Terms of Use

Last updated: June 6, 2026 · Effective date: June 6, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE REALGIFTS APPLICATIONS, THE WEBSITES GETREALGIFTS.COM AND REAL-GIFTS.COM (THE "SITE"), THE SERVICES AVAILABLE ON THE SITE, OR ANY SERVICES MADE AVAILABLE BY OUR PARTNERS THROUGH THE REALGIFTS JAVASCRIPT CLIENT, API, WIDGETS, OR OTHER PLUGINS (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU ("YOU") AGREE TO THESE TERMS OF USE (THESE "TERMS"). IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

The Service is operated by RealGifts, LLC, a Nevada limited liability company ("RealGifts," "we," "us," or "our"). YOUR CONTINUED USE OF OR ACCESS TO THE SERVICE WILL BE DEEMED ACCEPTANCE OF THESE TERMS, INCLUDING ANY UPDATES.

IMPORTANT, DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES AND CANADA: the Disputes, United States and Canada section below requires you to resolve disputes with us on an individual basis through binding arbitration and to waive your right to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms, as described in that section.

What This Means in Plain English

THIS SUMMARY IS NOT PART OF THE TERMS, IS NOT LEGAL ADVICE, AND DOES NOT MODIFY OR REPLACE THE FULL TERMS. The full text of the Terms below is the controlling agreement. If anything in this summary appears to conflict with the full Terms, the full Terms govern.

• The Service is a gifting, rewards, and incentives platform, powering gift shops, reward and prize shops, and wishlists. We connect senders, recipients, and partners (such as merchants, fulfillment providers, and gift-card issuers). See Acceptance & Eligibility.
• You must be at least 18 to use the Service, and you may have only one account per person. Your account belongs to RealGifts and is granted to you as a personal, revocable, non-transferable license. Don't share your account or credentials. See Accounts.
• We may suspend or terminate your account, with or without notice, if we reasonably believe you violated these Terms, your account is compromised, or your activity poses a risk to the Service, other users, or third parties. We may also pause your account (and any Store Credit) while we investigate. See Termination.
• Some products and gift cards on the Service are sold or fulfilled by third-party brands and merchants. Their warranties (if any) come from them, not from RealGifts. See No Warranties.
• Pricing, refunds, and our authenticity guarantee are described in their own section. Returns may be subject to fees as described in our Returns policy. See Pricing & Authenticity Guarantee and Returns.
• We use industry-standard safeguards to protect your information, but no system is perfectly secure. We are not liable for events outside our reasonable control (third-party criminal acts, partner / user actions beyond our control, inaccurate information you provide, or force majeure). See Privacy and Limitation of Liability.
• Our maximum total liability to you is generally capped at the amounts you have paid to RealGifts in the 12 months before the claim, and in no event more than US$50. If you have not paid RealGifts anything in that period, our maximum total liability to you is US$0. Some jurisdictions do not allow these limits; where they don't, the limits do not apply to you. See Limitation of Liability.
• If you live in the United States or Canada and have a dispute with us, you and RealGifts agree to first try to resolve it informally for at least 60 days, and then to settle the dispute through individual binding arbitration administered by either the American Arbitration Association (AAA) or JAMS (as RealGifts selects, with AAA as the default) in Clark County, Nevada (with hearings available by phone, video, or document submission as the administrator's rules allow). You give up your right to a jury trial and your right to participate in a class action. You may bring eligible claims in small-claims court instead. You may opt out of arbitration within 30 days of first accepting these Terms as described in that section using the methods in Contact. See Disputes, United States and Canada.
• If you live outside the United States and Canada, the Terms are governed by Nevada law and Clark County courts by default, BUT mandatory consumer-protection rights in your country (including in the EEA, UK, Switzerland, Australia, and New Zealand) continue to apply and are not waived by these Terms. See Disputes, Other Countries and International Users.
• We may change the Service or these Terms; for material changes we'll give reasonable notice. Continued use after changes take effect means you accept the updated Terms. See Changes to These Terms and Changes to the Service.
• We use automated systems (including AI / machine learning) for fraud detection, content moderation, ranking, and other operational purposes. Where applicable law gives you the right, you may request human review of automated decisions that significantly affect you. See Automated Processing and AI Notice.
• Our Privacy Policy describes what personal information we collect, how we use it, and your privacy rights. See the Privacy Policy.

The full Terms below govern your use of the Service. If you have questions, contact us, see Contact.

Acceptance, Eligibility & Changes to These Terms

By accessing or using the Service, including the RealGifts applications and any partner integrations made available through the RealGifts JavaScript client, API, widgets, or other plugins, you agree to these Terms, whether you use the Service as a visitor ("Visitor") or as a registered member ("Member"). The term "User" refers to a Visitor or a Member.

The Service is intended for users 18 years of age or older. By using the Service, you represent and warrant that you are at least 18, that all registration information you submit is truthful and accurate, that you will keep it accurate, and that your use of the Service does not violate any law or regulation. We may, in our sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time.

We may update these Terms from time to time. When we do, we will post the updated Terms here and update the "Last updated" date above. For material changes, we will provide reasonable advance notice (for example, by posting a notice on the Site or by email where required by law). Your continued use of the Service after the effective date of an updated version constitutes acceptance.

Text Messages (SMS)

If you provide a mobile number and opt in, we (or others acting on our behalf) may send you text messages about transactions, gifts, delivery updates, security, and, where you have agreed, marketing. Message frequency varies. Message and data rates may apply. Consent to receive marketing texts is not a condition of any purchase. You can opt out of texts at any time by replying STOP to a message from us, and reply HELP for help. Carriers are not liable for delayed or undelivered messages, and standard carrier terms apply. By providing a mobile number, you represent that you are the subscriber or customary user of that number and will notify us if it changes. Your consent to electronic communications and electronic signatures is described in the Integration, Severability & Miscellaneous section below.

Privacy

Our Privacy Policy (the "Privacy Policy") is incorporated into these Terms. We use commercially reasonable administrative, technical, and physical safeguards designed to protect personal information. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

To the maximum extent permitted by applicable law, RealGifts and its affiliates and agents are not responsible or liable for any unauthorized access to, disclosure of, or other unintended processing of personal information that arises out of or relates to:

• third-party criminal acts (including hacking, account takeover, phishing, social engineering, or other unauthorized access) not caused by RealGifts' gross negligence or willful misconduct;
• the acts or omissions of partners, recipients, gift senders, or other users of the Service that are beyond RealGifts' reasonable control;
• inaccurate, incomplete, or outdated information you (or a sender on your behalf) provide to us; or
• events of force majeure as described in the Force Majeure section below.

Nothing in this paragraph limits any liability that cannot be limited under applicable law (including for fraud, gross negligence, or willful misconduct).

To report a privacy concern, email privacy@getrealgifts.com or contact us at the address in the Contact section below.

Rules and Conduct

You agree to use the Service only for lawful, personal purposes permitted by these Terms. "Content" means any information, data, text, software, scripts, graphics, and interactive features made available by us or our partners on or through the Service.

You will not, and will not permit any third party to, take any action or upload, post, transmit, or otherwise distribute any content or application that:

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;
• includes a photograph or other identifying information about another person without that person's consent;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk email, or spam;
• involves contests, sweepstakes, barter, advertising, or pyramid schemes without our prior written consent;
• sells, transfers, or markets your account or profile;
• covers, obscures, or impersonates any RealGifts user interface or branding;
• contains software viruses, ransomware, or any other code, files, or programs designed to disrupt, damage, limit, or interfere with the proper function of any system, or to obtain unauthorized access to any system or data;
• constitutes non-consensual intimate imagery (including images shared without the depicted person's consent), sexually explicit content involving any non-consenting individual or any minor, or any content that sexually exploits, abuses, or endangers a minor;
• harasses, threatens, stalks, intimidates, or incites violence against any person;
• promotes self-harm, suicide, terrorism, or real-world violence;
• harvests email addresses, phone numbers, or other contact information of other users for unsolicited contact;
• uses automated scripts, bots, or scrapers to collect information from or interact with the Service without our written consent; or
• impersonates any person or entity, including any officer, director, employee, or agent of RealGifts.

