Terms and Conditions

1. Distinction Between Registered Users and Recipients

We maintain a strict separation between account holders and recipients:

• Registered App Users: Users who download our mobile app and sign up must provide accurate profile data (e.g., name, phone number, email, age). Registered users are responsible for all activities occurring under their account.
• Recipients (No Account Required): Recipients who interact with our receiver interface are not creating an account and are not required to sign up or submit personal profile data. Where prompted, recipients may choose to opt in to SMS notifications by submitting their phone number. Recipients can opt out of SMS communications at any time by replying STOP.

2. User Communications and Message Lifespan

We enable users to send messages alongside digital gestures. Users agree not to send illegal, abusive, harassing, or fraudulent messages. All messages transmitted through our platform are temporary and will be permanently deleted after a set retention period in accordance with applicable legal guidelines.

3. Digital Vouchers and Third Party Merchants

• Merchant Fulfillment: We enable the sending and redemption of digital vouchers fulfilled through authorized merchant APIs.
• Brand Trademarks: All third party merchant trademarks, brand names, and logos belong exclusively to their respective owners. The availability of a digital voucher does not imply direct ownership, co branding, or joint venture partnership between us and the issuing merchant beyond standard digital gift issuance.
• Redemption Rules: All vouchers are subject to the standard redemption rules and terms set by the issuing merchant. Once we successfully issue a voucher code, we are not liable for lost, stolen, or improperly redeemed vouchers.

4. Prohibited Conduct

Users and recipients agree not to:

• Input false or unauthorized recipient phone numbers.
• Use our receiver or messaging tools to send spam, bulk marketing, or unsolicited communications.
• Attempt to reverse engineer, scrape, decompile, or breach the security of our application, servers, or web infrastructure.

5. SMS Notification Terms

By opting in to receive SMS alerts on our receiver interface, recipients consent to receive transactional text messages. Message and data rates may apply. Recipients can stop receiving text messages from us at any time by replying STOP.

6. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from the use of our Services, delayed SMS deliveries, or third party voucher redemptions.

7. Disclaimer of Warranties

We provide our Services on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.

8. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to The Gesture™ shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. All parties agree to submit to the exclusive jurisdiction of the state and federal courts located in New York.