Version of the 18th of May 2024

PREAMBLE

Giftit lets users find out what their loved ones want without killing the surprise. It turns a sometimes anxiety-inducing, but often wasteful guessing game into a delightful experience for both givers and receivers. The Giftit platform has been set up in order to : (i) make gifting more fun, interactive and spontaneous, and (ii) reducing the amount of waste caused by unwanted or non-fitting gifts.

Furthermore, the Giftit platform aims to facilitate the search for gifts by allowing gifters and potential recipients to consult each other’s wish lists (including contact details). Users on Giftit can also request Sherlock, an AI chatbot, to anonymously message their friends on their behalf through chat apps like WhatsApp and iMessage and share the transcript of the conversation with them, along with shoppable gift recommendations.

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1. APPLICATION OF THE GENERAL CONDITIONS 

   1. The present general conditions (« GC ») regulates the relation between you (the « User ») and The Fire Company (formerly Giftit Social Inc.) (Giftit, « us », or « our »), while using the platform, which is accessible under the following address « https://www.giftit.social » as well as through the Giftit Social mobile app, downloadable on Android through the Google Play Store, and on iOS through TestFlight and the App Store. Additionally, you can access our platform through connected messaging apps (SMS, WhatsApp, iMessage) by messaging the phone number connected to our AI chatbot, Giftit Sherlock: +14066167610 (collectively referred to as the "Platform").

   2. By using our Platform, you acknowledge and agree with the collection and processing of your Personal Data in accordance with our Privacy Policy. If you do not wish your Personal Data to be processed according to the present Policy, please do not use the Platform.

   3. As a basic principle, the Swiss Federal Data Protection Act applies to the processing of your personal data. If you access our services from the State of California, USA, the California Consumer Privacy Act of 2018 (CCPA) may also apply.

      
      

2. USER ACCOUNT

   A. The account creation process and registration 

   1. A User account is created by completing the registration steps provided on the Platform. If the user creates an account using their phone as authentication method, he/She will also receive the latter by SMS.

   2. In the event that Giftit needs more information in order to validate the registration, the registration will be put on hold. In such a case, further information may be requested from the User, or, in accordance with applicable law. In case of refusal of registration, the User will receive an SMS informing him/her of the refusal and the reasons for it.

      
      

   B. The period of validity of a registration

   3. The User’s registration on the Platform is valid for an active period of 10 years, renewable. At the end of the period of validity of the registration, if it is renewable, the User will receive an SMS notification inviting him/her to renew his/her registration.

   
   C. Use of the account

   4. Once created, the account can be used to post the User’s profile on the Platform, as well as to view other profiles, either of potential gifters or recipients, posted on the Platform.

   5. The User is free to contact another User of the Platform by means of the contact details displayed on his/her profile.

   
   D. User guarantees

   6. The User who creates an account confirms and guarantees the following: 

      • He/she is either (i) of legal age and has full capacity to exercise his/her civil rights, or (ii) has obtained the necessary consent from its parent or legal guardian to create an account or provide any personal information to us ;

      • He /she undertakes to act in accordance with Swiss law, as well as the specific rules contained in these GC ;

      • He/she undertakes to check that the data he/she submits, in particular personal data, are at all times accurate and true; if this is not or is no longer the case, he/she shall rectify them.

   7. The User must immediately notify Giftit of any use of attempted fraudulent use or usurpation of his or her phone and, more generally, of any breach of the security of the account.

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3. RESTRICTION OF USE OF THE PLATFORM

   1. Users are required, when accessing and using the Platform, to comply with the following requirements:

      • not to share the profiles published on the Platform in any way; 

      • not to access the platform through automated processes (such as robots, botnets, or scrapers) except with prior written permission from Giftit, or as permitted by applicable law;

      • use the Service to disseminate unsolicited promotional or commercial content, or send unwanted or repeated solicitations (spam), including Sherlock requests;

      • not to submit content to the Platform that violates this Agreement or that violates the law. You are legally responsible for the content you submit to the Platform. The content you submit must not include the intellectual property of a third party (e.g., copyrighted material) unless you have the express permission of that third party or other legal authority to do so.