You also will not (i) impose an unreasonable or disproportionately large load on RealGifts or its providers; (ii) interfere with the Service or any activities conducted on it; (iii) bypass any measures we use to prevent or restrict access; (iv) decipher, decompile, disassemble, reverse engineer, or attempt to derive any source code or underlying ideas of any part of the Service, except where applicable law specifically prohibits such restriction; or (v) modify, translate, or create derivative works of any part of the Service.

You will comply with all applicable local, state, national, and international laws.

Accounts

To use certain features of the Service you must register and choose a password. You will provide accurate, complete, and updated registration information.

• One account per person. You may register and maintain only one account per person, except where we expressly permit additional accounts in writing or through documented Service features. Creating, using, or maintaining multiple accounts to circumvent these Terms, our pricing, our promotional rules, or our security or anti-abuse measures is a material breach.
• Account ownership. RealGifts owns and controls the technical, account, and identifier infrastructure of the Service. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use your account in accordance with these Terms. You have no ownership interest in your account, in any internal identifiers, or in any Store Credit balance or other in-account value (which is governed by our Pricing & Authenticity Guarantee, RealGifts Service, and Returns sections).
• Identity verification. We may, at any time and at our sole discretion, require you to verify your identity, your payment method, your address, or other registration information. We may suspend or limit access to all or any part of the Service until verification is complete. We may use third-party identity-verification, fraud-screening, and sanctions-screening providers and may share information with them for these purposes.
• Account security. You are responsible for activity on your account, for safeguarding your credentials, and for promptly notifying us of any unauthorized use of your account or any other security concern. We may suspend or terminate access immediately, without prior notice, if we reasonably believe your account has been compromised, is being used in violation of these Terms, or poses a risk to the Service, other users, or third parties.
• Non-transferable; survives death. Your account, your credentials, and any Store Credit are personal to you and are not transferable. All rights to your profile and the contents of your account terminate upon your death.

Third-Party Sites and Partner Integrations

The Service may include links to third-party sites and may be embedded into partner sites and applications through the RealGifts JavaScript client, API, widgets, and plugins. RealGifts is not responsible for the content, functions, accuracy, legality, or practices of any third-party site or partner integration. Your interactions with partner sites are governed by those partners' own terms and privacy policies.

When the Service is embedded into a partner's site or application, actions you take through the Service, such as purchasing, redeeming, or exchanging a gift, adding or removing items from a wishlist, or viewing a wishlist, may be communicated to that partner and may trigger features on the partner's own platform, such as activity or news-feed posts, notifications, or other displays of your activity. RealGifts does not control those partner-side features, and your activity as displayed on the partner's platform is governed by that partner's own terms and privacy policy. Please review the partner's settings and policies if you wish to control how your activity appears there.

If you are a partner using the RealGifts API, JavaScript client, or widgets to provide services to your end users, your business relationship with RealGifts is governed by the API License Agreement, not by these consumer Terms.

Pricing & Authenticity Guarantee

RealGifts provides competitive pricing and guarantees the authenticity of goods. Goods are generally listed at or below MSRP and at or below the prices found at major department stores. Although RealGifts does not price-match, particularly with respect to items priced elsewhere online, RealGifts guarantees the new condition and authenticity of the goods it sells. However, this guarantee does not extend to any items added to a Wishlist via a third-party source where the item is not fulfilled directly by RealGifts or its partners. If you find an item sold by RealGifts that is available for less at a major brick-and-mortar retailer, please let us know at contact@getrealgifts.com.
If you find an item sold by RealGifts that is available for less online, please be advised that while RealGifts guarantees the new condition and authenticity of its goods, other online sellers may not. Please be aware that the United States economy alone is affected by $250 to $500 billion dollars per year in estimated counterfeiting costs. Counterfeiting is the passing off of imitation products as authentic brand-name goods. Counterfeit products are typically of poor quality and lack the features that make designer goods so sought-after, such as real precious metal content, real premium materials, superior craftsmanship, or fundamental qualities such as protection against UV radiations.
In some cases, RealGifts may include a service fee that is reflected in the delivery or item price or elsewhere and this generally modest fee is due to processing costs associated with particular products and such fees may be nonrefundable as determined by RealGifts at its sole discretion. RealGifts reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by electronic mail or message delivery to you.
RealGifts shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. RealGifts shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other payment account has been charged.
At all times, including during sale and promotional periods, a limited number of gifts are available at the listed price. Gift pricing during sale or promotional periods is only available for a limited quantity of gifts and/or while supplies last. Under no circumstance is RealGifts responsible for honoring a sale or promotional price due to an error of any kind, or if your gift purchase did not occur during the sale or promotional period. All promotional items unclaimed after 90 days will expire unless otherwise noted, and the value of such promotional items shall be the greater of zero or the amount paid for the promotional item or promotional portion of the transaction only; and such claimed or unclaimed promotional items shall have zero cash value and are not redeemable for cash in any case, and are only eligible for Store Credit for any balance paid by the purchaser for the promotional item or promotional portion of the transaction; and in every case that a promotional item is given to the purchaser at zero additional cost and only as an incentive to complete a transaction, those promotional items shall have zero value and may in no way be redeemed or exchanged for cash or Store Credit or other compensation of any kind.

Gifts

The selection of gifts available in our store may include a variety of physical gifts (such as edible chocolates or wearable jewelry), electronic gifts (such as electronically-deliverable gifts), or virtual gifts (online-deliverable graphical icons or illustrations). When you place an order, you are paying for RealGifts' gifting service, and the recipient receives Store Credit (a promotional benefit, as described in the Store Credit and Gift Cards section) to apply toward their choice of available gifts, including the gift that you selected, and the gift that you selected is only a suggestion for the recipient of the gift toward which you would like the funds applied, which allows the recipient the flexibility to exchange for something different. At the time of your purchase, the recipient is notified to redeem, exchange, apply, or otherwise use the gift or Store Credit you have transacted. Although we aim to provide an accurate representation of the gifts on our Site, the Site's pictures, graphics, icons, and descriptions are for representative and illustrative purposes only, and the actual gifts delivered may be different than what is represented on the Site. Statements made in gift descriptions and throughout the Site have not been evaluated by the Food and Drug administration. Gifts are not intended to treat, cure or prevent any disease. RealGifts may at its sole discretion provide you with a one-time offer to exchange your gift for Store Credit and your choice of whether or not to participate in any such offer is final. Gift sales or redemptions of Store Credit or exchange are limited to the gifts that are available in our store at the time of your present transaction, not at the time of your original or previous transaction in the case of redemption of Store Credit or substitution or exchange, and may be limited geographically or categorically, and do not necessarily include the same gifts or types of gifts, items, or services that may have been available at a prior date. Certain gifts, like eGifts and Wishlist items added from third-party websites may not be eligible to be sent to yourself. Certain gifts are digital membership or subscription benefits provided by the partner site, app, or service through which you transact (for example, a “premium” or upgraded-access membership). These are fixed-redemption gifts: they may be redeemed only for the specific membership or subscription benefit described, are not exchangeable for Store Credit or for a different gift, and are fulfilled when that partner activates or extends the benefit for the recipient. When you purchase such a gift for yourself, it is claimed automatically and the benefit is activated for you. When you send one to someone else, some memberships are configured to be claimed automatically as well, so the benefit is activated for the recipient at the time of purchase, with no action required on their part, while for other memberships the recipient must claim it (which may require an account with that partner) before the benefit is activated; an unclaimed membership gift (where claiming is required) is handled like any other unclaimed gift under the RealGifts Service and Gifts sections. Because a membership or subscription benefit is delivered when it is activated or extended, an occurrence that has been activated is not refundable, consistent with the Pricing & Authenticity Guarantee and RealGifts Service sections. Store Credit cannot be used to buy other eGifts or items added to your Wishlist from third-parties outside of our store, or other items sold outside of our store. Additionally, Store Credit may only be applied toward a subset of gifts available in our store, as determined by RealGifts at its sole discretion. Gifts are available in limited quantities and while supplies last. If a selected gift becomes unavailable, out of stock, discontinued, cannot be sourced, or cannot be delivered or supported to the destination, RealGifts may substitute a comparable gift or issue promotional Store Credit of equivalent value to the recipient and/or purchaser, as determined by RealGifts at its sole discretion.

