Terms of Service

PLEASE READ: These Terms contain a binding individual-arbitration agreement and a class-action waiver (see “Dispute resolution” below) that affect how disputes are resolved and limit your legal rights. You may opt out of arbitration within 30 days of accepting these Terms.

Last updated: 2026-07-12. These terms are written to be fair and readable, but they are not a substitute for legal advice. They should be reviewed by a licensed attorney before broad public launch given the AI, photo, and subscription features described below.

Our promise about your bio data

We don’t sell your bio data. Ever. Your peeps’ favorite colors, where they vacation, what they love, what they avoid — none of it is ever sold, rented, shared with data brokers, traded with marketing partners, or used for advertising of any kind. Bio data is used for exactly one purpose: tailoring gift picks for you, by you, inside Gift Pong.

Necessary processors (the only external services that see bio data)

To work at all, the app passes bio data through three contractually-bound processors. None of them are permitted to sell, share, or repurpose it:

  1. Supabase — our database. Stores bios with row-level security so only the owner can read their own slices.
  2. Anthropic (Claude AI) — generates gift suggestions. Bio context is included in the prompt. Anthropic does not train on API data and deletes prompts within 30 days. Their terms prohibit onward sale.
  3. Google (Gemini AI) — generates greeting-card artwork. May see small bio fragments. Paid-tier prompts are not used for training and are deleted within 24 hours.

If any of these vendors ever changes their terms to allow selling customer data, we will migrate off them. This is a hard commitment.

The way we make money never involves selling your personal or bio data. Our revenue comes from affiliate commissions (paid by Amazon / Etsy / Google when a Buy link is clicked), paid subscriptions, and — where offered — gift-card fulfillment (see Section 6). None of those involves selling your data, and those merchants never see your bio data.

This promise is also published at /privacy and surfaced inline on every bio surface so it never has to be hunted for.

1. Use of the service

Gift Pong (giftpong.com) lets you create personalized greeting cards and AI-generated gift suggestions. By using the service, you agree to use it lawfully and not to:

2. Your content; license you grant us

You keep ownership of the answers you submit (the “User Content”). By submitting User Content, you represent that you have the right to submit it and you grant Gift Pong a worldwide, non-exclusive, royalty-free license to host, store, display, and process the User Content for the purpose of generating and delivering the resulting card and gift suggestions.

If your User Content contains copyrighted material from a third party (song lyrics, movie quotes, etc.), you confirm you have the right to use it for personal non-commercial purposes. Don’t paste in things you don’t have rights to.

3. AI-generated output

The card message and gift suggestions are produced by an AI model based on your inputs. You may use the resulting card for personal, non-commercial purposes. We do not claim copyright in AI-generated output you create through the service. Output may not always be perfect, accurate, or to your taste — treat it as a draft you can edit and reshare.

You agree not to use AI-generated output from Gift Pong for unlawful, defamatory, or commercial-resale purposes (selling AI-generated cards as a competing product is not permitted).

Reporting AI content. Gift Pong is AI-assisted, and AI output can occasionally be wrong, inaccurate, or objectionable. If any AI-generated card or image is offensive, unsafe, or violates these Terms, you can flag it with the in-product “Report this card” control or by emailing support@giftpong.com; we review flagged output and remove anything that violates these Terms.

4. Trademarks and our intellectual property

Gift Pong is not affiliated with, endorsed by, or sponsored by any of the brands or retailers that appear in gift suggestions. Brand names are referenced for identification purposes only (nominative fair use). All trademarks are the property of their respective owners.

The Gift Pong service itself — including its software, design, user interface, card templates, and the “Gift Pong” name and logo — is owned by Gift Pong LLC and protected by intellectual-property law. Using the service gives you a limited license to use it as described in these Terms; it does not give you any ownership interest in the service, its software, or its branding.

5. Affiliate links and disclosure

Some links on the service (typically gift-suggestion search links) may be affiliate links. If you click one and make a qualifying purchase, Gift Pong may earn a small commission at no additional cost to you. As an Amazon Associate we earn from qualifying purchases (when our Amazon Associates account is active).

Affiliate revenue is disclosed clearly on the card page above any affiliate links, in accordance with FTC endorsement guidelines.

