These Terms govern your use of Gifty for Shopify, provided by Gifty, 2261 Market St, San Francisco, CA 94114 ("Gifty", "we"). By installing or using the app you agree to them on behalf of your business ("you", "merchant").
1. The service
Gifty for Shopify adds a "Send as a gift" block to your product pages. A shopper (the giver) can buy an item for someone without knowing their address. Checkout is normal Shopify checkout with a placeholder shipping address, and the order's fulfillment is put on hold. The recipient receives a link on your store, enters their shipping address, and Gifty then updates the order and releases the hold. You ship a normal order.
2. Eligibility
You must have a Shopify store in good standing and agree to Shopify's terms. You must have authority to bind your business to these Terms.
3. Fees
There is no monthly fee and no setup fee. We charge 5% of the gift order's total, only when the recipient claims the gift. Charges are capped at $500 USD per 30-day billing cycle unless you approve a higher cap in the app. Fees are billed through Shopify Billing and appear on your Shopify bill. Billing currently supports stores whose currency is USD. You approve the charge once in the app during setup. You can cancel at any time by uninstalling the app. Shopify's billing terms also apply.
4. Your responsibilities
You are the seller of record. You are responsible for:
- Fulfillment, shipping and returns for gift orders.
- Collecting, reporting and remitting your own taxes.
- Customer service for your shoppers.
- Completing the setup steps, including setting a single flat gift shipping rate, and keeping them correct. Shopify does not re-rate shipping when an address changes.
- Complying with the laws that apply to your business and products.
5. Placeholder-address orders and holds
Gift orders carry a placeholder address and a fulfillment hold until the recipient claims the gift. Do not ship an order that is still on hold. If a gift is not claimed within the claim window (14 days by default, configurable in settings), Gifty cancels the order, refunds the giver and restocks the item.
Gifty's tax ceiling approach charges tax at your store's highest registered jurisdiction rate so that checkout does not undercharge. When the real address arrives, Shopify re-rates the tax and Gifty refunds the difference to the giver. This is a tool and not tax advice.
6. Uninstalling
Shopify revokes our access when you uninstall, so we cannot refund or cancel orders afterwards and open gift links stop working. A day after uninstall we email givers, emailed recipients and you, with a list of held orders to release or refund. Reinstalling within that day cancels those emails. The app warns you in settings how many open gifts an uninstall would strand. You are responsible for resolving orders that are open when you uninstall.
7. Acceptable use
You will not use the app to break the law, to sell prohibited or restricted goods, to send spam, to interfere with or probe the service, or to misuse personal information.
8. Data processing
For personal information about givers and recipients, you are the controller and Gifty is your processor (service provider).
- Instructions: we process this information only to provide the service and on your documented instructions, which include these Terms and your use of the app.
- Subprocessors: we use Google Cloud Platform (hosting and database, United States) and Resend (transactional email), and will update our Privacy Policy if this changes.
- Security: we use appropriate technical and organizational measures to protect the data.
- Breach notice: we will notify you without undue delay after becoming aware of a breach affecting your data.
- Confidentiality: people with access to the data are bound to keep it confidential.
- Assistance: we will reasonably help you respond to data subject requests and will pass on requests we receive. Privacy requests can be sent to privacy@teamgifty.com.
- Deletion: addresses on a gift are deleted 90 days after the gift ends, and all of your shop's data is deleted 48 hours after uninstall when Shopify sends shop/redact. We also act on Shopify's customers/redact requests.
Our Privacy Policy describes the data in more detail.
9. Intellectual property
Gifty owns the app and its content. We grant you a limited, revocable, non-transferable license to use it while these Terms are in effect. You keep all rights to your store, products and content.
10. Disclaimers
The service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the service will be uninterrupted or error-free.
11. Limitation of liability
To the fullest extent permitted by law, Gifty will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue. Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim arose.
12. Termination
You may stop using Gifty at any time by uninstalling the app. We may suspend or terminate your access if you breach these Terms or if we stop offering the service. Sections that by their nature should survive will survive termination.
13. Changes
We may update these Terms. We will post the new version here with a new effective date, and for material changes we will notify you. Continuing to use the app after the effective date means you accept the changes.
14. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict of law rules. Disputes will be brought in the state or federal courts located in San Francisco County, California.
15. Contact
contact@teamgifty.com. Gifty, 2261 Market St, San Francisco, CA 94114.