Terms of Service

These Terms of Service (“Terms”) form a legal agreement between you and Gift64 Inc. (“Gift64,” “gift64,” “we,” “us”). They cover gift64.com, our Android and iOS apps, and our related services (together, the “Service”). Please read them carefully. If you do not agree, do not use the Service.

1. Acceptance of these Terms

By creating an account, signing in with a third-party provider, installing or using one of our apps, verifying a phone number, or otherwise using the Service, you confirm that you have read these Terms and our Privacy Policy and agree to be bound by them. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

Some parts of the Service have their own additional terms: each giveaway’s official rules, and the agreements for shops, advertisers, sponsors, and ambassadors. Where those apply to you, they form part of your agreement with us. If they conflict with these Terms, the additional terms govern for that part of the Service.

2. Who we are and what we do

Gift64 Inc. is a corporation incorporated in Ontario under the Business Corporations Act, with its registered office at 120 East Beaver Creek Road, Unit 200, Richmond Hill, Ontario L4B 4V1, Canada. It is a business, not a registered charity, and does not accept donations (see section 13).

The Service connects people with local shops, sponsors, and each other through free giveaways, gift cards, deals, and community features. Shops, sponsors, advertisers, and giveaway hosts are independent of us. We are not a party to what you buy from a shop, and we are not responsible for a shop’s goods, services, or conduct.

We are not a bank. Gift cards, wallet balances, and points on the Service are not deposits, do not earn interest, and are not insured by the Canada Deposit Insurance Corporation or any other insurer.

3. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you need the permission of a parent or guardian to use the Service and to receive prizes, and they agree to these Terms on your behalf. The Service is not directed to children under 13, and we do not knowingly allow them to register. The Service is not available to anyone whose account we have previously suspended or terminated for cause.

To buy a gift card or make any other payment you must be the age of majority where you live, or have your parent or guardian make the payment for you.

No credit card or purchase is required to create an account or to enter giveaways.

4. Your account

You agree to provide accurate, current, and complete information when registering and to keep it up to date.
You may sign in with a third-party provider (Google, Apple, Facebook, Microsoft, or X). You authorize us to receive the profile fields described in the Privacy Policy.
You may be asked to verify a phone number. SMS verification is delivered through Twilio; standard message and data rates may apply (see section 16).
You are responsible for all activity under your account. Keep your password, verification codes, and gift card transfer codes secret. We recommend turning on two-factor authentication and the app lock. Tell us promptly at [email protected] if you suspect unauthorized access.
One account per person. Creating multiple accounts to get around giveaway limits, suspensions, or other restrictions is prohibited.
You may not sell, rent, or transfer your account to anyone else.

5. Our mobile apps

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use our apps on devices you own or control, for your own non-commercial use, and as permitted by the rules of the app store you downloaded them from.

Updates. We may release updates, and some may be required to keep using the app. Older versions may stop working.
Device permissions. The apps ask for permissions such as location and notifications only when a feature needs them. You can change them at any time in your device settings; features that depend on a permission you turn off may not work. The Privacy Policy lists each permission and why we ask for it.
Push notifications. If you allow them, we send notifications about giveaways, gift cards, messages, and your account. You can turn them off in your device settings or in the app.
Your carrier. Your mobile carrier’s data charges apply to your use of the apps.
App stores. Your use of an app is also subject to the terms of the store you got it from, such as the Google Play Terms of Service or the Apple Media Services Terms and Conditions.

5.1 If you downloaded the app from the Apple App Store

You and we agree that:

These Terms are between you and Gift64, not Apple Inc. We, not Apple, are solely responsible for the app and its content.
Your license is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Apple has no obligation to provide any maintenance or support for the app.
If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
We, not Apple, are responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
If a third party claims that the app infringes its intellectual property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
You represent that you are not located in a country subject to a government embargo or designated as a “terrorist supporting” country, and that you are not on any government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you as a third-party beneficiary.

5.2 Apple and Google are not sponsors

Giveaways, prizes, gift cards, and sponsorships on the Service are not sponsored, endorsed, or administered by, or associated with, Apple Inc. or Google LLC.

6. Acceptable use

You agree not to:

Use the Service to break any law or infringe anyone’s rights.
Submit false information, impersonate another person, or misrepresent your affiliation with a person or organization.
Use bots, scripts, emulators, modified apps, or other automated means to access the Service, scrape content, earn points, or enter giveaways.
Fake or misreport your location or device to enter a giveaway, claim a deal, or redeem a gift card you would not otherwise be eligible for.
Buy, sell, or trade accounts, points, giveaway entries, or giveaway prizes, or resell gift cards as a business.
Use gift cards, transfers, or sponsorships to launder money, commit fraud, or use a payment method you are not authorized to use.
Repeatedly submit phone numbers you do not own in order to spam SMS verification or run up our delivery costs.
Reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law expressly permits.
Interfere with the Service’s security features, probe for vulnerabilities (other than through a coordinated disclosure to [email protected]), or transmit malicious code.
Harass, threaten, or abuse other users, our staff, volunteers, or partner shops.

