← Back to Boss Gifts

Terms of Service

Last updated: February 2, 2025

These Terms of Service (“Terms”) are a legal agreement between you and Holiday Gift Experiences LLC (“Company,” “we,” “us,” or “our”) governing your use of the Boss Gifts platform and related services (the “Services”). By creating an account or using the Services, you agree to these Terms. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

1. Description of Services

Boss Gifts provides a platform for businesses to send digital gifts, greeting cards, and related communications to employees, clients, or other recipients. Services may include scheduling gifts, message creation (including AI-assisted messaging), delivery via email and SMS, and related tools. We may modify, suspend, or discontinue any part of the Services with reasonable notice where feasible.

2. Account and Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate and complete information and update it as needed.

3. Acceptable Use

You agree not to:

  • Use the Services for any illegal purpose or in violation of any applicable laws.
  • Send spam, unsolicited messages, or communications that violate recipient consent or applicable telephony/messaging rules (e.g., TCPA, CTIA guidelines).
  • Impersonate any person or entity or misrepresent your affiliation.
  • Interfere with or disrupt the Services or our systems.
  • Scrape, reverse engineer, or attempt to gain unauthorized access to the Services or our systems.
  • Use the Services to harass, abuse, or harm others.

You are responsible for obtaining appropriate consent from recipients before adding their contact information and sending messages (including SMS) through the Services. You must comply with all applicable messaging and data protection laws.

4. Payment and Fees

Fees for gifts, subscriptions, or other paid features are as disclosed at the time of purchase or in your account. You are responsible for all charges incurred under your account. We may change fees with reasonable notice. Unless otherwise stated, fees are non-refundable except as required by law or as we may agree in writing.

5. Intellectual Property

The Services, including software, design, text, graphics, and our trademarks, are owned by Holiday Gift Experiences LLC or our licensors. We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes in accordance with these Terms. You retain ownership of content you submit; you grant us a license to use, store, and transmit that content as needed to provide the Services.

6. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIDAY GIFT EXPERIENCES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Holiday Gift Experiences LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of any third-party rights or applicable law.

9. Termination

We may suspend or terminate your access to the Services at any time for any reason, including breach of these Terms. You may close your account at any time. Upon termination, your right to use the Services ceases. Sections that by their nature should survive (including disclaimers, limitation of liability, and indemnification) will survive termination.

10. Changes to Terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. Material changes may be communicated via email or a notice in the Services. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms.

11. General

These Terms constitute the entire agreement between you and Holiday Gift Experiences LLC regarding the Services. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. These Terms are governed by the laws of the State of Delaware (or the state in which Holiday Gift Experiences LLC is organized), without regard to conflict of law principles.

12. Contact

For questions about these Terms, contact:

Holiday Gift Experiences LLC
Email: legal@getbossgifts.com

Privacy Policy · Boss Gifts