Terms of Service

1. Acceptance

These Terms of Service ("Terms") are a legal agreement between you and The Gift Whisperer ("we", "us", "our") covering your use of the website at thegiftwhisperer.gifts and everything on it (the "Service"). By using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. What the Service is

The Gift Whisperer is a free tool that suggests gift ideas based on a few details you provide about the person you are shopping for. Optionally, you can create an account to save profiles for people you buy for ("Loved Ones"), keep a history of gifts, receive occasion reminders by email, and build shared "group gift lists" that other people can view and claim items from.

The Service is provided for personal, non-commercial use. We may change, suspend, or discontinue any part of it at any time.

3. Recommendations are suggestions, not advice

Gift ideas are generated automatically and are suggestions only. We do not guarantee that a suggested product or experience is available, accurately priced, suitable, or a good fit. Prices, availability, and details shown on the Service may be out of date or estimated; the retailer's own listing is always the source of truth. You are responsible for your own purchasing decisions.

4. Accounts and the information you enter

Account sign-in is handled by our authentication provider. You are responsible for keeping your login secure and for activity that happens under your account.

When you add a Loved One profile or create a group gift list, you may enter information about other people (names, relationship, birthdays, interests, notes). You represent that you are entitled to provide that information and to receive reminders about those people. Do not enter information about someone who has asked you not to. When you share a group gift list link, anyone who has the link can see the list and the names of people who claim items.

5. Acceptable use

You agree not to:

• scrape, crawl, or bulk-download the Service, or use it to build a competing dataset or product;
• probe, disrupt, or overload the Service or its infrastructure, or bypass rate limits;
• use the Service to harass, defame, or invade the privacy of any person;
• submit unlawful content, malware, or content that infringes someone else's rights;
• misrepresent your affiliation with any person or organization.

6. Affiliate links and third parties

Some links on the Service are affiliate links, and we may earn a commission on qualifying purchases at no extra cost to you. See our Affiliate Disclosure. We do not sell any products ourselves. Any purchase is a transaction between you and the retailer, governed by that retailer's terms. We are not responsible for products, fulfillment, returns, or customer service provided by third parties, and we do not endorse or take responsibility for third-party websites the Service links to.

7. Intellectual property

The Service's name, design, text, and original content are owned by us and protected by law. You may use the Service for its intended purpose but may not copy, republish, or create derivative works from its content without permission. Product names and trademarks referenced in recommendations belong to their respective owners.

8. Disclaimer of warranties

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, secure, or that any recommendation will meet your expectations.

9. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or gifts gone wrong, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed one hundred U.S. dollars (USD $100). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

10. Indemnification

You agree to indemnify and hold us harmless from claims and expenses (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms, or information you submitted about another person.

11. Termination

You may stop using the Service at any time and, if you have an account, delete it. We may suspend or terminate your access if you violate these Terms or to protect the Service. Sections that by their nature should survive termination (including sections 3 and 6–10) will survive.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the revised version on this page with a new effective date. If a change is significant, we will make reasonable efforts to flag it. Continued use of the Service after a change takes effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws rules. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to their jurisdiction.

14. Contact

Questions about these Terms? Email dan.maghini@gmail.com.