7. Your content and community safety

7.1 Your content

You keep ownership of the content you submit to the Service, including your display name, avatar, bio, posts, comments, giveaway chat messages, direct messages, photos, giveaways you host, and applications. By submitting it, you grant Gift64 a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), and display that content as needed to operate, protect, and promote the Service. Direct messages are shown only to the people in the conversation; we do not use them to promote the Service. You represent that you have the rights to the content you submit and that it does not violate anyone else’s rights.

7.2 Community standards

We have no tolerance for objectionable content or abusive users. You may not post or send content that:

Is hateful, harassing, threatening, or promotes violence against any person or group.
Is sexually explicit, or sexualizes or endangers minors in any way.
Is fraudulent, deceptive, spam, or a scam, including fake giveaways and phishing links.
Reveals someone else’s private information without their permission.
Infringes copyright, trademark, or other rights.
Promotes illegal goods, services, or activity.

7.3 Reporting, blocking, and moderation

You can report any user, message, giveaway, or other content from inside the Service, and you can block any user so they can no longer message you. We review reports and aim to act on them within 24 hours, including removing the content and suspending or removing the user responsible.

We use automated tools to help keep the Service safe. These screen names, giveaway text, and ad text against word lists, check uploaded images, and check links against lists of known unsafe sites. We may remove or restrict content, decline a link, or suspend an account that violates these Terms or that we believe is harmful, deceptive, or unlawful, with or without notice. If you think we got a decision wrong, email [email protected] and a person will review it.

We do not pre-screen everything users post, and we are not responsible for content posted by users. Links and link previews lead to third-party sites we do not control.

7.4 Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to [email protected] with your contact details, a description of the work, the location of the content, and a statement that you have a good-faith belief the use is not authorized. We will pass notices on as Canadian law requires and may remove the content. We terminate the accounts of repeat infringers.

9. Points, levels, and achievements

Points, levels, streaks, and achievements are earned by using the Service. They are never sold, have no cash value, and are not property. They cannot be transferred, exchanged for money, or redeemed for anything outside the Service. We may change how they are earned or used, correct errors, and remove points that were earned through abuse or a mistake. Points and achievements are lost when your account is closed.

10. Giveaways and contests

Every giveaway runs under its own official rules, on its rules page (/giveaway/<slug>/rules), linked from the giveaway itself. Generally: no purchase necessary, void where prohibited, and one entry per person per event. Entering may use in-app points; points are earned by using the Service and are never sold.

The draw. Winners are chosen by a seeded random draw from valid entries. For some events the draw weights entries by when they were made, as described in that event’s official rules. The draw seed is recorded so a draw can be audited.
Eligibility. A giveaway may be limited to a geographic zone, a minimum level, followers of the host, or a maximum number of entries. We may verify eligibility, including your location, before awarding a prize. If the law where you live requires it, you may have to correctly answer a skill-testing question before a prize is awarded.
Prizes. Prizes are gift cards delivered to your Gift64 wallet, unless the official rules say otherwise. Prizes cannot be exchanged for cash. You are responsible for any tax on a prize.
Hosts. Some giveaways are hosted by users, shops, or sponsors rather than by us. The host is responsible for the giveaway and for funding its prizes. Hosts must follow these Terms and the law, and may not charge for entry.
Disqualification and cancellation. We may disqualify any entry that violates these Terms or the event’s rules, including entries made with multiple accounts, automation, or a false location. We may cancel, suspend, or re-run a giveaway that is affected by an error, fraud, or a technical failure.
Winners. If you win, we may show your username and avatar as a winner on the Service.

11. Gift cards and your wallet

11.1 Who issues a gift card

Each gift card is issued by, and can be spent only at, the shop named on it (or the locations that shop has chosen). The shop, not Gift64, is responsible for honouring the card and for the goods and services you buy with it. We provide the technology that sells, stores, transfers, and redeems the card, and we process payment on the shop’s behalf. When you buy a gift card, your payment goes to the shop through Stripe at the time of purchase, less our platform fee.

11.2 Buying a gift card

Prices are in Canadian dollars unless shown otherwise. Any fee or tax payable by you is shown before you pay.
A purchase is complete only once we have confirmed the payment with our payment processor. If a payment fails or is reversed, the card is not issued or may be cancelled.
We may limit the value or number of gift cards you can buy, hold, or transfer, and may decline a purchase to prevent fraud.