6. Gift cards

Some Gift Pong gifts are fulfilled as digital gift cards or stored-value rewards through our fulfillment partner. When a gift card is fulfilled through Gift Pong, it does not expire earlier than five (5) years from the date of issuance or the date funds were last loaded, consistent with the federal CARD Act, and we honor stricter state requirements where they apply (for example, gift cards issued to recipients in states that prohibit expiration will not expire). We do not charge dormancy or inactivity fees except as permitted by law, and unredeemed balances are handled in accordance with applicable state unclaimed-property law. The underlying gift card or reward is issued and serviced by our partner and the applicable retailer, whose terms also apply; Gift Pong is not responsible for transactions completed on third-party retailer sites.

7. AI is not perfect

The card message is generated by an AI model. It may occasionally misinterpret answers, produce awkward phrasing, or get a small detail wrong. Treat it as a draft. If you spot something off, don’t send it.

8. Account and admin

You are responsible for the security of your account password and for activity under your account. The service has an admin allowlist — admin features are not available to general users.

9. Termination

We may suspend or terminate accounts that violate these terms. You can delete your account at any time by contacting us.

10. Photos, likeness & AI face blending

Gift Pong lets you upload a photo and uses AI to blend a face into the card artwork. Because this is sensitive, you agree that:

Biometric data & your consent. The facial-feature analysis used to create a blend may be a biometric identifier under laws such as the Illinois Biometric Information Privacy Act (BIPA). By uploading a photo and choosing to blend, you give your informed consent for Gift Pong to collect and use the facial geometry from that photo for the sole purpose of generating your card. We never sell, lease, trade, or profit from biometric data, and we destroy it on the retention schedule described in our Privacy Policy. You can withdraw consent and delete your photos and account at any time from your settings.

If you believe your photo or likeness was used without your permission, use the in-product “Report this card” link or email hello@giftpong.com and we will review and remove it.

11. Indemnification

In addition to the photo/likeness indemnification in Section 10, you agree to indemnify and hold harmless Gift Pong, its officers, and its LLC members from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your violation of any law or third party’s rights (including intellectual-property rights) through your use of the service; or (c) User Content you submit. This does not apply to claims arising from Gift Pong’s own violation of these Terms or applicable law.

12. Reporting & takedown

Every card has a “Report this card” control, and you can also email support@giftpong.com.

Nonconsensual intimate images (TAKE IT DOWN Act). If an intimate visual depiction of you — including an AI-altered or computer-generated depiction — appears on Gift Pong without your consent, you may request its removal. Please include: (a) your physical or electronic signature; (b) identification of the image and where it appears; (c) a brief statement, made in good faith, that you did not consent to it; and (d) your contact information. We will remove content covered by a valid request as soon as possible and no later than 48 hours, and will make reasonable efforts to identify and remove known identical copies. We may remove apparently nonconsensual content in good faith. The fastest way to request removal is our intimate-image removal form.

Zero tolerance — sexual content & child safety. Gift Pong has zero tolerance for nudity and for sexually explicit or sexually suggestive content involving anyone, of any age. This is a non-sexual, adults-only (18+) service; such content is never permitted under any circumstance and results in immediate removal and account termination.

Child sexual abuse material (CSAM). Any image that depicts, or appears to depict, a minor in a sexually explicit manner is strictly and absolutely prohibited. Upon obtaining knowledge of apparent CSAM, Gift Pong reports it to the National Center for Missing & Exploited Children (NCMEC) CyberTipline as required by 18 U.S.C. § 2258A, preserves the material for at least one year, and cooperates with law enforcement.

Copyright takedown requests are handled under our Copyright / DMCA Policy.

13. Subscriptions & billing

Paid plans (Plus, Pro, and Business tiers) are recurring subscriptions billed through Stripe. By subscribing you authorize Gift Pong to charge your payment method the stated price on a recurring basis. Your subscription automatically renews at the end of each billing period at the then-current price until you cancel. You can cancel at any time — cancellation is self-service and takes effect at the end of the current period — from your account billing portal. Fees already charged for the current period are generally non-refundable except where required by law. We’ll give notice of material price changes before they take effect.

Free trials & auto-renewal. Some plans start with a free trial (for example, a 7-day free trial of Plus or Pro). Your free trial begins when you start it, and we disclose these terms and ask for your agreement before it begins. Unless you cancel before the trial ends, your free trial automatically converts into a paid subscription and we charge your payment method the then-current price for the plan you chose (currently Plus at $4.99/month and Pro at $9.99/month), which then renews automatically each billing period until you cancel. You can cancel at any time before the trial ends to avoid being charged, and cancel afterward to stop future renewals — cancellation is self-service and online, from your account billing portal, and takes effect at the end of the then-current period.

