Terms of Service

Effective Date: May 14, 2026

Welcome to GiftMinder. These Terms of Service (“Terms”) govern your access to and use of the GiftMinder website located at https://minder.gift and all related services (collectively, the “Service”), operated by GiftMinder LLC, a New Mexico limited liability company (“GiftMinder,” “we,” “us,” or “our”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If we learn that a user is under 18, we will promptly terminate their account and delete their data.

2. Account Registration

To use most features of the Service, you must create an account. You may register using an email address (via magic link) or through a third-party authentication provider such as Google OAuth.

You agree to:

Provide accurate and complete information during registration
Keep your account credentials secure and confidential
Notify us promptly at hello@minder.gift if you believe your account has been compromised
Not create more than one account per person
Not share your account with others

You are responsible for all activity that occurs under your account.

3. Description of Service

GiftMinder is a gift-tracking web application that allows users to:

Track gift ideas for contacts (friends, family, colleagues, etc.)
Create and manage wishlists
Share wishlists with other users
Connect with other GiftMinder users to view profiles and shared wishlists
Receive email reminders for upcoming events and occasions
Upload their own images of gift ideas or have license to use
Add product images via links/embeds
Display product images from affiliates, retailers, and other authorized sources
Export their data

We may change, modify, suspend, or discontinue any part of the Service at any time with or without notice. We may remove images and/or content that may infringe. We do not guarantee continuous, uninterrupted access. We may offer features identified as ‘Beta,’ ‘Preview,’ or ‘Experimental.’ Such features are provided as-is and may contain errors and may be modified or discontinued at any time.

4. User Responsibilities and Acceptable Use

You agree not to use the Service to:

Violate any applicable law or regulation
Infringe on or upload the intellectual property or other rights of any third party including any images, lists, or material that is copyrighted or trademarked
Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
Upload viruses, malware, or any other malicious code
Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks
Use the Service for any commercial purpose not expressly permitted by these Terms
Scrape, crawl, or use automated means to access the Service without our prior written consent
Impersonate any person or entity, or falsely represent your affiliation with any person or entity
Interfere with or disrupt the Service or the servers and networks connected to the Service
Use another user's account without their permission
Collect or harvest personal information of other users without their consent
Reverse-engineer, decompile, or circumvent security or access controls except where permitted by law
Access in a manner that materially burdens or degrades the Services (e.g., exceeding documented rate limits)
Use to develop, train, or improve a competing product or service, or to publish benchmarks without our prior written consent
You represent and warrant that you have provided all notices and obtained all consents necessary to submit third-party personal information (e.g., contact names, events, images) to the Service and to share such information via the Service.
You represent and warrant you are not located in or a resident of an embargoed country and are not a prohibited party under applicable sanctions laws. You will not use the Service in violation of export control or sanctions laws.

We may suspend or restrict access immediately if we reasonably believe your use poses a security risk, may harm others, involves suspected fraud, violates law, or is subject to governmental request. We may remove, disable, or terminate access to content in our sole discretion.

5. User-Generated Content

Your Content

“User Content” means any information, text, images, or other materials that you upload, submit, or otherwise make available through the Service, including but not limited to gift descriptions, contact information, wishlist items, images, and profile information.

You retain ownership of your User Content. By submitting User Content to the Service, you grant GiftMinder a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, display, distribute, and modify your User Content solely for the purpose of operating, providing, and improving the Service including developing and improving features using aggregated or de-identified data. We may sublicense this license to our service providers solely to provide the Service.

If you provide ideas, feedback, or suggestions, you grant GiftMinder a perpetual, irrevocable, worldwide, royalty-free license to use the feedback without restriction or attribution.

This license terminates when you delete your User Content or your account, except where your content has been shared by you to other users, and they have retained a copy, or where deletion is not technically feasible within our backup systems. This license survives for backups and technical copies for a commercially reasonable period after deletion where deletion is not technically feasible.

