Giftly Terms of Use

The Service is operated by Giftly, located in Istanbul, Türkiye.

Contact: contact@thegiftly.app

In these Terms, “Giftly”, “we”, “us” or “our” refers to Giftly.

Giftly helps users create and manage private or semi-private gift collection campaigns for occasions such as birthdays, celebrations, farewells, group gifts and similar social events.

Depending on the features available, the Service may allow an organizer to:

• create a campaign page;
• describe the gift purpose;
• invite contributors;
• display contribution instructions;
• manage participant and contribution information;
• share campaign updates;

close, archive or delete a campaign.

Unless expressly stated otherwise, Giftly does not collect payments from users, process contributions, hold funds, transfer money, provide escrow services or act as a payment institution, bank, trustee, charity, fundraising platform, crowdfunding platform or financial intermediary.

You may use the Service only if you are at least 18 years old or if you use the Service with the consent and supervision of a parent or legal guardian. By using the Service, you confirm that you have legal capacity to accept these Terms. If you use the Service on behalf of a company, organization, group or community, you confirm that you are authorized to act on its behalf.

The Service may include different user roles:

• Organizer: the person who creates and manages a campaign.
• Contributor: the person who views a campaign and may choose to contribute to the gift.
• Recipient: the person for whom the gift is intended, where applicable.

Organizers are responsible for the accuracy, legality, transparency and fairness of their campaigns and for any payment, IBAN, bank account or contribution information they provide.

As an organizer, you agree to:

• provide accurate, lawful and non-misleading campaign information;
• obtain any required consent before publishing another person’s name, image, contact details or personal data;
• use contributor and campaign information only for the relevant campaign purpose;
• clearly explain whether contributions are voluntary, refundable, non-refundable or subject to conditions;
• comply with applicable tax, consumer, fundraising, payment, anti-fraud, anti-money laundering and data protection laws;
• not misrepresent the purpose, recipient, amount collected, payment instructions or use of funds;
• respond fairly and within a reasonable time to contributor questions;
• correct, close or delete campaign information when it is no longer accurate or necessary.

Giftly may suspend, restrict or remove any campaign that appears misleading, unlawful, harmful, abusive, fraudulent, high risk or inconsistent with these Terms.

As a contributor, you understand that campaign information is provided by the organizer.

Before making any transfer or contribution, you are solely responsible for verifying:

• the organizer’s identity;
• the recipient and purpose of the campaign;
• the campaign link;
• the IBAN or bank account details;
• the account holder name;
• the payment amount;
• the payment reference or description;
• whether the contribution is refundable or subject to conditions.

You should only send money to people and campaigns you trust.

Giftly does not currently collect payments from users, process contributions, hold funds, transfer money, provide escrow services or act as a payment institution, bank, trustee, charity, crowdfunding platform or financial intermediary. Any IBAN, bank account, payment instruction, payment link or contribution information displayed on or through the Service is provided by the relevant organizer or third party. Contributors are solely responsible for verifying the organizer, recipient, IBAN, account holder name, payment amount, campaign link and payment purpose before making any transfer.

Giftly is not responsible for:

• transfers made to the wrong person;
• incorrect IBANs or bank account details;
• fraudulent organizers;
• impersonation;
• phishing;
• social engineering;
• user negligence or carelessness;
• bank delays;
• blocked or rejected payments;
• exchange rate differences;
• bank fees;
• chargebacks;
• refunds;
• disputes between organizers and contributors;

any loss arising from a payment made outside Giftly’s control.

If you believe a campaign is fraudulent or misleading, you should not make a payment and should contact us at contact@thegiftly.app.

The Service may include links, recommendations, campaigns or affiliate references to third party sellers, brands, marketplaces, payment providers or service providers.

Giftly may receive an affiliate fee, referral fee, commission or similar commercial benefit from certain third party links or transactions. Unless expressly stated otherwise, any purchase, payment, delivery, refund, warranty, cancellation, consumer support, tax, invoice or dispute relating to third party products or services is solely between the user and the relevant third party.

Giftly is not responsible for third party:

• products;
• services;
• prices;
• availability;
• delivery;
• payment processing;
• refunds;
• warranties;
• claims;
• customer support;

legal or regulatory compliance.

You should review the terms, privacy notice, refund policy and seller information of any third party before making a purchase or payment.

You must not use the Service for public fundraising, charitable donations, political funding, religious collections, regulated crowdfunding, investment solicitation, lending, financial promotion or similar regulated activities unless you have obtained all required legal permissions and Giftly has expressly allowed such use in writing. Giftly is intended primarily for private, social and personal group gift organization.