11.3 Expiry and fees

Gift cards you pay for do not expire. There are no activation, inactivity, maintenance, or balance-check fees. Gift cards you receive for free — for example giveaway prizes, promotional cards, and sponsored or community-pool cards — may have an expiry date or other conditions. Where they do, the date and conditions are shown on the card.

11.4 Using a gift card

You redeem a gift card at the shop by showing the code in the app, tapping the shop’s terminal, or approving a payment request. For your protection, some redemptions work only while you are at the shop.
The amount redeemed is deducted from the card’s balance. Any remaining balance stays on the card. You can see your balance and history in your wallet.
Gift cards cannot be redeemed for cash, reloaded, or returned, except where the law requires. They cannot be used to buy another gift card unless the shop allows it.
If you return something you bought with a gift card, the shop’s return policy applies, and any refund may be put back on a gift card.

11.5 Sending a gift card to someone else

You can transfer a gift card to another person with a transfer code or through a message. A transfer code works like cash: anyone who has the code may be able to claim the card, so share it only with the person you intend. You can cancel a transfer that has not yet been claimed. Once a transfer has been claimed it is final and we cannot reverse it, except where we find fraud or a mistake on our side. Unclaimed transfers expire and the card returns to you.

11.6 Giving a gift card back to the community

Where the Service lets you give a gift card to a community pool or to a giveaway, that gift is final once made. It is a gift to the community.

11.7 Refunds, errors, and lost access

Gift card purchases are final and non-refundable, except where the law requires or where we or the shop made an error. If you were charged but did not receive your card, or you see a redemption you did not make, contact [email protected] within 30 days and we will investigate.
Gift cards are stored in your account, so a lost phone does not mean a lost card: sign in on another device to reach your wallet. You are responsible for redemptions and transfers made with your account or transfer code before you tell us that your account has been compromised.
If a shop closes, leaves the Service, or becomes insolvent, it may not be able to honour its gift cards. Because payment goes to the shop when the card is bought, we cannot guarantee a refund in that case, but we will help you contact the shop and will tell you about any options we are able to offer.
We may suspend or cancel a gift card that was obtained by fraud, with a stolen payment method, through a payment that is later reversed or disputed, or in breach of these Terms.

11.8 Closing your account

Gift cards are tied to your account. If you delete your account, any gift cards left in your wallet are removed and cannot be recovered, so spend them or transfer them to someone else first. We will not close an account for inactivity alone while it holds a gift card you paid for.

12. Shops, deals, and sponsors

Deals, offers, and sponsor promotions are provided by the shop or sponsor named on them and are subject to their conditions, such as limited quantities, locations, and end dates. A deal may need to be claimed and redeemed in person. We do not guarantee that a deal will be available or honoured, and any dispute about goods or services is between you and the shop. Tell us at [email protected] if a shop refuses to honour a deal or a gift card, so we can look into it.

13. Sponsoring and giving back

Gift64 Inc. does not accept donations. Businesses and people take part in community giveaways by sponsoring them: offering gift cards, products, services, or other prizes, or by giving unused gift card balance back to the community pool (see section 11.6). Sponsors may be named on the giveaways they support and on our sponsors page if they choose.

Sponsorships and giving back are arranged with the Gift64 team or made through the gift card features of the Service. Nothing you sponsor or give back earns you giveaway entries, points, or better odds.

14. Payments

Payments on the Service are handled by Stripe, Inc. and its affiliates. Your use of Stripe’s services is subject to Stripe’s Consumer Terms and Privacy Policy. We never see or store your full card number.

You confirm that you are authorized to use the payment method you provide.
If a payment is reversed, disputed, or charged back, we may cancel what it paid for, including a gift card, and suspend your account while we investigate.
If we make a pricing or processing error, we may correct it, including by cancelling and refunding the transaction.
Digital content and points are never sold through the Service. Gift cards are for goods and services in the physical world, provided by the shop that issued them.

15. Advertising

The Service shows ads and sponsored content from local shops, sponsors, and other advertisers, placed through our own advertising platform. Ads are labelled. Advertisers are responsible for their ads and for what they offer; an ad is not our endorsement. We do not sell your personal information to advertisers. The Privacy Policy explains how ads are chosen.

16. SMS terms (Twilio)

When you submit a phone number for verification, you consent to receive a one-time verification code by SMS, sent through our service provider Twilio. Standard message and data rates from your mobile carrier may apply. Message frequency depends on your activity (typically just at sign-up and on security events).

You can stop receiving SMS at any time by replying STOP (where supported by your carrier) or by removing the phone number from your account in your account settings. For help, reply HELP or email [email protected]. Carriers are not liable for delayed or undelivered messages.

17. Email terms (SendGrid)

Transactional emails — password resets, verification messages, gift card receipts, gift card transfer notices, and account-security notices — are part of the Service and cannot be unsubscribed from while you have an active account, because they are necessary to operate it. They are sent through Twilio SendGrid on our behalf.