      • not to use the data published in the profiles for any purpose other than that offered by the Platform;

      • not to modify or alter the Platform, its content and/or functionality in any way;

      • not to contribute to or encourage anyone to modify or alter the Platform, its content and/or its functionalities in any way; 

      • to not (i) allow direct or indirect access to or use of the Platform in a manner that circumvents any contractual use limitation, (ii) attempt to gain unauthorised access to the Platform or its related systems or networks, (iii) make or run programs or scripts to retrieve, index, monitor or otherwise extract data from any part of the Platform, or (iv) decompile, reverse engineer or disassemble the Platform or any part thereof;  

      • to not use the Platform in a manner that threatens the security, integrity or availability of the Platform ; in particular, User shall not use the Platform to (i) store or transmit infringing, or otherwise illegal or tortious material, (ii) store or transmit material that violates the privacy rights of others, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the Platform or third party data contained therein; 

      • not to load or interfere with network traffic and/or data transit to, from and/or through the Platform in a manner that is inadequate or in excess of that required for ordinary, personal, non-commercial use of the Platform, including beyond that required to display the Content and/or perform the functionality of the Platform;

      • not to send or cause to be sent spam or unsolicited letters and/or e-mails and/or phone messages and/or Sherlock requests to any other User of the Platform, or to us, including our agents, governing bodies and employees;

      • use the Platform in strict compliance with the intellectual property regime applicable to the content of the Platform and free competition; 

      • not contribute to or encourage anyone to use the Platform in a manner that is contrary to the principles of intellectual property and free competition;

      • ensure technical and legal compatibility, including updates of software and devices that are used, directly or indirectly, in connection with the Platform or for its operation, in particular to display the content and/or execute the functionalities of the Platform. 
        
        

4. INTELLECTUAL PROPERTY 

   1. We reserve all our rights, title and interest in and to the Platform, including all intellectual property rights therein. No rights are granted to the User under these GC. 

   2. The Platform and its original content, features and functionality are and will remain the exclusive property of The Fire Company (formerly Giftit Social Inc.) and/or its licensors. In particular, the name, logos, texts and domains names mentioned on the Platform are the exclusive property of The Fire Company and may not be used without our prior written consent.

   3. Any reproduction, representation, provision, communication, adaptation, modification, translation, transformation, distribution, integration into another website, commercial exploitation and/or reuse in any way of all or part of the elements of the Platform is prohibited, except with the prior agreement of Giftit.

   4. The User grants a perpetual, irrevocable, worldwide, royalty-free license to sublicense or otherwise use any information, suggestions, enhancement requests, recommendations, corrections, and feedback provided by the User in connection with our Platform or in any form available on our Platform. 
      
      

5. DATA PROTECTION

   1. The processing of the User’s personal data in the context of the use of our Platform and its services is detailed in our Privacy Policy.
      
      

6. LIMITATION OF LIABILITY 

   1. The User uses the Platform at his/her own risk. The Platform is made available to the User « as is » and « as available ».

   2. The functionality of the Platform is provided to the User without warranty of any kind, either express or implied, including, but not limited to, the warranty of fitness for a particular purpose or the warranty of third-party rights. In particular, Giftit is not responsible for the acts of any third party itself, any external supplier or service provider or any auxiliary.

   3. In the event of malfunction, inoperability or any other deficiency of the Platform, Giftit shall not be liable for the consequences thereof.
      
      

7. TERMINATION, SUSPENSION OR CLOSURE OF AN ACCOUNT

   1. The service and access to the Platform are offered by Giftit to the Users as part of its mandate. Giftit may block, close or suspend a User’s account, as well as prohibit the use of the services in the following cases :

      • Any violation of one or more provisions of these GC ;

      • Any violation by the User of applicable Swiss or international law ;

      • In any other case deemed necessary by Giftit.

   2. The User may, at any time, request the suspension and/or deletion of his/her account from Giftit. 

   3. In the event of suspension of the account, the User may request the reactivation of his account for a period of two (2) years from the date of his request for suspension.

   4. In the event of a request for deletion of the account, the personal data relating to the account may nevertheless be retained, as indicated in Section 13 of our Privacy Policy.    
      
      

8. VALIDITY, ENTRY INTO FORCE AND SEVERABILITY

   1. These GC replace all previous conditions and agreements relating to the contractual relationship between Giftit and its Users and come into force immediately upon publication on the Platform. 

   2. Giftit may amend these GC at any time. The promulgation of new versions of this document shall be announced online on the Platform. The new versions of these GC shall come into force immediately for any User on the date of their publication online and shall govern the use of the Platform from that date onwards.

   3. If any provision of these GC is found by a court to be invalid or unenforceable, the remaining provisions of these GC shall remain in force. The contractual relationship shall be completed according to the hypothetical will of Giftit and the User.
      
      

9. APPLICABLE LAW AND JURISDICTION

   1. These GC shall be governed by and construed in accordance with Swiss law. 

   2. The exclusive place of jurisdiction is the Canton of Zurich, Switzerland, the jurisdiction of the Swiss Federal Court being reserved. 
      
      

10. QUESTIONS ? 

    1. Should you have questions or complaints regarding the present GC, please contact us by e-mail at info@giftit.social

    2. You can also reach us by post at Clausiusstrasse 16, 8006 Zürich.

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