Terms and Conditions

Last Updated: 13 October 2025

1. Introduction

Welcome to GiftElf ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of the GiftElf mobile application (the "Service") operated by JADE JUICE ("Company," "we," "us," or "our"). By downloading, installing, or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Definitions

• "Service" refers to the GiftElf mobile application
• "User," "you," or "your" refers to the individual accessing or using the Service
• "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials
• "Personal Data" has the same meaning as in the General Data Protection Regulation (GDPR)

3. Acceptance of Terms

By accessing and using this Service, you accept and agree to be bound by the terms and provision of this agreement. Additionally, when using this Service's particular services, you shall be subject to any posted guidelines or rules applicable to such services.

4. Use License

4.1 Grant of License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Service on your mobile device solely for your personal, non-commercial use.

4.2 License Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Service
• Reverse engineer or attempt to extract the source code of our Service
• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction when using the Service
• Upload or transmit viruses or any other type of malicious code
• Attempt to gain unauthorized access to our systems or networks

5. User Accounts

5.1 Account Creation

To access certain features of the Service, you may be required to create an account. You must provide accurate, current, and complete information during the registration process.

5.2 Account Security

You are responsible for safeguarding the password and for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account.

5.3 Account Termination

We reserve the right to terminate or suspend your account at any time, with or without cause, and with or without notice.

6. Privacy and Data Protection (GDPR Compliance)

6.1 Data Controller

JADE JUICE acts as the data controller for personal data collected through the Service.

6.2 Legal Basis for Processing

We process your personal data based on:

• Your consent (Article 6(1)(a) GDPR)
• Performance of a contract (Article 6(1)(b) GDPR)
• Legitimate interests (Article 6(1)(f) GDPR)
• Legal obligations (Article 6(1)(c) GDPR)

6.3 Data Collection

We may collect the following types of data:

• Personal identification information (name, email address, phone number)
• Usage data and analytics
• Device information
• Location data (with your consent)

6.4 Your Rights Under GDPR

You have the following rights regarding your personal data:

• Right of access - Request copies of your personal data
• Right to rectification - Request correction of inaccurate data
• Right to erasure - Request deletion of your data
• Right to restrict processing - Request limitation of data processing
• Right to data portability - Request transfer of your data
• Right to object - Object to our processing of your data
• Right to withdraw consent - Withdraw consent at any time

6.5 Data Retention

We will retain your personal data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law.

6.6 International Data Transfers

If we transfer your data outside the EEA, we ensure appropriate safeguards are in place, including adequacy decisions or standard contractual clauses.

7. Content and Conduct

7.1 User Content

You retain ownership of any content you submit, post, or display through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such content.

7.2 Prohibited Content

You agree not to post, upload, or transmit any content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Infringes on intellectual property rights
• Contains malware or harmful code
• Is spam or unsolicited promotional material
• Violates privacy rights of others

7.3 Content Moderation

We reserve the right to remove or modify any content that violates these Terms without prior notice.

8. Intellectual Property Rights

8.1 Service Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of JADE JUICE and its licensors.

8.2 Trademarks

GiftElf and related marks are trademarks of JADE JUICE. You may not use these trademarks without our prior written consent.

8.3 Copyright

The Service is protected by copyright, trademark, and other laws. Nothing in these Terms gives you a right to use the JADE JUICE name or any of the JADE JUICE trademarks, logos, domain names, or other distinctive brand features.

9. Liability and Disclaimers

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JADE JUICE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

9.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR THREE DOLLARS AND NINETY NINE CENTS ($3.99), WHICHEVER IS GREATER.

9.4 Indemnification

You agree to defend, indemnify, and hold harmless JADE JUICE and its affiliates from and against any claims, damages, costs, and expenses (including attorneys' fees) arising from or relating to your use of the Service or violation of these Terms.

10. Third-Party Services

10.1 Third-Party Integration

Our Service may contain links to third-party websites or services that are not owned or controlled by JADE JUICE.

10.2 No Control Over Third Parties

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

10.3 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions and privacy policies.

11. Payments and Subscriptions

11.1 Paid Services

Some features of the Service may require payment. You agree to pay all applicable fees as described in the Service.

11.2 Billing

• Subscription fees are billed in advance on a recurring basis
• Payment will be charged to your chosen payment method
• You authorize us to charge the applicable fees to your payment method

11.3 Refunds

Refunds are handled according to the applicable app store's refund policy (Apple App Store, Google Play Store, etc.).

11.4 Price Changes

We reserve the right to modify subscription fees with reasonable advance notice.

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the instructions in the Service or contacting us directly.

12.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive.

13. Geographic Restrictions

The Service is provided and controlled by JADE JUICE from United Kingdom. We make no representations that the Service is appropriate or available for use in other locations.

14. Age Restrictions

14.1 Minimum Age

The Service is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.

14.2 Parental Consent

If you are between 13 and 18 years old, you may only use the Service with the consent of your parent or guardian.

15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify or replace these Terms at any time at our sole discretion.

15.2 Notice of Changes

If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

15.3 Continued Use

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

16.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of United Kingdom.

16.3 EU Users

If you are a consumer based in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim, you agree to contact us directly to seek a resolution.

17.2 Arbitration

Any disputes that cannot be resolved informally may be subject to binding arbitration in accordance with the rules of selected organization.

17.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, not as a class action.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and JADE JUICE concerning the Service.

22. Assignment

We may assign our rights and obligations under these Terms without your consent. You may not assign your rights under these Terms without our prior written consent.

23. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

JADE JUICE

• Email: hello@kosala.dev

For GDPR-related inquiries, please contact our Data Protection Officer at: dop@kosala.dev

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By using GiftElf, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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This document was last updated on 12-Oct-2025. Please check back regularly for updates to these Terms and Conditions.