Automatic Acceptance and Handling

Any gift, of any type, may be accepted and handled automatically rather than by a manual action you take at the time. Through the settings available in your account or in a partner’s gifting widget, you may instruct RealGifts in advance to handle gifts sent to you automatically, for example, to automatically accept a gift and proceed to deliver it to the address on file, or to automatically exchange a gift for Store Credit, either immediately or after a delay you choose. RealGifts may also automatically accept, handle, convert to Store Credit, or otherwise dispose of a gift that is not claimed or handled within the applicable period or that cannot be delivered, as described in the RealGifts Service and Gifts sections, so that a gift does not remain open indefinitely. When a gift is accepted, claimed, exchanged, redeemed, or otherwise handled automatically, whether by your standing instruction, by a partner-configured automatic claim or activation, or by RealGifts, it is treated for all purposes as having been accepted, claimed, exchanged, or redeemed by the recipient at that time, and the same finality applies as if it had been done manually: delivery proceeds, or Store Credit is issued, accordingly, and the transaction is governed by the Pricing & Authenticity Guarantee, RealGifts Service, Store Credit and Gift Cards, and Returns sections (including that a gift, occurrence, or Store Credit conveyance that has been accepted, claimed, redeemed, exchanged, or delivered is final and is not refundable). An automatic exchange for Store Credit made under a standing instruction is authorized by you and is final in the same way as the one-time exchange offer described in the Gifts section, and any automatic-handling instruction you set continues to apply until you change or remove it. You are responsible for your settings and for keeping a current, deliverable delivery address on file, because automatic acceptance and delivery rely on the address and preferences then on file. Automatic handling applies subject to the rules for the specific gift: a gift that is fixed-redemption or not exchangeable for Store Credit (for example, certain membership or subscription benefits) will be handled only in a manner consistent with the Gifts section, and some gifts or settings may be unavailable, restricted, or require a deliverable address before automatic acceptance can take effect.

Delivery

Most gifts are eligible for International Delivery to many worldwide destinations, but certain gifts will be delivered to locations within the continental U.S. only. Gifts will not be delivered to P.O. Box, APO, or FPO addresses unless otherwise specified. If RealGifts determines that a gift cannot be delivered to the recipient's delivery address then Store Credit will be issued for the item, less any shipping or other fees that may be incurred by RealGifts, to the recipient and/or purchaser as determined by RealGifts at its sole discretion. Gifts that are eligible for International Delivery are subject to customs policies that vary from country to country. Most small orders arrive duty free, however the recipient may be subject to import duties and taxes once a shipment reaches their country. Charges for customs clearance must be paid by the recipient and unfortunately, we have no control over these charges. The purchaser and/or recipient is responsible for supplying a correct and deliverable delivery address at the time of purchase and/or delivery address entry request. The purchaser is solely responsible for correct and deliverable delivery address entry. If the purchaser does not provide a delivery address, although RealGifts will attempt to contact and notify the recipient to provide the delivery address, RealGifts is not responsible for causing the recipient to provide the delivery address. The purchaser may be responsible for additional charges in the event of an incorrect or undeliverable delivery address, and in no event will a transaction be refunded in full or in part due to lack of delivery address entry, or incorrect or undeliverable address entry. Any delivery notifications issued by RealGifts may be estimates and should be seen as expected delivery dates only, and the purchaser is encouraged to follow up with the recipient to ensure gifts are received. Orders for gifts available for same-day delivery must be received and made deliverable by entry of a deliverable delivery address by 2pm Monday thru Friday and 11am weekends, in the recipient's time zone. Gifts that are not delivered on the expected day may be delivered the following day or a subsequent available day. All orders corresponding to a promotional offer are subject to additional processing time of up to one week or more based on volume, availability, and other factors.

RealGifts Content Generally

You agree that the Service contains Content specifically provided by RealGifts or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by RealGifts in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, RealGifts hereby grants you a limited, non-exclusive, revocable, non-sublicensable license to download or print any portion of the Site or the Content (excluding any software code, any Content of the Site or Service intended for the exclusive use of RealGifts or its partners, and any confidential Content) for your personal, non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of RealGifts. Any use of data mining, robots or similar data gathering of the Content in the Site is strictly prohibited.

RealGifts Service

Any delivery date, delivery window, requested timing, or recurring-occurrence schedule is a scheduling target and an estimate only, and is not a guarantee. Gift processing, fulfillment, and arrival dates are subject to a variety of factors, many beyond RealGifts' control, including, but not limited to: holidays, weekends, recipient gift acceptance and response timing, recipient settings, delivery address, special shipping requirements, freshness, and product, gift, or feature availability; processing, fulfillment, and order-review delays; fraud, risk, security, or compliance reviews; vendor, merchant, carrier, or other third-party delays or issues; technical errors, bugs, or defects in our or our partners' systems or documentation; the modification, suspension, discontinuation, or termination of any feature, API, or partner integration, or its availability; scheduled or unscheduled system maintenance or downtime; and events of force majeure. RealGifts will use commercially reasonable efforts to deliver gifts on or near any requested date, window, or recurring schedule, but does not and cannot guarantee delivery by, or fulfillment of any occurrence on, any particular date, time, or interval, and is not responsible or liable for any delayed, rescheduled, or missed delivery or occurrence, except for any refund or Store Credit obligations expressly provided in these Terms. Any refund or Store Credit obligation under these Terms applies only to a gift, occurrence, or Store Credit conveyance that has not already been accepted, claimed, redeemed, exchanged, or delivered. RealGifts owes no refund, Store Credit, or other reimbursement for any gift, occurrence, item, or Store Credit that has already been accepted, claimed, redeemed, exchanged, or delivered, including, for a recurring or subscription gift, any occurrence already fulfilled, accepted, or delivered, even if a later occurrence under the same recurring gift is paused, cancelled, or not accepted, delivered, or fulfilled. Because the gift a sender selects is only a suggestion, and the recipient may instead redeem, claim, or exchange it for Store Credit or for a different available gift, RealGifts is not required to deliver the specifically suggested gift and owes no refund, Store Credit, or other reimbursement on the ground that a particular suggested gift was not claimed, delivered, or fulfilled, where the recipient has received, exchanged for, or been issued Store Credit or another gift, or has been given the opportunity to do so. Don't commit to a transaction unless you are ready to pay, because all sales are final. RealGifts is not responsible for inaccurate or incomplete delivery addresses. Although our delivery service providers use industry best practices, certain gifts are perishable or may be damaged or stolen if the recipient does not promptly receive or sign for the gift. RealGifts and its partners cannot be held responsible if the recipient is not available to receive the gift. RealGifts and its partners are not responsible for the condition of gifts upon arrival or for gifts that are stolen after delivery. All claims relating to defective, damaged, non-received, or otherwise compromised goods, and any other claims relating to goods whatsoever, must be received in writing by RealGifts within 7 days of the actual or estimated delivery date, and in no event later than 30 days after the purchase date, of such goods; all such claims are subject to review and approval, and all other claims received after this timeframe are void, as determined by RealGifts at its sole discretion. Gift card balances are guaranteed at the time of physical or electronic delivery only, and RealGifts is not responsible for lost, stolen, or otherwise compromised physical or electronic gift cards or gift card balances. If your gift card balance was not available upon delivery of the physical or electronic gift card, you must submit your claim via email to contact@getrealgifts.com within 7 days of delivery, and RealGifts will investigate and evaluate your claim at its sole discretion. In the event that RealGifts determines your gift card balance claim or any other claim to be fraudulent, RealGifts will have no choice but to hold you responsible to the fullest extent permissible by law and to recover damages from you relating to any costs associated with replacement, investigation, or evaluation of your false claim. In the event that a gift becomes unavailable for any reason or is out of stock, RealGifts reserves the right to make reasonable gift substitutions or issue Store Credit, as determined by RealGifts at its sole discretion. RealGifts reserves the right to accept order cancellations at its sole discretion, and to withhold a refund processing fee not to exceed thirty percent of the total transaction amount in the event of intentional abuse or misuse of the service, as determined at its sole discretion. If a gift remains unclaimed for a set period, by default fourteen (14) days, or such shorter or longer period as may be configured by the partner through which you transacted or otherwise determined by RealGifts, the purchaser may request cancellation and receive a refund or Store Credit, or RealGifts may cancel the order and issue a refund or convert the gift to Store Credit for the purchaser or recipient at its sole discretion, for any reason, at any time and without prior notice, in all cases less any processing fees not to exceed thirty percent of the total transaction amount. RealGifts may contribute to a charitable organization of its own selection (and charge additional standard processing fees for that transaction) all Store Credit amounts not claimed within 6 months of the associated transaction because RealGifts has been unable to reach either the purchaser or recipient, has not received adequate redemption instructions from the purchaser or recipient, or has not received a request to redeem such Store Credit. RealGifts may elect to apply any Store Credit balance that is unused after 6 months toward a partner or affiliate of its choosing, such as toward monthly membership with the app or service through which you accessed RealGifts, as determined by RealGifts at its sole discretion. Any Store Credit in your account may be transferred or made transferrable to another RealGifts account by RealGifts at its sole discretion. If your account is disabled or deleted at your request or due to your violation of any terms of service of RealGifts or its partners, any remaining Store Credit in your account will be forfeited, as determined by RealGifts at its sole discretion. RealGifts reserves the right to disallow or cancel orders and provide refunds or issue Store Credit to the purchaser or recipient for any reason, at any time and without prior notice.