Content Responsibility

You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights and permissions to submit your User Content, and that it does not violate the rights of any third party or these Terms. You further represent and warrant that if a third-party alleges that their intellectual property right has been violated, you will remove the content and consent to us removing the content in accordance with applicable laws and regulations.

Content Removal

We reserve the right, but have no obligation, to review, monitor, or remove User Content at our sole discretion, for any reason, including but not limited to content that we believe violates these Terms.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe on your copyright, you may remove those materials (or access to them) by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:

Your physical or electronic signature
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works

Please be aware that if you knowingly and materially misrepresent that material or activity on the Website is infringing on your copyright, you may be held liable for damages (including costs and attorney's fees) under Section 512(f) of the DMCA.

6. Intellectual Property

The Service, including its design, features, functionality, code, graphics, logos, and all related intellectual property, is owned by GiftMinder LLC and is protected by copyright, trademark, and other intellectual property laws. “GiftMinder” and the GiftMinder logo are trademarks of GiftMinder LLC.

If accessed by the U.S. government, the Service and related documentation are ‘Commercial Items’ provided with only those rights as set forth in these Terms.

7. Affiliate Links and Commissions

The Service may contain links to third-party products and retailers, including but not limited to Amazon.com. Some of these links are affiliate links, which means GiftMinder may earn a commission if you click on a link and make a purchase. These commissions come at no additional cost to you.

GiftMinder is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

The presence of affiliate links does not influence the content, recommendations, or gift suggestions within the Service. For more information, please see our Affiliate Disclosure.

8. Third-Party Links and Services

The Service may contain links to third-party websites, products, or services that are not owned or controlled by GiftMinder. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We are not responsible for third-party products, pricing, shipping, availability, or fulfillment, even if linked through the Service.

9. Email Communications

By creating an account, you consent to receive transactional emails related to the operation of the Service, including welcome emails, event reminders, and connection requests. We may also send marketing emails, such as a monthly newsletter. You may opt out of marketing emails at any time via the unsubscribe link or your account settings.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Termination

You may delete your account at any time through your account settings or by contacting us at hello@minder.gift. We may suspend or terminate your account at any time, with or without cause and with or without notice, at our sole discretion, for violations of these Terms or for any reason.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GIFTMINDER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GIFTMINDER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. GIFTMINDER LLC SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL OR FOR SUBSTITUTE GOODS AND SERVICES. THE TOTAL LIABILITY OF GIFTMINDER LLC SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO GIFTMINDER IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00).

14. Governing Law; Dispute Resolution

These Terms shall be governed by the laws of the State of New Mexico. Before filing any legal action with a court of competent jurisdiction, you agree to contact us at hello@minder.gift to resolve the dispute. If we are unable to resolve the dispute by discussion, both parties shall then submit to mediation or arbitration. Any legal action shall be brought exclusively in the state or federal courts located in New Mexico.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION.

15. Indemnification

You agree to indemnify, defend, and hold harmless GiftMinder LLC from and against any claims, liabilities, damages, losses, costs, and expenses arising out of your use of the Service, your User Content, or your violation of these Terms.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice within the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Force Majeure

We are not responsible for any delay or failure to perform by events outside or beyond our reasonable control including, but not limited to, acts of God, natural disasters, governmental acts, war, terrorism, labor disputes, internet or utility outages, or unforeseen events. Our obligations will be suspended for the duration of the event and may resume when we are reasonably able after the event.

18. Entire Agreement

These Terms of Use constitute the entire agreement between you and us regarding the website and supersede all prior agreements, representations, and warranties, both written and oral regarding the website.

19. Waiver and Severability

If any provision under these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining Terms will continue in full force and effect.

20. Contact Us

GiftMinder LLC
6801 Jefferson St NE Ste 150 PMB 4217
Albuquerque, NM 87109
Email: hello@minder.gift
Website: https://minder.gift