Terms of Service

Please read these terms carefully before using our services.

Last updated: January 15, 2025

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Gifterly (the "Service"), a personal relationship and gift-giving companion application operated by Hudson Solutions AB("we," "us," or "our") and available at gifterly.se.

By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using our Service.

These Terms constitute a legally binding agreement between you and Hudson Solutions AB. Please read them carefully.

2. Description of Service

Gifterly is a mobile and web application that helps you manage relationships, track important dates and events, create wishlists, and receive reminders about upcoming occasions. The Service includes:

  • People management and relationship tracking
  • Event and date tracking (birthdays, anniversaries, custom events)
  • Wishlist creation and management
  • Push notifications and reminders
  • AI-powered gift recommendations (when available)
  • Gift shop and discovery features (when available)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility and Age Requirements

To use our Service, you must:

  • Be at least 16 years of age (or the age of majority in your jurisdiction)
  • Have the legal capacity to enter into binding agreements
  • Comply with all applicable laws and regulations
  • Provide accurate and complete information when creating an account

If you are under 16, you may not use our Service. If we discover that we have collected information from a user under 16, we will delete that information immediately.

4. User Accounts

4.1 Account Creation

To use certain features of our Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

  • Notify us immediately of any unauthorized access or use of your account
  • Use a strong, unique password
  • Not share your account credentials with third parties
  • Log out of your account when using shared devices

4.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

5. Acceptable Use

You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Service to transmit, distribute, or store any material that is illegal, harmful, threatening, abusive, or defamatory
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Attempt to gain unauthorized access to our systems, networks, or other users' accounts
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without our express written permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove, alter, or obscure any proprietary notices or labels on the Service
  • Use the Service to collect or store personal data about other users without their consent
  • Engage in any activity that could harm, disable, or overburden our Service or infrastructure

6. User Content

6.1 Ownership of User Content

You retain ownership of any content you submit, upload, or create through our Service ("User Content"), including information about people, events, wishlists, and notes.

6.2 License to Use User Content

By submitting User Content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your User Content solely for the purpose of providing and improving our Service. This license continues even after you stop using our Service, except where you delete your account and data.

6.3 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

  • You have the right to submit the User Content and grant us the license described above
  • Your User Content does not violate any third-party rights (including privacy, intellectual property, or publicity rights)
  • Your User Content is accurate and not misleading
  • Your User Content complies with all applicable laws and regulations

6.4 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or inappropriate. We are not obligated to review or monitor User Content, but we may do so at our discretion.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and all content, features, functionality, design, text, graphics, logos, icons, images, and software are owned by Hudson Solutions AB or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The "Gifterly" name and logo are trademarks of Hudson Solutions AB. You may not use our trademarks without our prior written permission.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for your personal, non-commercial use, subject to these Terms. You may not:

  • Reproduce, distribute, modify, or create derivative works of the Service
  • Use the Service for any commercial purpose without our express written permission
  • Remove any copyright, trademark, or other proprietary notices
  • Use any automated means to access or use the Service

8. Third-Party Services and Links

Our Service may integrate with or link to third-party services, including Supabase (authentication and database), PostHog (analytics), TikTok and Meta (advertising), and other services. Your use of these third-party services is subject to their respective terms of service and privacy policies.

We are not responsible for the content, privacy practices, or availability of third-party services. You acknowledge and agree that we shall not be liable for any loss or damage caused by your use of any third-party service.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, secure, error-free, or free from viruses or harmful components
  • Warranties regarding the accuracy, reliability, or completeness of any information on the Service
  • Warranties that defects will be corrected

Gift Recommendations: Any gift recommendations, suggestions, or ideas provided by our Service (including AI-powered recommendations) are suggestions only. We do not guarantee the suitability, quality, or availability of any gift, and we are not responsible for any decisions you make based on our recommendations.

Event Reminders: While we strive to send accurate and timely reminders, we do not guarantee that reminders will be delivered on time or at all. You are responsible for verifying important dates and events.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUDSON SOLUTIONS AB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to:

  • Loss of profits, revenue, data, or use
  • Loss or damage to goodwill or reputation
  • Costs of procurement of substitute services
  • Personal injury or property damage
  • Any other damages arising from your use or inability to use the Service

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hudson Solutions AB and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content

12. Privacy

Your use of our Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

13. Termination

13.1 Termination by You

You may stop using our Service and delete your account at any time through your account settings. Upon deletion, your account and associated data will be removed in accordance with our Privacy Policy.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, and indemnification) will survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page with a new "Last updated" date
  • Sending you an email notification (if the changes are significant)
  • Displaying a notice in our Service

Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising from or related to these Terms or the Service shall be resolved through good faith negotiations. If a dispute cannot be resolved through negotiations, it shall be submitted to the exclusive jurisdiction of the courts of Sweden.

If you are a consumer in the European Union, you may also be entitled to use the European Commission's Online Dispute Resolution platform.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hudson Solutions AB regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or telecommunications failures.

17. Contact Us

If you have any questions about these Terms, please contact us:

Hudson Solutions AB
Organization Number: 559505-8842
Kungsgatan 66Y
75341 Uppsala, Sweden
Email: legal@gifterly.se
Website: gifterly.se