Recurring Gifts

Some gifts can be set up to repeat, for example, daily, weekly, or monthly, either for a fixed number of occurrences or, if you choose, on an ongoing basis until you cancel. If you choose an ongoing (until-cancel) recurring gift, you authorize RealGifts to charge your selected payment method automatically for each occurrence, at the then-current price and on the schedule you selected, until you cancel. Before you confirm a recurring gift, we will present the amount, the frequency, and the number of occurrences (where limited). Any dates, frequencies, or intervals you select are scheduling targets only; the processing and delivery timing of each occurrence is an estimate and is not guaranteed, as described in the RealGifts Service section. You can cancel a recurring gift at any time, and cancellation is easy, you may cancel in your account settings or by contacting us at contact@getrealgifts.com. Cancellation stops future occurrences; occurrences already processed or in fulfillment are governed by the Pricing & Authenticity Guarantee, RealGifts Service, and Returns sections. We may pause, suspend, modify, or cancel a recurring gift, in whole or in part, with or without advance notice, if: a payment fails, or a payment method expires or is declined; a selected gift (or a comparable substitute) becomes unavailable, out of stock, discontinued, or undeliverable to the destination; we are required to act by law or to address suspected fraud, abuse, or a risk to the Service, our users, or third parties; an event of force majeure prevents or impairs performance; the partner site, app, integration, or feature through which you set up the recurring gift is discontinued, suspended, or terminated; or as otherwise described in these Terms. If we pause or cancel a recurring gift, we will not charge you for any occurrence we do not fulfill, and any amount already paid for an unfulfilled occurrence will be handled under the Pricing & Authenticity Guarantee, RealGifts Service, and Returns sections (for example, by Store Credit or refund). Occurrences in the same recurring gift that were already fulfilled, accepted, claimed, redeemed, exchanged, or delivered are not refundable or reimbursable, even if a later occurrence is paused, cancelled, or not fulfilled. A pause, suspension, modification, or cancellation made under this paragraph is not a breach of these Terms, and apart from those refund or Store Credit obligations we are not liable for it. Where required by applicable automatic-renewal law, we will provide the disclosures and renewal reminders and honor the cancellation rights those laws require. A recurring gift may be a recurring membership or subscription benefit (for yourself or, where offered, for someone else); each occurrence is processed and the benefit activated or extended on the schedule you authorize, and you may cancel future occurrences at any time as described above. Where the partner site, app, or service through which you set up the recurring gift collects your recurring-billing authorization in its own interface, that authorization and any automatic-renewal disclosures are presented to you there, and these Terms continue to govern the underlying charge and your cancellation rights. For recurring gifts, your acceptance of these Terms at setup governs continued occurrences unless we notify you of a critical change that requires your re-acceptance before further billing.

Store Credit and Gift Cards

RealGifts Store Credit is a promotional benefit, not purchased stored value. When you place an order, the consideration you pay is for RealGifts' gifting service, which may include, for example, conveying or suggesting a gift (including a physical, electronic, virtual, or icon gift); notifying the recipient and sending related gift, delivery, and activity notifications to the recipient and, where applicable, to you; and issuing and administering the promotional Store Credit described below. As part of that service, RealGifts issues promotional Store Credit that is applied toward the suggested gift and that the recipient may redeem, claim, or exchange (in some cases for a different promotional value, which may be greater than, equal to, or less than the value applied toward the suggested gift, as determined by RealGifts at its sole discretion). Any Store Credit associated with the Service, whether issued when you place an order, when a recipient exchanges or declines a gift, when a suggested, virtual, or icon gift is converted to Store Credit, or when Store Credit is returned to a sender, is a promotional, loyalty, and award benefit furnished in connection with that service, and arises whether or not any gift is ultimately delivered or accepted. Store Credit is not a gift certificate, store gift card, general-use prepaid card, deposit account, or stored cash value; it carries no cash value; and it is not redeemable for cash except where applicable law requires.

Store Credit is closed-loop: it is redeemable only within the RealGifts store and widget, toward the gifts and products RealGifts makes available (which may include virtual or icon gifts, and may include select third-party gift cards or gift certificates that are themselves closed-loop, that is, redeemable at a single merchant or a group of affiliated merchants, which RealGifts offers as gift items). Where Store Credit is applied toward such a third-party closed-loop gift item, RealGifts acts as a reseller or distributor and is not the issuer; upon delivery and acceptance, that third-party item is governed by its issuer's terms and applicable law, as described in the Actual third-party gift cards provisions below. Store Credit is not redeemable for, convertible into, or transferable to cash or any cash-equivalent; any open-loop, network-branded, or general-use prepaid or payment instrument (for example, a general-purpose Visa, Mastercard, American Express, or Discover prepaid card); or any gift card, gift certificate, or stored-value instrument redeemable across unaffiliated merchants. Because Store Credit is usable only with RealGifts in this way, it is not itself a general-use prepaid card. Not every item that can be displayed, added, requested, or synced through the Service is eligible for Store Credit redemption; some items, including items sourced, added, or synced from third-party or external sites or services, may not be redeemable with Store Credit and may require payment by another method. RealGifts determines which items, categories, and sources are eligible for Store Credit redemption on a case-by-case basis and in its sole discretion, and may change eligibility at any time.

Separately from Store Credit redemption, RealGifts may also make third-party products, gift cards, or gift certificates available for purchase using a payment method (and not redeemed with, or convertible from, Store Credit), including items that may be redeemable across unaffiliated merchants. For any such sale, RealGifts acts as a reseller or distributor and is not the issuer, and the item is governed by its issuer's or provider's terms and applicable law.

Store Credit is not a deposit, money, a general-use prepaid card, a store gift card sold for value, or any stored-value instrument, and the holder pays no consideration for the Store Credit balance itself; any amount paid is consideration for RealGifts' gifting service. Any card-style, themed, illustrative, or decorative graphic used to present a gift or Store Credit is a promotional representation of the gift benefit and does not constitute, or convert Store Credit into, a gift card, prepaid card, deposit, or stored-value instrument, and confers no cash, open-loop, or generally-spendable value.

