1. Account Registration and Use
   
   

To use some features of our App, you may need to create an account. You must provide accurate and complete information when creating your account and keep your account information updated. You are responsible for maintaining the security and confidentiality of your account and password. You must not share your account or password with anyone else or use anyone else’s account or password without their permission. You must notify us immediately if you suspect any unauthorized access or use of your account or password.

You are responsible for all activities that occur under your account, whether or not you authorized them. We are not liable for any loss or damage arising from your failure to comply with these account requirements.

We may suspend or terminate your account at any time and for any reason, with or without notice, at our sole discretion. You may also cancel your account at any time by contacting us at info@prezzly.app. If you cancel your account, you will lose access to all services and features associated with your account. You will also forfeit any unused credits or balances in your account. We are not obligated to refund or compensate you for any loss or inconvenience resulting from your account cancellation.

2. Gift Suggestions and Product Listings
   
   

Our App uses AI technology to suggest gifts to you based on your preferences and the preferences of the intended recipients that you will enter into the App. You can also browse through various product listings offered by different sellers on our App. However, we do not guarantee the accuracy, completeness, suitability, or reliability of any information or suggestions generated by our AI technology or provided by the sellers. You are solely responsible for verifying the information and evaluating the suitability of any products or services suggested or listed on our App before making any purchase decisions.

We do not endorse, sponsor, or recommend any products or services suggested or listed on our App. We do not have any control over the quality, safety, legality, availability, or delivery of the products or services suggested or listed on our App. We are not a party to any transactions or contracts between you and the sellers or third-party providers. We are not liable for any damages or losses arising from your use of or reliance on our App, its information, or its suggestions.

3. Order Processing and Payment Processing
   
   

When you place an order for a product or service on our App, you are making an offer to buy that product or service from the seller. The seller has the right to accept or reject your offer at their sole discretion. Once the seller accepts your offer, a contract is formed between you and the seller, and you are obligated to pay the full amount of the order, including any Applicable taxes, fees, and shipping costs.

We use third-party payment processors to process your payments on our App. You must provide valid and current payment information when placing an order on our App. You authorize us and our payment processors to charge your payment method for the total amount of your order. You are responsible for paying any additional charges or fees imposed by your payment method provider or bank. We are not responsible for any errors or failures in the payment processing, such as declined payments, insufficient funds, or unauthorized charges.

We do not store or have access to your payment information, such as your credit card number or bank account number. Your payment information is subject to the privacy policy and terms of service of the payment processor. You are responsible for reviewing and complying with the payment processor’s policies and terms.

4. Delivery and Customer Service
   
   

We use third-party delivery services to deliver your orders to the recipients. You must provide accurate and complete delivery information when placing an order on our App. You are responsible for any additional costs or delays caused by incorrect or incomplete delivery information. We are not responsible for any errors or failures in the delivery service, such as lost, damaged, delayed, or stolen packages.

We provide customer service to assist you with any issues or questions related to our App, its features, or your orders. You can contact us at info@prezzly.app or through the App. We will try to respond to your inquiries as soon as possible, but we do not guarantee any response time or resolution. We are not responsible for any damages or losses arising from your use of or reliance on our customer service.

5. Feedback and Reviews
   
   

You may leave feedback and reviews for the sellers, products, services, or delivery services on our App. You must provide honest, accurate, and fair feedback and reviews that reflect your personal experience and opinion. You must not provide feedback or reviews that are false, misleading, defamatory, abusive, harassing, hateful, discriminatory, or illegal. You must not provide feedback or reviews that violate the rights or interests of any third parties, including the sellers, other users, or us.

We reserve the right to monitor, moderate, edit, delete, or remove any feedback or reviews on our App at any time and for any reason, with or without notice, at our sole discretion. We do not endorse, sponsor, or recommend any feedback or reviews on our App. We do not have any control over the accuracy, completeness, suitability, or reliability of any feedback or reviews on our App. We are not liable for any damages or losses arising from your use of or reliance on any feedback or reviews on our App.

By providing feedback or reviews on our App, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display your feedback or reviews in any media and for any purpose, without any compensation or attribution to you. You also waive any moral rights or claims you may have in your feedback or reviews.

6. Intellectual Property Rights
   
   

We own and retain all rights, title, and interest in and to our App, its features, its content, its suggestions, its trademarks, its logos, and its domain names, including but not limited to any patents, copyrights, trade secrets, trade dress, or other intellectual property rights. Nothing in these terms of service grants you any license or permission to use, copy, reproduce, distribute, display, modify, or create derivative works based on our App, its features, its content, its suggestions, its trademarks, its logos, or its domain names, without our prior written consent.

You own and retain all rights, title, and interest in and to your feedback and reviews, subject to the license and waiver granted in section 5. You are solely responsible for obtaining and maintaining any necessary licenses, permissions, or consents for any third-party content or materials that you use, upload, post, or share on our App. You represent and warrant that your use, upload, post, or share of any third-party content or materials does not violate the rights or interests of any third parties, including but not limited to any intellectual property rights, privacy rights, or publicity rights.

We respect the intellectual property rights of others and expect you to do the same. If you believe that your intellectual property rights have been infringed or violated by any content or material on our App, please contact us at info@prezzly.app and provide us with the following information:

1. A description of the intellectual property right that you claim has been infringed or violated;
2. A description of the content or material that you claim is infringing or violating your intellectual property right, and where it is located on our App;

• Your name, address, email address, and phone number;

1. A statement by you that you have a good faith belief that the use of the content or material in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law;
2. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the intellectual property right owner’s behalf; and
3. Your physical or electronic signature.

We will respond to your notice as soon as possible and take appropriate action in accordance with Applicable laws and regulations.

