted or anonymized within 30 to 90 days, unless retention is required for legal compliance. This cannot be undone.

Sections that by their nature should survive termination (including Sections 9, 12, 13, 14, 15, and 16) will survive.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Entire Agreement

These Terms, together with the Refund Policy and the Privacy Policy, constitute the entire agreement between you and Giftada regarding your use of the Service. They supersede all prior agreements, understandings, and communications, whether written or oral.

21. Contact

If you have questions about these Terms, contact us at:

KIKI Japan LLC d/b/a Giftada

5900 Balcones Drive

STE 4000

Austin, TX 78731

hello@withgiftada.com