In the typical gifting transaction, the person who holds Store Credit (the recipient) is not the person who paid (the sender), and the recipient pays no consideration to receive Store Credit. A recipient may choose to apply their own additional payment toward an item whose price exceeds their available Store Credit; any such additional payment is consideration for that item and RealGifts' service and does not purchase Store Credit or create stored value. The promotional value issued may be greater than, equal to, or less than any amount paid, as determined by RealGifts in its sole discretion.

Store Credit is issued in connection with RealGifts' promotional, loyalty, and rewards program and is a benefit of that program, not a financial product, account, or instrument.

Tied to an active account; expiration, forfeiture, and transfers. Store Credit is usable only within the Service and, except as described below, only while your account is active and in good standing. The gifts, items, and categories for which Store Credit may be redeemed are limited as described in the Gifts section and may change or be limited at any time (including, without limitation, to virtual or icon gifts), as determined by RealGifts at its sole discretion. To the maximum extent permitted by applicable law, RealGifts reserves the right to expire, sweep, or forfeit Store Credit, including, without limitation: immediately upon termination for cause (such as fraud or a violation of these Terms or a partner's terms); upon closure, suspension, deactivation, or termination of your account, whether voluntary or involuntary; after twelve (12) months of account or Store Credit inactivity; when Store Credit remains unclaimed or unused for the periods described in the Gifts and RealGifts Service sections; and in any event no later than five (5) years after issuance, or sooner where permitted by applicable law. Where your account is closed voluntarily and not for cause, RealGifts will provide a period of at least thirty (30) days after closure during which you may redeem your remaining Store Credit, or request a transfer as described below, before it expires. A closure or deletion requested on your behalf by a partner (for example, through a partner site or app where you use the Service), at your request or direction and not for cause, is treated as a voluntary closure for this purpose. Where a partner discontinues the integration through which you received Store Credit, you may continue to redeem your remaining Store Credit at gift.me, RealGifts' redemption site, subject to these Terms. As an alternative to forfeiture and in lieu of any cash payment, RealGifts may (but is not required to) provide continued limited, redemption-only access to your remaining Store Credit through gift.me or, where offered, allow you to transfer it to another participating service; such redemption and any transfer are in goods and services only and never for cash. RealGifts may, but is not required to, allow you to transfer Store Credit to another RealGifts account, to gift.me, or to another participating service, and may decline any transfer for any lawful reason (including a suspension or termination for cause). A reasonable transfer or processing fee may apply to any such transfer; the applicable fee (which may be less, or waived) will be disclosed to you before you confirm the transfer, and transferring is optional. Where you direct a transfer or account synchronization, or where RealGifts conveys or migrates your Store Credit or wishlist to its redemption service or another RealGifts subsidiary or affiliate (including automatically, such as when an integration is discontinued or to let you continue to access or redeem your balance), you authorize RealGifts to share the information needed to carry it out, as described in our Privacy Policy. RealGifts may also void or offset Store Credit obtained through fraud, chargebacks, stolen payment instruments, or other abuse, to the extent of the associated loss. The disclosures, timeframes, sweep, charitable-contribution, partner-application, processing-fee, and forfeiture provisions in the Gifts, Pricing & Authenticity Guarantee, and RealGifts Service sections also apply to Store Credit. We do not charge dormancy or inactivity fees except as permitted by applicable law. These provisions are intended to qualify RealGifts Store Credit as a loyalty, award, or promotional benefit that is excluded from the expiration and fee restrictions applicable to purchased gift cards under the federal Credit CARD Act, Regulation E, and analogous state laws; where any applicable law (including unclaimed-property or escheat law) nonetheless restricts expiration or forfeiture, or requires that value be remitted to a governmental authority, RealGifts will comply with that law.

Actual third-party gift cards (delivery-triggered). Some gifts are actual third-party closed-loop gift cards (for example, a branded retailer gift card). Until such a gift card is delivered to and accepted by the recipient, the funds applied toward it are treated the same as any other Store Credit under this section, a promotional benefit, with the rights, expiration, and forfeiture described above, and no third-party stored value exists. Only upon delivery and acceptance does the gift card become the stored-value obligation of its third-party issuer, after which its expiration, fees, and redemption are governed by the issuer's own terms and by applicable law (including, where applicable, the federal Credit CARD Act's limits on expiration and fees). RealGifts is not the issuer of those third-party gift cards, as described in the Third-Party Brands and Fulfillment provisions.

Returns, Replacements & Exchanges

Some gifts may be returnable, but most are generally not because items are considered used once a recipient has taken possession, such as by gift acceptance or delivery. Examples of gifts that are not returnable include eGifts, items that are perishable, special order items, and items of a personal nature. RealGifts reserves the right to accept returns that are in unused-undamaged-new and re-sellable condition in the original packaging within 14 days of purchase for full or partial Store Credit or exchange at its sole discretion, less a restocking fee of thirty percent or $25, whichever is greater. Items eligible for replacement will be applied at fifty percent of the original purchase price toward the equivalent replacement item, as determined by RealGifts at its sole discretion. Items fulfilled by a third-party may not be eligible for return, replacement, or exchange. Items returned without a Return Merchandise Authorization number issued and authorized via contact@getrealgifts.com will not be accepted for return, replacement, or exchange and will be returned to the recipient at the recipient's expense or will be deemed abandoned if RealGifts does not receive instruction or payment for return shipment to the recipient plus reimbursement of $15 processing cost within 30 days and in advance of the return shipment to the recipient.

Promotions

From time to time RealGifts may offer promotions, discounts, sweepstakes, contests, or similar offers. When offered, each promotion is governed by its own separately posted promotion-specific rules or terms in effect at the time of the offer; those promotion-specific rules are not part of these Terms and, with respect to that promotion, control over any conflicting provision of these Terms. Promotions may be added, modified, suspended, or discontinued at any time, as described in the Changes to the Service section, and information about current or past promotions, where applicable, may be made available on our Promotions page or in the applicable promotion's posted rules. Promotional items, and any promotional portion of a transaction, are subject to the valuation, expiration, and forfeiture provisions of the Pricing & Authenticity Guarantee, RealGifts Service, and Store Credit and Gift Cards sections.

User Submissions

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content (including, without limitation, information, data, messages, and images) to the Service ("User Submissions"). By posting User Submissions on or at the Site or otherwise through the Service, you:

• grant to RealGifts, its affiliates and their assignees a perpetual, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute (within the Service), make derivative works of and otherwise exploit such User Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
• represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by RealGifts (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
• acknowledge that such User Submissions may not be treated confidentially, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.

You shall not provide RealGifts with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. RealGifts does not endorse and has no control over any User Submission and does not guarantee that the privacy or secrecy of any User Submission will be maintained, regardless of any written, oral, or otherwise perceived statements or implications to the contrary.

RealGifts has no obligation to monitor the Site, Service, Content, or User Submissions. RealGifts may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Termination

RealGifts may terminate, suspend, restrict, or limit your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service or contact us as described in the Contact section.

Investigation suspension. We may suspend access to your account without prior notice while we investigate any suspected violation of these Terms, suspected fraud, suspected abuse of the Service, or any threat to the Service, our users, or third parties. During any such suspension we may freeze any associated Store Credit and withhold any payments or refunds pending the outcome of the investigation.

Effect of termination. On termination, your right to use the Service ends immediately. All provisions of these Terms which by their nature should survive termination will survive, including (without limitation) ownership and intellectual-property provisions, the Privacy and Limitation of Liability disclaimers, the Indemnification, the No Bots / Scraping enforcement rights, the Disputes and governing-law provisions, and any payment obligations.

Subpoenas and other legal process. If we receive a subpoena, warrant, court order, or other valid legal process seeking records or information about you (other than from a government acting in its enforcement capacity, or where prohibited by law), we may charge you our reasonable costs of responding (including search, retrieval, copying, and attorneys' fees), to the maximum extent permitted by applicable law.