7. Disclaimer of Warranties
   
   

Our App, its features, its content, its suggestions, its products, its services, and its delivery services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, suitability, reliability, availability, security, or performance.

We do not warrant that our App, its features, its content, its suggestions, its products, its services, or its delivery services will meet your expectations, requirements, or needs, or that they will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

We do not warrant that any feedback, reviews, ratings, or testimonials on our App are accurate, complete, truthful, or representative of the actual experience or opinion of the users or customers.

Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some or all of the above exclusions or limitations may not apply to you.

8. Limitation of Liability
   
   

To the fullest extent permitted by law, we and our affiliates, partners, licensors, and agents are not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages or losses arising from or in connection with your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services, including but not limited to damages or losses for loss of profits, revenue, data, goodwill, or other intangible losses.

This limitation of liability applies whether the damages or losses are based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages or losses.

Some jurisdictions do not allow the exclusion or limitation of certain damages or losses, so some or all of the above exclusions or limitations may not apply to you.

In no event shall our total liability to you for all damages or losses arising from or in connection with your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services exceed the amount paid by you to us for the product or service that gave rise to the claim, or one hundred US dollars (USD 100), whichever is lower.

9. Indemnification
   
   

You agree to indemnify and hold harmless us and our affiliates, partners, licensors, and agents from and against any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or in connection with:

• Your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services;
• Your violation of these terms of service, our privacy policy, or any Applicable laws or regulations;
• Your violation of the rights or interests of any third parties, including the sellers, other users, or us;
• Your feedback, reviews, ratings, or testimonials on our App; or
• Any other act or omission by you that results in damage or loss to us or any third parties.

10. Dispute Resolution
    
    

If you have any dispute, claim, or controversy with us or our affiliates, partners, licensors, or agents arising from or in connection with your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services, or these terms of service, our privacy policy, or any Applicable laws or regulations, you agree to first contact us at info@prezzly.app and try to resolve the dispute, claim, or controversy informally and in good faith.

If we are not able to resolve the dispute, claim, or controversy within 30 days of your contact, you or we may initiate a binding arbitration proceeding under the rules of the American Arbitration Association (AAA). The arbitration will be conducted by a single arbitrator, selected by mutual agreement of the parties, or by the AAA if the parties cannot agree. The arbitration will be held in LEXINGTON COUNTY arbitration and mediation court unless otherwise agreed by the parties. The arbitration will be governed by the laws of the State of SOUTH CAROLINA, without regard to its conflict of laws principles. The arbitrator’s decision will be final and binding, and may be enforced in any court of competent jurisdiction. The arbitrator will have the authority to award any relief or remedy that would otherwise be available in court, but will not have the authority to award any punitive or exemplary damages. The arbitrator will also have the authority to award costs and fees to the prevailing party, as determined by the arbitrator.

You and we agree that any arbitration proceeding will be conducted on an individual basis, and not on a class, collective, or representative basis. You and we also agree that any arbitration proceeding will be confidential, and that neither party will disclose any information or evidence related to the arbitration, except as required by law or as necessary to enforce the arbitrator’s decision.

You and we agree to waive any right to a jury trial or to participate in a class action or other representative action in any court or arbitration proceeding arising from or in connection with your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services, or these terms of service, our privacy policy, or any applicable laws or regulations. You and we also agree to waive any right to Appeal or seek review of the arbitrator’s decision, except as permitted by law.

Some jurisdictions do not allow the exclusion or limitation of certain rights or remedies, so some or all of the above exclusions or limitations may not apply to you.

11. Governing Law and Jurisdiction
    
    

These terms of service, our privacy policy, and any applicable laws or regulations are governed by and construed in accordance with the laws of the State of SOUTH CAROLINA, without regard to its conflict of laws principles. You and we agree to submit to the exclusive jurisdiction of the courts of the State of SOUTH CAROLINA  for any legal action or proceeding arising from or in connection with your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services, or these terms of service, our privacy policy, or any applicable laws or regulations, except as otherwise provided in section 10.

12. Severability and Waiver
    
    

If any provision of these terms of service, our privacy policy, or any applicable laws or regulations is found to be invalid or unenforceable by any court or arbitrator, that provision will be severed from the rest of the terms, and the remaining provisions will remain in full force and effect.

Our failure or delay to exercise or enforce any right or remedy under these terms of service, our privacy policy, or any applicable laws or regulations does not constitute a waiver of that right or remedy, or any other right or remedy. Any waiver of any right or remedy must be in writing and signed by us.

13. Amazon Affiliate Program Disclosure
    
    

Our app participates 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. As part of this program, our app includes affiliate links to Amazon products. When you click on these links and make a purchase, we receive a small commission from Amazon.

This arrangement does not increase the cost of any products for you; it is a part of the sales agreement between Amazon and our app. The commissions earned contribute to the development and maintenance of our app, ensuring we can continue to provide and improve our services.

By using our app, you acknowledge and consent to our participation in the Amazon Services LLC Associates Program and our use of affiliate links as described above.

14. Entire Agreement and Assignment
    
    

These terms of service and our privacy policy constitute the entire agreement between you and us regarding your use of or inability to use our App, its features, its content, its suggestions, its products, its services, or its delivery services, and supersede any prior or contemporaneous agreements, communications, or representations, whether oral or written, between you and us.

You may not assign or transfer your rights or obligations under these terms of service or our privacy policy to any third party, without our prior written consent. We may assign or transfer our rights or obligations under these terms of service or our privacy policy to any third party, with or without notice, at our sole discretion.

15. Contact Us
    
    

If you have any questions or concerns about our App, its features, its content, its suggestions, its products, its services, its delivery services, these terms of service, or our privacy policy, please contact us at info@prezzly.app, or call us at Tel:+1(803)814-5225.

We are happy to assist you. Thank you for choosing our App for your gift-giving needs.