Effective Date: January 1, 2026
These Terms of Service ("Terms") govern your access to and use of the ZapGifts platform, including the websites at zapgifts.com and zapgifts.com, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
1. Account Registration
To use certain features of the Service, you must create an account. You agree to: - Provide accurate, current, and complete registration information - Maintain and promptly update your account information - Keep your password secure and confidential - Accept responsibility for all activity that occurs under your account - Notify us immediately of any unauthorized use of your account
2. Merchant Responsibilities
If you use ZapGifts as a merchant to sell gift cards, you agree to: - Honor all gift cards sold through your account at their full stated value - Maintain accurate business information, including business name and contact details - Comply with all applicable laws and regulations related to gift cards and stored value in your jurisdiction - Provide clear redemption instructions and honor reasonable redemption requests - Not use the platform for fraudulent, illegal, or misleading purposes - Respond to customer inquiries related to gift cards sold through your account in a timely manner
3. Gift Card Purchases and Delivery
Gift cards purchased through the ZapGifts platform are issued by the merchant, not by ZapGifts. ZapGifts facilitates the transaction and delivery but is not the issuer of the gift card. Refund and exchange policies are set by each individual merchant. Digital gift cards are delivered via email to the recipient address provided at the time of purchase.
4. Fees and Payment
ZapGifts charges a service fee on each gift card transaction. Current fee details are available on our Pricing page. Fees are deducted from the transaction amount before funds are disbursed to the merchant. Payment processing is handled by third-party payment processors (Stripe, Square, PayPal). Merchants are responsible for any fees charged by their chosen payment processor. ZapGifts reserves the right to change its fees with 30 days advance notice.
5. Intellectual Property
The ZapGifts platform, including its design, code, features, and documentation, is owned by ZapGifts and protected by intellectual property laws. You retain ownership of content you upload to the platform (logos, images, descriptions). By uploading content, you grant ZapGifts a limited license to use that content solely to provide the Service. You agree not to copy, modify, reverse-engineer, or create derivative works based on the ZapGifts platform.
6. Prohibited Conduct
You agree not to: - Use the Service for any illegal or unauthorized purpose - Sell counterfeit, stolen, or fraudulent gift cards - Interfere with or disrupt the Service or servers - Attempt to gain unauthorized access to any part of the Service - Use automated tools to scrape, crawl, or extract data from the platform - Impersonate any person or entity - Upload malicious code, viruses, or harmful content
7. Suspension and Termination
ZapGifts may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or misuse the platform. We may also terminate accounts that remain inactive for an extended period. Upon termination, your right to use the Service ceases immediately. Merchants remain responsible for honoring any outstanding gift cards sold prior to termination.
8. Limitation of Liability
To the maximum extent permitted by law, ZapGifts shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. ZapGifts is not liable for disputes between merchants and gift card purchasers or recipients. Our total liability for any claim related to the Service shall not exceed the fees you have paid to ZapGifts in the twelve months preceding the claim.
9. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. ZapGifts does not guarantee that the Service will be uninterrupted, error-free, or completely secure. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Indemnification
You agree to indemnify and hold harmless ZapGifts, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware.
13. Contact
If you have questions about these Terms of Service, contact us at support@zapgifts.com or visit our Contact page.