No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. REALGIFTS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Third-Party Brands and Fulfillment. The Service includes third-party brands, products, services, gift cards, experiences, and merchandise that are supplied or fulfilled by third parties (including manufacturers, retailers, restaurants, florists, delivery services, and gift-card issuers). RealGifts makes no representations or warranties about any third-party brand, product, service, gift card, experience, or merchandise. Any warranties (express or implied) regarding such third-party items are provided solely by the applicable third party and not by RealGifts. RealGifts is not the issuer of any gift card or closed-loop product on the Service and is not affiliated with any merchant whose trademarks or gift cards appear on the Service for sale unless expressly stated.

Beta, Preview, and Experimental Features. RealGifts may from time to time offer beta, preview, alpha, pilot, experimental, or "early access" features, programs, or APIs (collectively, "Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE," with no warranty, no service-level commitment, and no indemnification of any kind. RealGifts may modify, suspend, limit, or discontinue any Beta Feature at any time without notice and without liability. Use of Beta Features is at your sole risk.

No Reliance. You acknowledge that you have not relied on any representation, statement, promise, or undertaking made by RealGifts (or by any of its employees, contractors, or agents) that is not expressly set forth in these Terms or the Privacy Policy. Statements made on marketing pages, blogs, social media, press materials, customer-support channels, or other informal communications do not modify these Terms.

No Binding Statements by Support Personnel. Statements made by RealGifts customer-support personnel (including responses to support tickets, chat sessions, calls, and emails) do not modify these Terms. Only a written amendment posted on this page (or a separate written amendment expressly signed by an authorized officer of RealGifts) modifies these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REALGIFTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY:

• (i) FOR ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR SUBSTITUTE GOODS OR SERVICES;
• (ii) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE (REGARDLESS OF SOURCE);
• (iii) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION ARISING OUT OF EVENTS DESCRIBED IN THE PRIVACY PARAGRAPH ABOVE (THIRD-PARTY CRIMINAL ACTS, ACTS OF PARTNERS OR OTHER USERS, INACCURATE INFORMATION YOU PROVIDE, OR FORCE MAJEURE); OR
• (iv) FOR ANY DIRECT DAMAGES IN EXCESS, IN THE AGGREGATE, OF THE AMOUNTS YOU HAVE PAID TO REALGIFTS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, LESS ANY AMOUNTS REALGIFTS HAS PREVIOUSLY PAID YOU IN SATISFACTION OF ANY LIABILITY UNDER THESE TERMS. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER SUBSECTION (iv) EXCEED FIFTY U.S. DOLLARS ($50). FOR USERS WHO HAVE NOT PAID REALGIFTS ANY AMOUNT DURING THAT PERIOD, OUR AGGREGATE LIABILITY UNDER SUBSECTION (iv) WILL BE ZERO.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify, and hold harmless RealGifts, its affiliates, and their respective officers, directors, employees, contractors, suppliers, and agents from and against any third-party claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (i) your use of or access to the Service in violation of these Terms;
• (ii) your violation of any law or any right of a third party (including intellectual property and privacy rights);
• (iii) any content or information you submit through the Service; or
• (iv) your willful misconduct or fraud.

RealGifts may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will reasonably cooperate with us. Nothing in this section requires you to indemnify RealGifts for losses caused by RealGifts' own gross negligence, willful misconduct, or fraud, or for any liability that cannot be limited under applicable law.

Force Majeure

Neither RealGifts nor any of its affiliates, agents, partners, suppliers, or service providers will be liable for any failure or delay in performance under these Terms, or for any unavailability of, interruption to, or change in the Service, caused by events beyond its reasonable control. Such events include (without limitation) acts of God; natural disasters; pandemics or epidemics; acts of war, terrorism, or civil unrest; governmental actions, sanctions, or trade restrictions; labor disputes; fires, floods, or earthquakes; internet, hosting, telecommunications, or utility outages; denial-of-service or other cyber attacks; supply-chain failures; courier or delivery-service failures; and failures of third-party service providers.

The affected party will use reasonable efforts to resume performance as soon as reasonably practicable. This section does not relieve you of any payment obligations.

No Fiduciary or Other Relationship

Nothing in these Terms creates any fiduciary, trust, agency, joint venture, employment, or partnership relationship between you and RealGifts. RealGifts is an independent contractor and acts solely on its own behalf in providing the Service. Neither party has any authority to bind the other or to create any obligation on behalf of the other.

No Third-Party Beneficiaries

These Terms are for the sole benefit of you and RealGifts, and no other person or entity (including any gift recipient, sender, partner, affiliate, or service provider) has any right to enforce any provision of these Terms or to claim any benefit hereunder.

Mitigation

You agree to take commercially reasonable steps to mitigate any damages or losses arising out of or related to the Service or these Terms. To the maximum extent permitted by applicable law, your failure to mitigate may reduce the amount you may recover from RealGifts.

Attorneys' Fees for Frivolous Claims

If a court of competent jurisdiction or an arbitrator determines that any claim, defense, motion, or filing brought by you against RealGifts is frivolous, brought in bad faith, or asserted for an improper purpose, RealGifts will be entitled to recover its reasonable attorneys' fees and costs, to the maximum extent permitted by applicable law. Nothing in this section limits any right RealGifts may have to recover attorneys' fees or costs under any other provision of these Terms or under applicable law.

Changes to the Service

RealGifts may modify, suspend, or discontinue any part of the Service, including any feature, content, product, gift category, promotion, partner integration, API endpoint, or other element, at any time, with or without notice. RealGifts will not be liable to you or to any third party for any modification, suspension, or discontinuance, except for any refund obligations expressly provided under our Pricing & Authenticity Guarantee, RealGifts Service, or Returns sections of these Terms.

Automated Processing and Significant Decisions

RealGifts uses automated systems, including machine-learning models, artificial-intelligence systems, and rule-based classifiers, to operate the Service. Categories of automated processing include:

• Search ranking, gift recommendations, and other product-discovery features (low individual significance);
• Automated fraud screening of transactions, account access, and account behavior, which may decline transactions, limit account features, or trigger additional verification (may have a significant effect on you);
• Automated suspension or freezing of accounts for suspected fraud, abuse, account compromise, or violation of these Terms (significant effect on you); and
• Automated content-moderation systems that detect, hide, or remove user-supplied content that we determine, by automated means, may violate these Terms or applicable law (significant effect on the affected content's visibility).

Logic at a high level. These systems generally work by combining observed signals (such as transaction patterns, device and network signals, content patterns, account history, and partner-supplied data) with statistical or machine-learning models that score the likelihood of fraud, abuse, or policy violation. Some decisions are made entirely by automated systems; others involve human review.

Significance and consequences. Automated decisions described above may result in declined transactions, additional verification requirements, suspended or frozen account access (including any Store Credit, as described in Termination), removed or hidden content, and similar effects.

Right to request human review. Where applicable law gives you the right (for example, under EU / UK GDPR Article 22), or where we determine in our discretion that human review is appropriate, you may request human review of an automated decision that significantly affects you by emailing privacy@getrealgifts.com with: (i) your account email; (ii) the decision you are contesting (with date and reference number, if any); (iii) any information you would like us to consider; and (iv) the outcome you are seeking. We will acknowledge your request within fourteen (14) business days and will provide our response within a reasonable time after that.

No guarantees. Automated outputs may contain errors. Nothing in this section is a representation or warranty about the accuracy of any automated decision or about any particular outcome of human review.

No Bots, Scraping, or Unauthorized Access

You will not (and will not authorize or assist any third party to) use any bot, spider, scraper, crawler, or other automated means to access, scrape, harvest, copy, index, monitor, or interact with the Service or any data on the Service, except for general-purpose search-engine crawlers operating in compliance with our robots.txt and any partner-API access you have separately licensed under our API License Agreement.

