Terms Of Use

2. Eligibility

You may use ByGift only if you:

1. Are at least 18 years old or the age of legal majority in your jurisdiction
2. Have the legal capacity to enter into a binding agreement
3. Use the Platform in compliance with all applicable laws, regulations, and payment network rules

3. Accounts and Verification

To access or use certain features of the Platform, you must create a ByGift account. By creating an account, you represent that:

1. The information you provide is accurate, complete, and kept up to date
2. you will keep your account credentials secure
3. you are responsible for activities under your account

3a. Verification and Compliance Checks

ByGift reserves the right to:

1. Request additional information to verify identity or transaction legitimacy
2. Restrict, suspend, or terminate accounts pending verification
3. Conduct automated and manual reviews for fraud prevention and compliance

4. Acceptable Use

You agree to use the Platform only for lawful access to digital content.
You must not:

1. Use ByGift for fraudulent, misleading, deceptive, or abusive activities
2. Attempt to manipulate transactions, chargebacks, or disputes
3. Use stolen payment methods or unauthorized payment details
4. Circumvent security features or access restricted areas
5. Use automated systems, bots, or scraping tools

4a. Platform Role

ByGift operates as a digital content access platform.
ByGift:

1. Provides access to digital content packages
2. Issues account-based access to content
3. Manages content delivery and user experience

5. Content Access and Delivery

All purchases on ByGift grant access to a specific digital content package.
Access is:

1. Delivered electronically and made available within the Platform
2. Linked to a single user account
3. Non-transferable after activation
4. Not eligible for resale, exchange, or redistribution
5. Not usable outside the ByGift Platform
6. Not a form of credit, currency, or stored value

5a. Access for Another Recipient

Before activation, a purchaser may assign access to another user by providing their email address within the Platform.
The recipient must create or log into a ByGift account to receive access. Once activated, access becomes permanently linked to that account.
This process is an internal assignment of platform access and does not involve transfer of value.
ByGift is not responsible for:

1. Incorrect recipient details
2. Failure of recipient to activate access
3. Unauthorized use due to incorrect assignment

6. Managed Content

All digital content available on ByGift is managed and delivered by the Platform.

Content contributors may work with ByGift under contractual agreements. However:

1. Users do not purchase content directly from contributors
2. ByGift controls content availability, structure, and delivery
3. ByGift may modify or remove content at its discretion

7. Refund Policy

Refunds and cancellations are governed exclusively by our Refund Policy, available at:

8. Fraud Prevention and Risk Monitoring

ByGift may monitor account and transaction activity to protect the Platform and users.
We may:

1. Request additional verification
2. Temporarily delay or suspend transactions for review
3. Cancel suspicious purchases
4. Limit or restrict accounts associated with elevated risk

9. Prohibited Uses and Misuse Prevention

You agree not to use the Platform for any unlawful, abusive, or prohibited activities, including but not limited to:

1. Illegal activity, fraud, or money laundering
2. Abuse of payment or dispute processes
3. Resale or redistribution of access
4. Unauthorized account creation or assignment of access
5. Attempts to use the Platform in any way inconsistent with its intended use as a digital content access service

10. Intellectual Property

All content on the Platform, including logos, trademarks, designs, text, graphics, and software, is owned by or licensed to ByGift.
You may not copy, modify, distribute, or exploit any content without prior written consent from ByGift.

11. Third‑Party Services

The Platform may integrate third‑party services such as payment processors.
ByGift is not responsible for:

1. The availability or performance of third‑party services
2. Actions taken by payment providers under their own terms

12. Payments and Payment Processing

Payments on ByGift are processed securely through third-party payment providers.
ByGift provides access to digital content packages and does not offer banking, money transfer, wallet, or stored-value services.

12a. Payment Authorization

By completing a purchase, you confirm that:

1. You are authorized to use the selected payment method
2. The payment information provided is accurate
3. You authorize the applicable payment provider to process the transaction in accordance with its terms and policies

12b. Payment Issues

ByGift is not responsible for:

1. Payment failures or declined transactions
2. Delays caused by banks or payment providers
3. Transaction reviews conducted for security or fraud prevention purposes
4. Chargebacks or reversals initiated through payment providers or financial institutions

13. Limitation of Liability

To the maximum extent permitted by law, ByGift shall not be liable for:

1. Indirect, incidental, or consequential damages
2. Loss of profits, revenue, or data
3. Service interruptions or temporary platform unavailability
4. Actions taken by third-party payment providers

14. Indemnification

You agree to indemnify, defend, and hold harmless ByGift, its affiliates, directors, employees, and partners from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees), arising out of or related to:

1. Your use of the Platform
2. Your violation of these Terms
3. Misuse of access credentials
4. Any breach of applicable laws or regulations

15. Privacy

Your personal data is processed in accordance with our Privacy Policy, which explains how we collect, use, and protect information.

16. Changes to These Terms

ByGift may update these Terms of Use at any time.
Updates will be posted on this page, and continued use of the Platform constitutes acceptance of the revised Terms.

17. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which ByGift is legally established, with due consideration to international, regional, and cross-border regulations, including but not limited to applicable laws within the European Economic Area (EEA).
Where applicable, ByGift operates in compliance with:

1. European Union consumer protection laws
2. Applicable e-commerce and digital services regulations
3. Data protection and privacy regulations, including the General Data Protection Regulation (GDPR)

18. Contact Information

For questions or concerns regarding these Terms of Use, contact:
ByGift Support