You must not use the Service to:

• violate any law or regulation;
• run fraudulent, deceptive, misleading or unauthorized campaigns;
• collect money for illegal, harmful, discriminatory, violent, adult, exploitative or unsafe purposes;
• impersonate another person or organization;
• publish personal data without a lawful basis or required consent;
• harass, threaten, shame, defame or abuse others;
• upload malware or harmful code;
• attempt unauthorized access;
• scrape, reverse engineer, overload or disrupt the Service;
• send spam or unauthorized commercial messages;
• bypass security, privacy, rate limits or access restrictions;
• expose Giftly, users or third parties to legal, regulatory, financial or reputational harm.

You remain responsible for the content you submit, including campaign titles, descriptions, names, images, links, IBANs, bank/payment information, messages and updates.

This is referred to as “User Content”.

You confirm that you have all rights, permissions and legal bases needed to submit and display your User Content.

You grant Giftly a limited, worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, transmit and process User Content only as necessary to operate, secure, improve and support the Service and comply with law. We may remove or restrict access to User Content where we reasonably believe it violates these Terms, applicable law, third party rights, safety standards or platform integrity.

Our processing of personal data is described in the Privacy Notice below.

You must not submit personal data about another person unless you have a lawful basis and, where required, their informed consent.

If you are an organizer, you may receive personal data of contributors. You must use that data only for the relevant campaign, protect it appropriately and delete it when no longer needed.

If you are a consumer in the European Union, Türkiye, the United Arab Emirates or another jurisdiction with mandatory consumer protection laws, nothing in these Terms limits your mandatory statutory rights. Giftly is currently provided without charging users directly. If Giftly introduces paid digital services, subscriptions, service fees or premium features later, the applicable price, taxes, billing terms, cancellation terms and withdrawal rights will be shown clearly before purchase. Where legally applicable, consumers may have a statutory right of withdrawal for distance contracts. For digital services, this right may be affected if the user requests immediate access and acknowledges that the right of withdrawal may be lost where permitted by law.

We aim to keep the Service available, secure and useful, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, restrict or discontinue parts of the Service where necessary for security, maintenance, legal compliance, business reasons or platform improvement. Material changes affecting your rights will be communicated where required by law.

We may suspend or terminate access to the Service if:

• you breach these Terms;
• your campaign appears unlawful, fraudulent, misleading, harmful or high risk;
• we are required to do so by law, regulator, court, bank, service provider or competent authority;
• continued access may harm Giftly, users or third parties.

You may stop using the Service at any time.

You may request deletion of your account or campaign data, subject to legal, security, accounting, dispute and legitimate retention requirements.

Giftly, its design, software, trademarks, logos, text, interfaces, workflows and other materials are owned by Giftly or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer or create derivative works from the Service except as permitted by law or expressly authorized by us.

The Service may link to or integrate with third party services such as messaging apps, banks, payment providers, affiliate sellers, analytics providers, hosting providers, maps, social networks or communication tools. We are not responsible for third party services, terms, privacy practices, availability, fees or conduct.

The Service is provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability and error-free operation.

We do not verify every campaign, organizer, contributor, payment instruction, IBAN or representation made by users. You use the Service and interact with campaigns at your own discretion and risk.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, intentional misconduct or mandatory consumer rights. To the maximum extent permitted by law, Giftly will not be liable for indirect, incidental, special, consequential, punitive or loss of profit, revenue, data, goodwill, opportunity or business arising from or related to the Service.

To the maximum extent permitted by law, Giftly’s aggregate liability for claims relating to the Service will not exceed the higher of:

• the amount you paid directly to Giftly for the Service in the three months before the event giving rise to the claim; or

EUR 100.

This limitation does not apply where prohibited by consumer protection law or other mandatory law.

If you use the Service in breach of these Terms or applicable law, you agree to indemnify and hold Giftly harmless from claims, damages, losses, penalties, costs and expenses arising from your campaign, User Content, payment instructions, misuse of personal data, violation of law or infringement of third party rights, to the extent permitted by law.

These Terms are governed by the laws of Türkiye, without prejudice to mandatory consumer protection rights that may apply in your country of residence. The courts and enforcement offices of Istanbul, Türkiye will have jurisdiction, unless mandatory law gives you the right to bring claims before another competent court. Before starting legal proceedings, we encourage you to contact us at contact@thegiftly.app so we can try to resolve the issue amicably.

We may update these Terms from time to time.

The latest version will be published on the Service with an effective date.

Where required by law, we will notify users of material changes.

Continued use of the Service after changes become effective means you accept the updated Terms.