Any unauthorized access to or interference with the Service, its underlying systems, or any data on the Service may violate the United States Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the California Comprehensive Computer Data Access and Fraud Act (Cal. Penal Code § 502), the Nevada Unlawful Acts Regarding Computers statute (Nev. Rev. Stat. § 205.4765 et seq.), and analogous state, federal, and foreign laws. Such laws can carry civil and criminal penalties, including statutory damages, attorneys' fees, and injunctive relief. RealGifts reserves all rights and remedies for any such violation.

Taxes

Prices displayed on the Service may or may not include applicable taxes, duties, levies, or governmental fees. You are responsible for any sales, use, value-added, customs, import, excise, or similar tax, duty, or fee imposed on or collectible by RealGifts in connection with your use of the Service or the products you purchase, except for taxes based solely on RealGifts' net income. Where RealGifts is required by law to collect such taxes, those amounts will be added to your charges and reflected in your receipt where reasonably practicable.

Export Controls and Sanctions

The Service is provided from the United States and is subject to United States and other applicable export-control and sanctions laws and regulations, including the U.S. Export Administration Regulations (15 C.F.R. parts 730–774), the International Traffic in Arms Regulations (22 C.F.R. parts 120–130), and regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the Donetsk and Luhansk regions of Ukraine, as such list may be updated by U.S. authorities); (ii) you are not on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department's Denied Persons List, the Entity List, the Unverified List, or any similar list maintained by the U.S. or another government with jurisdiction; and (iii) you will not use the Service in violation of any applicable export-control or sanctions law.

Trademark License

"RealGifts," the RealGifts logos, "Real Gifts," "Make It Real," and other RealGifts trademarks, service marks, trade names, trade dress, and product and service names are trademarks of RealGifts. We reserve all rights in our trademarks. You may not use any RealGifts trademark in any manner that is likely to cause confusion about ownership or sponsorship, that disparages or discredits RealGifts, or that suggests endorsement we have not expressly granted in writing. You may not register, attempt to register, or use any domain name, social-media handle, or business name that incorporates any RealGifts trademark or any substantially similar mark.

Press, partner, and review references to RealGifts using only the standard RealGifts name or logo, in nominative-fair-use contexts, do not require advance permission, but must accurately identify RealGifts and must not imply any partnership, endorsement, or affiliation that does not exist.

International Users

The Service is operated from the United States. We do not represent that the Service or any Content is appropriate or available for use in every location. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

Your dispute resolution and consumer rights depend on where you live. See Disputes, United States and Canada and Disputes, Other Countries below.

Disputes, United States and Canada (Arbitration; Class Waiver; Small-Claims Carve-Out; 30-Day Opt-Out)

This section applies if you are a resident of the United States or Canada.

(a) Informal resolution first. Before filing arbitration, you and RealGifts agree to first try to resolve any dispute informally. You will send a written notice of dispute (a "Notice") to RealGifts using one of the methods listed in the Contact section (by postal mail to the address listed there, or by email to legal@getrealgifts.com), including your name, account email, a description of the dispute, and the relief you seek. We will send any Notice to you at the email on file with your account. The parties will then attempt in good faith, for 60 days, to resolve the dispute.

(b) Mutual agreement to arbitrate. If the dispute is not resolved within 60 days, you and RealGifts agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") through final and binding individual arbitration under the Federal Arbitration Act (9 U.S.C. § 1 et seq.). This includes Disputes about formation, scope, validity, or enforceability of this arbitration agreement, except that the court (not the arbitrator) decides whether the Class Action Waiver in (e) below is enforceable.

(c) Arbitration administrator and rules. Arbitration will be administered by either the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by JAMS under its Streamlined Arbitration Rules and Procedures, as RealGifts selects in its reasonable discretion when arbitration is initiated. If RealGifts has not selected an administrator within thirty (30) days after receiving a Notice of Dispute under (a) above, AAA will administer the arbitration. The current rules of each administrator are available at the administrator's website. The arbitrator will be a single neutral selected under the selected administrator's rules.

(d) Forum and applicable law. Arbitration will be conducted in Clark County, Nevada, or by videoconference if the parties agree. You may appear by phone or video. The arbitrator will apply Nevada law (excluding its choice-of-law rules) and the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.

(e) Class Action Waiver. YOU AND REALGIFTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court finds the Class Action Waiver to be unenforceable as to a particular claim or request for relief, then that claim or request will be severed from arbitration and brought in the courts identified in (h) below; all other claims will be arbitrated.

(f) Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction in the county of your billing address (or, if you do not have a billing address, in Clark County, Nevada), as long as the action is brought and remains on an individual basis.

(g) Right to opt out within 30 days. You may opt out of this arbitration agreement (including the Class Action Waiver) by sending a written notice to RealGifts using one of the methods listed in the Contact section (by postal mail to the address listed there, or by email to legal@getrealgifts.com) within 30 days after you first accept these Terms (or, for an existing user as of the effective date, within 30 days after that effective date). The notice must include your name, account email, and a clear statement that you opt out of the arbitration agreement. Opting out has no other effect on these Terms.

(h) Court for non-arbitrable matters. For Disputes that, by operation of (e) above or applicable law, cannot be resolved by arbitration, you and RealGifts agree to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, and waive any objection to that venue.

(i) Costs. Each party will pay its own attorneys' fees and costs unless awarded by the arbitrator under applicable law. Filing fees and arbitrator compensation will be governed by the administrator's rules; for consumer claims under the AAA Consumer Arbitration Rules or equivalent JAMS rules, RealGifts will pay fees that exceed the consumer-side cap set by the administrator.

(j) One-year limitation period. Any Dispute must be commenced within one (1) year after the cause of action accrues, or it is permanently barred, except where applicable law prohibits a shorter limitations period than the statutory period (in which case the statutory period applies).

(k) Severability. If any portion of this Section is held invalid or unenforceable, that portion will be severed and the remainder will continue in effect. If a Dispute proceeds in court because this Section is held inapplicable, then Section (h) applies.

(l) Confidentiality of settlement amounts. To the maximum extent permitted by applicable law, you and RealGifts agree to keep the amount of any settlement of an arbitration confidential, except (i) as required by applicable law, regulation, or court order; (ii) as needed to seek confirmation, vacation, modification, or enforcement of an arbitration award; (iii) as needed to protect or pursue a legal right; or (iv) to disclose to your attorneys, accountants, auditors, insurers, or other professional advisors who are bound by confidentiality. Nothing in this paragraph prohibits either party from discussing the existence, content, or outcome (other than the settlement amount) of an arbitration.

Disputes, Other Countries (Outside the United States and Canada)

This section applies if you are NOT a resident of the United States or Canada. The arbitration / class-waiver section above does NOT apply to you.

(a) Governing law (default). To the extent permitted by applicable law, these Terms are governed by Nevada law (excluding its conflict-of-laws rules), and the courts located in Clark County, Nevada have non-exclusive jurisdiction over any Dispute.

(b) European Economic Area, United Kingdom, and Switzerland. If you are a consumer with habitual residence in the European Economic Area, the United Kingdom, or Switzerland:

• the choice of Nevada law in (a) above does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence;
• you may bring proceedings against RealGifts in the courts of your country of residence in addition to the courts of Clark County, Nevada; and
• RealGifts will bring proceedings against you only in the courts of your country of residence.

Consumer alternative dispute resolution (ADR): The European Commission's Online Dispute Resolution (ODR) platform was permanently discontinued on 20 July 2025 and is no longer available. If you are a consumer in the European Economic Area, you may still be able to use a national alternative dispute resolution (ADR) body or contact your local European Consumer Centre. We do not commit to using any particular ADR body.

(c) Australia. If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable Australian consumer protection law that cannot be excluded.

(d) New Zealand. If you are a consumer in New Zealand, nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Consumer Guarantees Act 1993 or any other applicable New Zealand consumer protection law that cannot be excluded.

(e) Other countries. If you are in any other country, applicable mandatory consumer protections of your country of residence may apply notwithstanding (a) above. To the extent permitted by law, the courts of Clark County, Nevada have non-exclusive jurisdiction.

