Terms Of Use

2. Eligibility

You may use ByGift only if you:

1. Are at least 18 years old or the age of legal majority in your jurisdiction
2. Have the legal capacity to enter into a binding agreement
3. Use the Platform in compliance with all applicable laws, regulations, and payment network rules

3. Accounts and Verification

To access or use certain features of the Platform, you must create a ByGift account. By creating an account, you represent that:

1. The information you provide is accurate, complete, and kept up to date
2. you will keep your account credentials secure
3. you are responsible for activities under your account
4. You will use the Platform for lawful participation in events

3a. Verification and Compliance Checks

ByGift reserves the right to:

1. Request additional information to verify identity or transaction legitimacy
2. Restrict, suspend, or terminate accounts pending verification
3. Conduct automated and manual reviews for fraud prevention and compliance

4. Acceptable Use

You agree to use the Platform only for lawful participation in events.
You must not:

1. Use ByGift for fraudulent, misleading, deceptive, or abusive activities
2. Attempt to manipulate transactions, chargebacks, or disputes
3. Use stolen payment methods or unauthorized payment details
4. Circumvent security features or access restricted areas
5. Use automated systems, bots, or scraping tools

4a. Platform Role

ByGift operates as a digital event access platform.
ByGift:

1. Provides access to digital events and experiences
2. Issues access credentials for specific events
3. Manages access, delivery, and the overall user experience

5. Event Access and Delivery

All purchases on ByGift:

1. Are digital and issued solely by ByGift
2. Are linked to a specific event or experience
3. Grant access to that event after activation
4. Are delivered electronically after successful payment

Access credentials:

1. Strictly limited to one user account
2. Not redeemable for cash
3. Not transferable after activation
4. Not eligible for resale, exchange, or redistribution
5. Not usable outside the ByGift Platform
6. Not a form of stored value or credit

5a. Access for Another Recipient

Access to an experience is initially created for the purchaser’s account.
Before activation, the purchaser may choose to designate a recipient within the ByGift platform by providing the recipient’s email address.
In such cases:

1. The recipient must create or log into a ByGift account
2. Access is activated directly within the recipient’s account
3. Once activated, access becomes account-bound, non-transferable, and cannot be reassigned

The ability to designate a recipient is a one-time action prior to activation and does not constitute a transfer, resale, or exchange of value.
Access cannot be transferred, resold, or reassigned after activation.
ByGift does not support peer-to-peer transfers, resale, or user-to-user transactions of any kind.
ByGift is not responsible for:

1. Incorrect recipient details provided at the time of designation
2. Failure of the recipient to activate access
3. Unauthorized use resulting from incorrect recipient information

6. Managed Experiences

All experiences on ByGift are managed and controlled by the Platform.

Creators may contribute content and experiences under contractual agreements with ByGift. However:

1. Users do not transact with creators directly
2. ByGift controls how experiences are offered, accessed, and delivered

7. Refund Policy

Refunds and cancellations are governed exclusively by our Refund Policy, available at:

8. Fraud Prevention and Risk Monitoring

To protect the Platform and its users, ByGift may monitor account and transaction activity, ByGift may:

1. Request additional information to verify identity or transactions
2. Temporarily delay or suspend transactions for review
3. Cancel suspicious purchases
4. Limit or restrict accounts associated with elevated risk
5. Cooperate with payment providers and law enforcement

9. Prohibited Uses and Misuse Prevention

You agree not to use the Platform for any unlawful, abusive, or prohibited activities, including but not limited to:

1. Money laundering, terrorist financing, fraud, or any illegal activity
2. Circumventing payment controls, fraud systems, or chargeback mechanisms
3. Reselling, trading, commercial resale or redistribution of access
4. Creating accounts or making purchases on behalf of others without authorization
5. Any activity that violates applicable laws, regulations, or Payment Provider policies
6. Using access as a financial instrument or value transfer

10. Intellectual Property

All content on the Platform, including logos, trademarks, designs, text, graphics, and software, is owned by or licensed to ByGift.
You may not copy, modify, distribute, or exploit any content without prior written consent from ByGift.

11. Third‑Party Services

The Platform may integrate third‑party services such as payment processors.
ByGift is not responsible for:

1. The availability or performance of third‑party services
2. Actions taken by payment providers under their own terms

12. Payments, PSD2, and Payment Services Compliance

All payments are processed by licensed third-party payment providers. ByGift does not process payments directly, does not hold customer funds, and does not operate as a payment institution or electronic money issuer.

12a. PSD2 and Strong Customer Authentication (SCA)

1. Payments may be subject to Strong Customer Authentication (SCA) as required under the EU Revised Payment Services Directive (PSD2)
2. Authentication requirements are enforced by Payment Providers, not ByGift
3. Transaction approvals, declines, or reversals are determined by the Payment Provider

12b. Authorization and Consent

By submitting payment details, you authorize the applicable Payment Provider to process the transaction in accordance with its own terms and policies. You also confirm that you are the authorized holder of the payment method used.

12c. Payment Responsibility

ByGift is not responsible for:

1. Payment failures caused by banks, card issuers, or Payment Providers
2. Delays or holds imposed for compliance, fraud review, or regulatory reasons
3. Chargebacks or reversals initiated outside the ByGift platform

13. Limitation of Liability

To the maximum extent permitted by law, ByGift shall not be liable for:

1. Indirect, incidental, or consequential damages
2. Loss of profits, revenue, or data
3. Chargebacks, reversals, or actions initiated by payment providers

14. Indemnification

You agree to indemnify, defend, and hold harmless ByGift, its affiliates, directors, employees, and partners from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees), arising out of or related to:

1. Your use of the Platform
2. Your violation of these Terms
3. Misuse of access credentials
4. Any breach of applicable laws or regulations

15. Privacy

Your personal data is processed in accordance with our Privacy Policy, which explains how we collect, use, and protect information.

16. Changes to These Terms

ByGift may update these Terms of Use at any time.
Updates will be posted on this page, and continued use of the Platform constitutes acceptance of the revised Terms.

17. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which ByGift is legally established, with due consideration to international, regional, and cross-border regulations, including but not limited to applicable laws within the European Economic Area (EEA).
Where applicable, ByGift operates in compliance with:

1. European Union consumer protection laws
2. Applicable e-commerce and digital services regulations
3. Data protection and privacy regulations, including the General Data Protection Regulation (GDPR)

18. Contact Information

For questions or concerns regarding these Terms of Use, contact:
ByGift Support