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. Eligibility, 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. You are at least 18 years old or the age of majority in your jurisdiction
2. The information you provide is accurate, complete, and kept up to date
3. You are using the Platform for lawful personal or business gifting purposes

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 and legitimate gifting purposes.
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

5. Occasional Gift Cards

All gift cards sold on ByGift:

1. Are digital and issued solely by ByGift
2. Are intended for personal gifting and non‑commercial use
3. May have specific usage rules, expiration terms, or redemption limitations

You acknowledge that:

1. Gift cards are not redeemable for cash unless required by law
2. Gift cards may not be resold, exchanged, or transferred for commercial purposes
3. ByGift is not responsible for errors caused by incorrect recipient details provided by you

6. Digital Content and Digital Gift Disclaimer

ByGift provides digital, branded gift products intended for special occasions such as birthdays, anniversaries, Valentine’s Day, celebrations, and similar events ("Digital Gifts"). These Digital Gifts constitute digital content and/or digital services within the meaning of applicable consumer protection laws.

6a. Nature of Digital Gifts

1. Digital Gifts are non-physical, non-cash digital products
2. They are issued exclusively by ByGift under its own brand
3. They do not represent stored monetary value or electronic money
4. They cannot be exchanged for cash, resold, transferred for value, or redeemed outside the ByGift platform

6b. Delivery and Access

1. Delivery of Digital Gifts occurs electronically once payment is successfully completed
2. Access may require an active ByGift account
3. By purchasing, you acknowledge that performance of the digital service may begin immediately after payment confirmation

6c. Waiver of Payout Where Permitted

Where permitted by applicable law, you expressly acknowledge that once delivery or access to a Digital Gift has commenced, your statutory right of payout may be limited or waived. This does not affect mandatory consumer rights that cannot be excluded under local law.

7. Refund Policy

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

8. Verification, Compliance, and Risk Controls

To maintain platform integrity and comply with payment network requirements, ByGift may:

1. Request additional information to verify identity or transactions
2. Temporarily delay or suspend transactions for review
3. Limit or restrict accounts associated with elevated risk

9. Prohibited Uses and Misuse Prevention

You agree not to use the Platform or Digital Gifts for:

1. Money laundering, terrorist financing, sexual activity or fraudulent activity
2. Circumventing payment controls or chargeback mechanisms
3. Reselling, trading, or monetizing Digital Gifts
4. Creating accounts on behalf of others without authorization
5. Any activity that violates applicable laws, regulations, or Payment Provider policies

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 made on the ByGift platform are processed through licensed and regulated third-party payment service providers, including but not limited to PayPal, Stripe, and other supported payment gateways ("Payment Providers"). ByGift does not provide payment services, 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. Authorization and Consent

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 and hold harmless ByGift from any claims, damages, losses, or expenses arising from:

1. Your use of the Platform
2. Your violation of these Terms
3. Your misuse of gift cards or payment methods

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
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