Terms of Service

Last updated: February 1, 2026

1. Acceptance of Terms

By accessing or using Evergift ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

We may modify these Terms at any time. Your continued use of the App after any changes constitutes your acceptance of the new Terms.

2. Description of Service

Evergift is a gift-giving organization app that helps you:

  • Track gift recipients and their interests
  • Manage important occasions and dates
  • Receive AI-generated gift suggestions
  • Organize and track gift ideas

3. Account Registration

To use Evergift, you must create an account using your phone number. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4. Acceptable Use

You agree not to:

  • Use the App for any unlawful purpose
  • Violate any applicable laws or regulations
  • Impersonate any person or entity
  • Interfere with or disrupt the App or servers
  • Attempt to gain unauthorized access to any part of the App
  • Use the App to transmit harmful code or malware
  • Collect or harvest user data without consent
  • Use automated systems to access the App without permission

5. User Content

You retain ownership of any content you create in the App (such as recipient profiles, occasions, and notes). By using the App, you grant us a limited license to:

  • Store and process your content to provide the service
  • Use anonymized, aggregated data to improve our services

You are responsible for ensuring you have the right to add any information about third parties (such as gift recipients) and that doing so complies with applicable privacy laws.

6. AI-Generated Content

Evergift uses artificial intelligence to generate gift suggestions. You understand and agree that:

  • AI suggestions are provided for informational purposes only
  • We do not guarantee the accuracy, appropriateness, or availability of suggestions
  • You are solely responsible for any purchasing decisions you make
  • AI-generated content may occasionally produce unexpected or inappropriate results

7. Intellectual Property

The App, including its design, features, code, and content (excluding user content), is owned by Evergift and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute any part of the App
  • Reverse engineer or attempt to extract source code
  • Use our trademarks without permission

8. Third-Party Services

The App may contain links to or integrate with third-party services. We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OR FREEDOM FROM VIRUSES

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or goodwill
  • Service interruption or computer damage
  • Cost of substitute services
  • Any damages arising from your use of the App

Our total liability shall not exceed the amount you paid us in the 12 months before the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless Evergift and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party

12. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination:

  • Your right to use the App immediately ceases
  • We may delete your account and data
  • Provisions that should survive termination will remain in effect

You may delete your account at any time through the App settings.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

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

16. Contact Information

For questions about these Terms, please contact us at:

Email: legal@evergift.app