GiftingMachine

Terms of Service

Effective date: June 3, 2026

These Terms of Service ("Terms") are a legal agreement between you and GiftingMachine LLC ("GiftingMachine," "we," "our," or "us") governing your use of the GiftingMachine mobile application and website at giftingmachine.com (collectively, the "Service"). Please read them carefully.

By creating an account or using the Service you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 18 years old to create an account or use the Service. By using the Service you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement. We do not knowingly permit anyone under 18 to use the Service. If we discover that an account belongs to a person under 18, we will terminate it immediately.

2. Your Account

You may sign in using a Google account. You are responsible for all activity that occurs under your account and for maintaining the security of your Google credentials. You must notify us immediately at support@giftingmachine.com if you suspect any unauthorised access to your account.

You may not share your account with another person, create accounts on behalf of others, or use automated means to create accounts.

3. The Service

GiftingMachine is a gift-discovery platform. Each day you receive a deck of product cards drawn from your stated interests. You swipe right ("like") or left ("pass") on each card. Your collective swipe data — along with swipes from other users — is used to produce crowd-validated "Top Picks" rankings. Tapping a product opens the product page on Amazon.

The Service is provided "as is." We do not guarantee that any product recommended is available, accurately priced, or suitable for any particular purpose.

4. Affiliate Disclosure

GiftingMachine participates in the Amazon Services LLC Associates Program, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites.

When you click a product link and purchase on Amazon, GiftingMachine may earn a commission at no additional cost to you. We recommend products based entirely on crowd-validated swipe data, not on commission rates. We do not accept payment from brands or sellers in exchange for placement or preferential ranking.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law.
  • Attempt to reverse-engineer, decompile, disassemble, or derive source code from the Service.
  • Use automated scripts, bots, crawlers, or other tools to submit swipes, create accounts, or extract data from the Service at scale.
  • Manipulate the ranking algorithm through artificial or coordinated swipe activity.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
  • Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.

6. User-Provided Data

By using the Service you grant GiftingMachine a worldwide, non-exclusive, royalty-free licence to use, store, and process the data you provide (including your swipe behaviour) for the purposes described in our Privacy Policy — specifically to power and improve the recommendation engine. This licence continues for as long as we retain the data, subject to the retention limits set out in our Privacy Policy.

Aggregate, anonymised swipe data may be retained indefinitely and used to improve rankings even after your account is deleted.

7. Intellectual Property

The Service, including its design, code, copy, trademarks, logos, and all content created by us, is and remains the exclusive property of GiftingMachine LLC. These Terms do not grant you any right to use our trademarks, trade names, or logos without our prior written consent.

Product titles, images, and descriptions displayed in the Service are owned by their respective manufacturers or Amazon and are used for the purpose of product discovery.

8. Third-Party Services

The Service integrates with or links to third-party services including Google (authentication), Amazon (product listings and affiliate purchasing), and others listed in our Privacy Policy. Your use of those third-party services is governed by their respective terms and privacy policies. We are not responsible for the content, availability, or practices of any third-party service.

9. Push Notifications

If you enable push notifications, you consent to receiving transactional and product-related messages from GiftingMachine on your device. You may disable notifications at any time in the app settings or your device's notification settings. We will not send marketing messages from third parties via push notification.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY PRODUCT INFORMATION, PRICING, OR AVAILABILITY SHOWN IN THE SERVICE.

PRODUCT RECOMMENDATIONS ARE BASED ON AGGREGATED USER SWIPE DATA AND ARE NOT PROFESSIONAL ADVICE. PURCHASE DECISIONS ARE YOURS ALONE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIFTINGMACHINE LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) US $10.

12. Indemnification

You agree to defend, indemnify, and hold harmless GiftingMachine LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party right.

13. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms.

You may delete your account at any time from the Profile screen in the app. Deletion is subject to the data retention provisions in our Privacy Policy.

Upon termination, all licences granted to you under these Terms immediately cease. Sections 6 through 15 survive termination.

14. Changes to These Terms

We may revise these Terms at any time. When we make material changes we will update the effective date above and, where practical, notify you by email or in-app notice. Your continued use of the Service after the revised Terms become effective constitutes your acceptance of those Terms. If you do not agree to the revised Terms, please stop using the Service and delete your account.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict-of-law provisions.

Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Utah County, Utah. The decision of the arbitrator shall be final and binding, and judgement upon the award may be entered in any court of competent jurisdiction.

Class action waiver: You agree that any dispute will be resolved solely on an individual basis and not as a plaintiff or class member in any purported class or representative action.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

16. Miscellaneous

  • Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and GiftingMachine LLC regarding the Service and supersede all prior agreements.
  • Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  • Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17. Contact

Questions about these Terms? Contact us at:

GiftingMachine LLC
Email: support@giftingmachine.com