(f) United Nations Convention. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Integration, Severability & Miscellaneous

Integration. These Terms (together with the Privacy Policy and any other agreements expressly incorporated by reference, including the RealGifts API License Agreement for partners) constitute the entire agreement between you and RealGifts with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and RealGifts on that subject matter.

Severability and Reformation. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be reformed, construed, and enforced to the maximum extent permitted by applicable law to give effect to the parties' original intent, and the remaining provisions will continue in full force and effect. The court or arbitrator should reform, not strike, any such provision whenever reformation is permitted by law.

Survival. The following sections survive termination of these Terms: Privacy; Pricing & Authenticity Guarantee; RealGifts Service; Store Credit and Gift Cards; Recurring Gifts; No Warranties; Limitation of Liability; Indemnification; Force Majeure; No Fiduciary or Other Relationship; No Third-Party Beneficiaries; Mitigation; Attorneys' Fees for Frivolous Claims; Automated Processing and Significant Decisions; No Bots, Scraping, or Unauthorized Access; Taxes; Export Controls and Sanctions; Trademark License; International Users; Disputes; this Integration, Severability & Miscellaneous section; Patent, Copyright, and Trademark Notices; DMCA / Notice of Copyright Infringement; and Contact.

No Waiver. No failure or delay by RealGifts to exercise any right or provision of these Terms operates as a waiver of that right or provision. Any waiver by RealGifts must be in writing and signed by an authorized officer of RealGifts to be effective.

Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by RealGifts and its licensors.

Records. RealGifts' records (including transaction logs, account records, account communications, and arbitration filings) are the authoritative records of the parties' dealings under these Terms, absent manifest error. To the maximum extent permitted by applicable law, you waive any objection to the admissibility of RealGifts' records in any dispute on the grounds that they are electronic or otherwise.

Currency. Unless expressly stated otherwise, all amounts in these Terms and on the Service are in U.S. dollars (USD), all charges are processed in USD, and RealGifts is not responsible for any exchange-rate variation, foreign-transaction fee, or currency-conversion charge applied by your payment method.

Recording and Monitoring of Communications. You acknowledge that RealGifts may monitor and record communications between you and RealGifts customer-support, fraud-prevention, security, or other operational personnel, including chat, email, voice, and video sessions, for purposes of training, quality assurance, fraud prevention, abuse detection, security, dispute resolution, and compliance with applicable law. By contacting RealGifts you consent to such monitoring and recording where permitted by applicable law.

Electronic Communications and Signatures (E-SIGN / UETA). You consent to receive communications from RealGifts in electronic form (including email, in-app notifications, and notices posted on the Service) and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any acceptance of these Terms, including by clicking an "I Agree," "Sign Up," "Place Order," or similar button, or by continued use of the Service, constitutes your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act (UETA), and analogous state and foreign laws.

Waiver of Jury Trial (court-eligible claims only). For any Dispute that proceeds in court (rather than arbitration) under the Disputes sections above, YOU AND REALGIFTS EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, except where applicable law (including, in California, the rule of Grafton Partners L.P. v. Superior Court, 36 Cal.4th 944 (2005)) prohibits a pre-dispute waiver of jury trial.

Assignment. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. RealGifts may assign, transfer, or delegate any of its rights and obligations under these Terms without consent, including in connection with any merger, acquisition, financing, or sale of all or substantially all of its assets.

Headings; Counterparts. Headings are for convenience only and do not affect interpretation. These Terms may be accepted in counterparts (including electronically) and each acceptance is an original, all of which together constitute one agreement.

Prevailing-Party Costs. In any action or proceeding to enforce these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees, except as otherwise provided in the Attorneys' Fees for Frivolous Claims and Disputes sections.

Notices. All notices we are required to give you under these Terms may be delivered by electronic means (including email to the address on file with your account, in-app notice, or notice posted on the Service) and will be deemed received when sent. All notices to RealGifts must be in writing and sent to the address in the Contact section.

Additional Terms

Some products, gifts, gift cards, and experiences offered through the Service are supplied or fulfilled by third parties and are subject to additional third-party or merchant-specific terms (for example, terms of Fandango, ReserveBar, Restaurant.com, participating florists, and the Google Translate service). Those additional terms are the terms of the applicable third party, not of RealGifts, and apply to your purchase, redemption, or use of the applicable item. They are presented to you at the point of sale or upon redemption where applicable, and are also available for your reference on our Additional Product & Partner Terms page. Where a third party's terms conflict with these Terms as to a particular item, the third party's terms govern that item; these Terms otherwise continue to apply.

Patent, Copyright, and Trademark Notices

Unless otherwise indicated, the Terms of Use and all Content provided by RealGifts are copyright © 2008-2026 RealGifts, LLC. All rights reserved. Patents issued and pending.

"RealGifts", the "RealGifts" logos, "Real Gifts", and "Make It Real" are either trademarks or registered trademarks belonging to RealGifts. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners. All trademarks not owned by RealGifts that appear on the Site are the property of their respective owners. RealGifts is not the issuer of any of the gift cards or other closed-loop products on the Site and is not related to any merchant whose trademarks and gift cards appear on the Site for sale.

Protection of Copyrights, Trademarks, Patents and Other Intellectual Property Rights

RealGifts respects intellectual property rights of others and requires that you do the same. You shall not upload, post, embed, link, transmit, email or make available any content or material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any person or entity. RealGifts has the right to delete or remove any material or content if RealGifts in its sole discretion believes that such material or content infringes proprietary rights of others, and has the right to terminate the membership of any user that RealGifts in its sole discretion believes to be an infringer.

DMCA / Notice of Copyright Infringement

RealGifts respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. RealGifts has registered a designated agent to receive notifications of claimed infringement with the U.S. Copyright Office, as required by 17 U.S.C. § 512(c)(2).

Notice of claimed infringement. If you believe content on the Service infringes your copyright, please send a written notice that complies with 17 U.S.C. § 512(c)(3) to our designated copyright agent. Your notice must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered by a single notice, a representative list of such works); (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Designated Copyright Agent:

RealGifts, LLC
Attn: Copyright Agent, Legal Department
732 S 6th Street, Ste R
Las Vegas, NV 89101
Phone: 888-558-4438
Email: dmca@getrealgifts.com

Upon receipt of a notice that substantially complies with the DMCA, we will expeditiously remove or disable access to the material claimed to be infringing and will take reasonable steps to notify the user who posted it.

Counter-notification. If you believe that material you posted was removed or disabled by mistake or misidentification, you may send a written counter-notification to our designated copyright agent at the address above. Under 17 U.S.C. § 512(g)(3), your counter-notification must include: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled; (iii) a statement, made under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which RealGifts may be found), and that you will accept service of process from the person who provided the original notice of claimed infringement or an agent of that person.

After we receive a valid counter-notification, we may restore the removed material in not less than 10 nor more than 14 business days following receipt, unless our designated agent first receives notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, as provided in 17 U.S.C. § 512(g)(2).

Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.

Repeat infringers. In appropriate circumstances and at our discretion, we will disable or terminate the accounts of users who are repeat infringers.

Contact

You may contact RealGifts at the following address:

RealGifts, LLC
732 S 6th Street, Ste R
Las Vegas, NV 89101
Phone: 888-558-4438

• General inquiries: contact@getrealgifts.com
• Privacy inquiries: privacy@getrealgifts.com
• Legal notices, Notice of Dispute, and arbitration opt-out: legal@getrealgifts.com
• Copyright / DMCA notices: dmca@getrealgifts.com

For arbitration opt-out and Notice of Dispute under the Disputes, United States and Canada section, you must use either the postal address above or legal@getrealgifts.com.

California residents, complaint assistance (Cal. Civ. Code § 1789.3). The provider of this service is RealGifts, LLC, 732 S 6th Street, Ste R, Las Vegas, NV 89101, 888-558-4438. Charges for paid products or services are described at the point of sale before you complete a transaction. To resolve a complaint regarding the Service or to receive further information regarding its use, contact us using the methods above. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.