Plans and prices may change. Gift Pong is actively growing. As we add new capabilities (and retire others), we may add, modify, rebalance, or remove features, allowances, and plan contents of any tier — for example, changing monthly card, blend, or motion counts as tiers gain access to new features — and we may change subscription prices. We’ll give you notice of material changes to prices or plan contents before they take effect (by email or in-app notice), and a price change applies no earlier than your next billing period after that notice. If you don’t agree with a change, cancel before your next renewal — continuing to use the service after a change takes effect means you accept it. Fees already paid for the current period aren’t affected by a change.

14. Dispute resolution; arbitration & class-action waiver

Please read this carefully — it affects your legal rights. Except where prohibited by law, you and Gift Pong agree that any dispute arising out of or relating to these terms or the service will be resolved by binding individual arbitrationadministered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org), rather than in court, and not in a class, collective, or representative action. You and Gift Pong waive the right to a jury trial and the right to participate in a class action. This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator, not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement.

Carve-outs. Either party may instead bring an individual claim in small-claims court. Either party may also seek emergency injunctive relief in court (for example, to stop unauthorized access, IP infringement, or misuse of the service) without first arbitrating, and doing so does not waive the right to compel arbitration of the underlying dispute.

You may opt out of this arbitration agreement within 30 days of first accepting these terms by emailing hello@giftpong.com with the subject “Arbitration opt-out.” If we make a material change to this section in the future, we’ll notify you (by email or in-app notice) and give you a new 30-day window to opt out of the changed terms in the same way.

15. Age requirement

Gift Pong is for adults 18 and older. You must be at least 18 years old to create an account, upload a photo, or purchase a subscription. We verify date of birth at signup and do not knowingly collect data from anyone under 18 — including any child under 13 (see our Privacy Policy and COPPA). If we learn a user is under 18, we remove the account and delete the associated data.

16. Liability

The service is provided “as is” and “as available,” without warranties of any kind. To the maximum extent permitted by law, Gift Pong disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law: (a) Gift Pong is not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the service; and (b) Gift Pong’s total liability for any claim arising out of or relating to these Terms or the service will not exceed the greater of the amount you paid Gift Pong in the 12 months before the claim arose, or $100.

These limits don’t apply to: your indemnification obligations under Sections 10 and 11; either party’s gross negligence, fraud, or willful misconduct; or any liability that cannot be limited under applicable law.

17. Export compliance

Gift Pong is operated from the United States and hosted on U.S.-based servers, so downloading or using the service may be treated as a U.S. export. You agree to comply with all applicable U.S. and other export-control and economic-sanctions laws. You represent that you are not located in, under the control of, or a national or resident of any country or region subject to a comprehensive U.S. embargo, and that you are not on any U.S. government restricted-, denied-, or blocked-party list. Access to the service may be blocked in embargoed jurisdictions.

18. Changes

We may update these terms. Material changes will be posted on this page with an updated date, and where a change is material we’ll also make reasonable efforts to notify you (by email or an in-app notice) before it takes effect. Continuing to use the service after a change takes effect means you accept the updated terms; if you don’t agree, stop using the service and, if applicable, cancel your subscription.

19. General provisions

Governing law. Except as this section on Dispute Resolution otherwise requires arbitration, these Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules, and any claim not subject to arbitration will be brought in the state or federal courts located in Colorado.

Severability. If any provision of these Terms is found unenforceable, the rest of the Terms remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire agreement. These Terms, together with our Privacy Policy and the policies they reference (the Copyright/DMCA Policy, the NCII removal process), are the entire agreement between you and Gift Pong about the service, and supersede any prior agreements on this subject.

App Store license. If you downloaded the app through Apple’s App Store, your license to install and run that copy of the app is governed separately by Apple’s Standard End User License Agreement between you and Gift Pong LLC as the Application Provider. These Terms govern your use of the Gift Pong service and your account; Apple’s Standard EULA governs only the App Store license itself and does not affect the governing law, arbitration, or any other provision of these Terms.

Assignment. You may not assign or transfer these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control, including outages of a third-party service we depend on (for example, our hosting, AI, or payment providers).

No waiver. If we don’t enforce a provision of these Terms, that isn’t a waiver of our right to enforce it later.

Notices. We may send you notices related to these Terms by email to the address on your account or by posting an in-app notice. Legal notices to us should be sent to hello@giftpong.com.

20. Contact

Questions: support@giftpong.com