Terms of Service

1. Agreement to Terms

Welcome to Photogifty ("we", "us", or "our"). These Terms of Service govern your use of our website located at https://photogifty.com and your purchase of custom, personalized gifts.

By accessing our site and purchasing any products, you agree to be bound by these terms. If you do not agree, please do not use our services.

2. E-Commerce Purchases

By placing an order on Photogifty, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. We reserve the right to refuse or cancel any order for reasons including but not limited to: product availability, errors in the description or price of the product, or suspected fraud or unauthorized transactions.

3. Personalization & User Uploads

Our platform enables you to upload photos, text, and designs to customize gift items.

• Content Responsibility: You are solely responsible for the images and text you upload. You warrant that you own all intellectual property copyrights to any uploads or have written authorization from the copyright holder.
• Prohibited Content: You agree not to upload any content that is threatening, defamatory, obscene, infringing on third-party intellectual property, or otherwise illegal. We reserve the right to reject orders containing prohibited content.
• Image Usage License: By uploading images, you grant us a non-exclusive, royalty-free license to use, display, reproduce, and process the images solely for the purpose of printing and manufacturing your custom order. We do not sell or license your custom images to any third parties.

4. Custom Production, Billing & Payments

Because each item is custom crafted, we bill your PayPal account immediately upon order checkout completion.

You may cancel your order any time before confirming your final AI artwork. Once you confirm your design, production begins immediately and modifications or cancellations are no longer possible.

5. Intellectual Property

All original software, visual designs, assets, databases, website layouts, trade names, and graphics on this website are the property of Photogifty LLC and are protected by United States and international copyright, trademark, and trade dress regulations.

6. Limitation of Liability

Photogifty LLC, its directors, and manufacturing partners shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from your use of our site, products, or service. In no event shall our maximum combined liability exceed the total price paid by you for the specific item in question.

7. Governing Law

These Terms of Service and any purchase contracts shall be governed by and construed in accordance with the laws of the State of DE, United States, without regard to its conflict of law principles.

8. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be posted immediately on this page and will reflect the "Last Updated" date at the top. Continued use of our website following any changes constitutes your binding acceptance of the new terms.