Terms and Conditions

Last Updated: November 9, 2025

Welcome to Never Forget Gifts (“we,” “our,” or “us”). By accessing or using our website and application at app.neverforgetgifts.com (the “Service”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Never Forget Gifts is a gift reminder and recommendation service that:

Sends automated email reminders for birthdays and special occasions
Provides personalized gift suggestions based on your contacts’ preferences
Links to gift products available for purchase through third-party retailers
Helps you manage contact information and important dates

3. User Accounts

3.1 Account Creation

You must provide accurate, current, and complete information during registration
You must be at least 18 years old to use the Service
You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account

3.2 Account Security

You must notify us immediately of any unauthorized access to your account
We are not liable for any loss or damage arising from your failure to protect your account information
You may not share your account with others or allow others to access your account

3.3 Account Termination

You may delete your account at any time through your account settings
We reserve the right to suspend or terminate accounts that violate these Terms
Upon termination, your right to use the Service will immediately cease

4. User Content and Data

4.1 Your Content

You retain ownership of all contact information and data you submit to the Service
By using the Service, you grant us permission to process, store, and use your data solely to provide the Service
You are responsible for ensuring you have the right to share information about your contacts

4.2 Prohibited Content

You agree not to use the Service to:

Store or transmit unlawful, harmful, threatening, abusive, or otherwise objectionable content
Violate any applicable laws or regulations
Infringe on intellectual property rights of others
Impersonate any person or entity
Transmit spam, viruses, or malicious code

5. Gift Recommendations and Affiliate Links

5.1 Product Recommendations

Gift recommendations are suggestions only and do not constitute endorsements
We are not responsible for the quality, safety, or legality of products displayed
Product availability, pricing, and descriptions are provided by third-party retailers

5.2 Affiliate Relationships

We participate in the Amazon Services LLC Associates Program and other affiliate programs
When you click on product links and make purchases, we may earn a commission
These commissions come at no additional cost to you
Affiliate relationships do not influence the objectivity of our recommendations

5.3 Third-Party Purchases

All purchases are made directly with third-party retailers (e.g., Amazon)
We are not a party to any transaction between you and third-party retailers
Product orders, shipping, returns, and customer service are handled by the retailer
We are not responsible for retailer practices, product quality, or transaction disputes

6. Email Communications

6.1 Reminder Emails

By using the Service, you consent to receive email reminders for occasions you have saved
You can customize reminder timing in your account settings
You can unsubscribe from reminder emails at any time

6.2 Service Emails

We may send you service-related emails regarding your account, security, or Service updates
You cannot opt out of essential service communications

7. Intellectual Property

7.1 Our Rights

The Service, including all content, features, and functionality, is owned by Never Forget Gifts
Our trademarks, logos, and branding may not be used without prior written permission
You may not copy, modify, distribute, or create derivative works of our Service

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes
This license does not include any right to resell or commercial use of the Service

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Guarantees that the Service will be uninterrupted, timely, secure, or error-free
Guarantees regarding the accuracy, reliability, or completeness of content or recommendations
Guarantees that defects will be corrected or that the Service is free of viruses or harmful components

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
We shall not be liable for any loss of profits, revenue, data, or goodwill
Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim, or $100, whichever is greater
These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise)

Exceptions

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Never Forget Gifts, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any rights of another party
Your contact data or content you submit

11. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you consent to the practices described in our Privacy Policy.

12. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service at any time without notice
We may add or remove features, change pricing, or update functionality
We are not liable to you or any third party for any modification, suspension, or discontinuation

13. Governing Law and Dispute Resolution

13.1 Governing Law

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

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration
Arbitration shall be conducted by the American Arbitration Association (AAA)
You waive your right to participate in class actions or class arbitrations
Small claims court actions are permitted if they qualify under applicable rules

13.3 Exceptions

We may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Never Forget Gifts.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

14.5 Contact Us

For questions about these Terms, please contact us at:

Email: support@neverforgetgifts.com
Website: https://neverforgetgifts.com

15. Special Provisions

15.1 California Users

If you are a California resident, you may have additional rights under California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details.

15.2 European Users

If you are located in the European Union or European Economic Area, you may have additional rights under GDPR. Please see our Privacy Policy for details.

15.3 Mobile App

If you access the Service via a mobile application, additional terms may apply as specified by your app store provider.

By using Never Forget Gifts, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: November 9, 2025

Never Forget Gifts
Never BELATEd Again