Marketing or promotional emails require your separate consent, as Canada’s anti-spam law (CASL) requires, and always identify us and include an unsubscribe link. You can also opt out at any time by emailing [email protected].

18. Third-party services

The Service relies on third parties: Google (sign-in, Maps, Firebase, Analytics), Apple (sign-in, push notifications), Meta/Facebook (sign-in), Microsoft (sign-in), X Corp. (sign-in), Twilio (SMS), Twilio SendGrid (email), Stripe (payments), and Cloudflare (CDN, R2 storage). When you use a feature that depends on one of these services, that provider’s terms and privacy policy apply alongside ours. We are not responsible for outages or actions of third parties, but we will work to restore service quickly.

19. Intellectual property and feedback

The Service, including the Gift64 name, logo, mascot, artwork, designs, text, software, and database content (other than user content), is owned by Gift64 or its licensors and is protected by copyright, trademark, and other laws. We grant you a personal, non-transferable, revocable, limited license to use the Service in accordance with these Terms. Nothing in these Terms transfers any of our intellectual-property rights to you.

If you send us ideas or feedback, we may use them without restriction or payment.

20. Privacy and security

Our Privacy Policy explains what we collect and how we protect it. We work hard to keep the Service secure, but no online service can promise perfect security. You help by using a strong, unique password, turning on two-factor authentication, and keeping your device and codes private. If you find a vulnerability, please report it to [email protected] and give us reasonable time to fix it before disclosing it; we will not take legal action against good-faith research that follows this process.

21. Suspension and termination

You can close your account at any time from your account settings or by following our deletion instructions. Read section 11.8 first if you hold gift cards.

We can suspend or terminate your account, or limit features such as transfers, if you violate these Terms, if we suspect fraud or a security risk, if your account is inactive for an extended period, or if we are required to by law. Where we can, we will tell you why and give you a chance to respond. If we close your account for a reason other than your fraud or breach, we will give you a reasonable opportunity to spend or transfer any gift cards you paid for. Points, entries, and achievements are lost when an account is closed.

Sections of these Terms that by their nature should survive termination (content license, intellectual property, disclaimers, limitations of liability, indemnification, governing law) will continue to apply.

22. Disclaimer and limitation of liability

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that giveaways will produce any particular outcome, or that any shop will remain on the Service or in business.

To the maximum extent permitted by law, Gift64 and its directors, officers, employees, volunteers, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service, or for the acts or omissions of shops, sponsors, advertisers, giveaway hosts, or other users. Our total cumulative liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim, or (b) CAD $100.

Some jurisdictions do not allow the limitations above; in those places, our liability is limited to the smallest extent permitted by law. Nothing in these Terms takes away rights you have under consumer protection law that cannot be waived, including under Ontario’s consumer protection legislation and, for Quebec residents, the Consumer Protection Act.

23. Indemnification

You agree to defend, indemnify, and hold harmless Gift64 and its directors, officers, employees, volunteers, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your use of the Service in violation of these Terms, (b) content you submit, (c) a giveaway you host, or (d) your violation of any law or third-party right. This section does not apply to consumers where the law does not allow it.

24. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles. The courts of Ontario have exclusive jurisdiction to hear any dispute arising out of or relating to these Terms or the Service, and you and we consent to the personal jurisdiction of those courts. If you are a consumer, this does not remove any right you have under the law where you live to bring a claim in your local courts or under your local consumer law.

Please contact [email protected] first. Most concerns can be resolved quickly that way.

25. Changes to these Terms and to the Service

We may update these Terms from time to time. When we do, we will post the new version here with an updated effective date. For material changes, we will notify registered users by email or in the app at least 14 days before the new Terms take effect. Continuing to use the Service after a change means you accept the updated Terms. If you do not agree, you can close your account before the change takes effect. A change will not take away a gift card balance you have already paid for.

We may add, change, or remove features of the Service. If we ever shut down the Service, we will give reasonable notice so you can spend or transfer your gift cards.

26. General

Entire agreement. These Terms, the Privacy Policy, and any additional terms that apply to you are the entire agreement between you and us about the Service.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.
Assignment. You may not assign these Terms. We may assign them to a successor organization that takes over the Service.
Events beyond our control. We are not liable for delays or failures caused by events beyond our reasonable control.

27. Contact us

Legal notices: [email protected]
Privacy questions: [email protected]
Security reports: [email protected]
General support: [email protected]
Billing and Interac e-Transfer payments: [email protected]
Sponsoring a giveaway: [email protected]
Anything else: [email protected]
Postal mail: Gift64 Inc., 120 East Beaver Creek Road, Unit 200, Richmond Hill, Ontario L4B 4V1, Canada