Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and GIFT MEMORY ("GiftMemory," "we," "us"), which operates giftmemoryapp.com and the GiftMemory application (the "Service"). By creating an account, contributing to a book, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who can use the Service

You must be at least 18 years old, or the age of majority where you live, to create an account and place orders. The Service is not directed to children under 13, and we do not knowingly collect their information. You are responsible for keeping your account credentials secure and for all activity under your account.

2. How the Service works

GiftMemory lets a book owner create a memory book and invite friends and family ("contributors") to add photos, written messages, and video messages. The owner can arrange and personalize the book and order digital and/or printed keepsakes. Printed books are produced and shipped by our print-fulfillment provider.

3. Invitations and contributor permission

If you create a book and invite others, you confirm that you personally know the people you invite and that the contact information you enter is accurate. For email invitations, you confirm you have that person's permission to contact them. For text-message invitations, consent is obtained directly from the recipient through the double opt-in process described in Section 6 — no invitation is sent by text unless the recipient replies YES to a confirmation message. You are responsible for the invitations you send through the Service. Contributors may decline to participate and may opt out of further messages at any time.

4. Your content

You and your contributors retain ownership of the photos, messages, and videos you upload ("your content"). By uploading your content, you grant us a limited, non-exclusive license to host, reproduce, format, and print it solely to provide the Service — including assembling, previewing, printing, and delivering your book. You represent that you have the rights needed to upload your content and that it does not infringe anyone's rights or violate any law.

5. Acceptable use

You agree not to use the Service to upload or share content that is unlawful, infringing, harassing, hateful, sexually exploitative, or otherwise objectionable; to send unsolicited or unauthorized messages; to attempt to access accounts or data that are not yours; or to disrupt, reverse-engineer, or misuse the Service. We may remove content or suspend accounts that violate these Terms.

6. SMS / Messaging Program

GiftMemory sends transactional text messages — contribution invitations and at most three reminder texts per invitation — via our messaging provider, Twilio.

How consent is obtained (double opt-in): a GiftMemory account holder may add a contributor by phone number, but GiftMemory first sends that person a single confirmation text. No invitation or reminder is sent unless the recipient replies YES to that request; the recipient's reply is their opt-in. After opting in they receive their contribution link and at most three reminder texts for that invitation. Recipients may reply STOP at any time to opt out.

Message frequency varies. Message and data rates may apply. Reply HELP for help, or contact support@giftmemoryapp.com. Mobile carriers are not liable for delayed or undelivered messages. We do not share mobile opt-in or consent information with third parties.

See our Privacy Policy for details on how we handle this information.

7. Orders, pricing, and payment

Prices for digital and printed keepsakes are shown at checkout and may change over time. Payments are processed by Stripe; by placing an order you authorize us and Stripe to charge your selected payment method for the order total, including any applicable taxes and shipping. We do not store full card numbers.

8. Printing, shipping, and delivery

Printed books are produced and shipped by our print-fulfillment provider. Production and delivery timelines are estimates and may vary. You are responsible for providing an accurate shipping address. Risk of loss passes to you upon delivery to the carrier.

9. Cancellations and refunds

Because printed books are custom-made for you, orders generally cannot be changed or canceled once they enter production. If your printed book arrives damaged or defective, contact us at support@giftmemoryapp.com and we will work with you to make it right.

10. Intellectual property

The Service, including its software, design, and branding, is owned by GIFT MEMORY and protected by intellectual-property laws. These Terms do not grant you any right to our trademarks or to copy, modify, or distribute the Service except as needed to use it as intended.

11. Third-party services

The Service relies on third-party providers, including a payment processor, an SMS messaging provider, print-fulfillment partners, cloud hosting and content-delivery providers, and an email-delivery provider. Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts or omissions.

12. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including 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.

13. Limitation of liability

To the fullest extent permitted by law, GIFT MEMORY will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the order giving rise to the claim in the twelve months before the claim.

14. Indemnification

You agree to indemnify and hold harmless GIFT MEMORY from any claims, damages, or expenses arising out of your content, your use of the Service, your invitations to contributors, or your violation of these Terms or applicable law.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination — including content licenses you have granted for books already produced, disclaimers, and limitations of liability — will survive.

16. Changes to these Terms

We may update these Terms from time to time and will post the revised version with a new effective date. Your continued use of the Service after changes take effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute relating to these Terms or the Service will be brought in the state or federal courts located in North Carolina, and you consent to their jurisdiction.

18. Contact

GIFT MEMORY — support@giftmemoryapp.com — 4767 Killian Crossing Drive, Denver, NC 28037