Terms of Service

Effective May 1, 2026

These Terms of Service (the “Terms”) form a binding agreement between you and Charles Eugene Cook Jr., doing business as SuperGifter (“we,” “us,” or “our”). They govern your use of SuperGifter, accessible at supergifter.ai (the “Service”).

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Table of contents

1. The Service
2. Beta Service
3. Eligibility
4. Accounts
5. Your content and the license you grant us
6. Information about other people
7. AI-generated content
8. Acceptable use
9. Our intellectual property
10. Disclaimer of warranties
11. Limitation of liability
12. Indemnification
13. Termination
14. Dispute resolution and arbitration
15. Changes to these Terms
16. Changes to the Service
17. Governing law
18. General provisions
19. Contact

1. The Service

SuperGifter is an AI-powered gifting copilot. Through conversation, it learns about people in your life — interests, relationships, occasions, and context you share — and uses that understanding to suggest gifts that feel personal and considered. The Service stores what you share so it can build richer recommendations over time.

Use of the Service is also governed by our Privacy Policy, which describes how we handle your information.

2. Beta Service

The Service is currently offered as a beta or preview product. This means:

• Features may change, be added, or be removed at any time, with or without notice.
• The Service may experience downtime, bugs, errors, or data loss.
• Recommendations and other AI-generated output may be inaccurate, incomplete, or unexpected.
• We make no guarantees about availability, performance, accuracy, or reliability.

You acknowledge that you are using a beta product and accept these risks. If reliability is critical to your use case, do not rely on the Service for that purpose.

3. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this requirement. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The Service is intended for personal, non-commercial use. You may not use the Service if you are barred from doing so under applicable law.

4. Accounts

To access most features, you’ll need to create an account. When you do, you agree to:

• Provide accurate, current, and complete information.
• Keep your login credentials confidential.
• Be responsible for all activity that occurs under your account.
• Notify us promptly at hello@supergifter.ai if you suspect unauthorized access.

You may have only one account at a time. We may refuse to create, suspend, or terminate accounts at our discretion, including if we believe an account has been used in violation of these Terms.

You can delete your account at any time by emailing hello@supergifter.ai. Account deletion removes your data from our active systems as described in our Privacy Policy.

5. Your content and the license you grant us

What we mean by “your content”

“Your Content” means anything you provide to the Service: messages, conversations, recipient information, notes, occasion details, feedback, and any other information you share through the Service.

You own your content

You retain ownership of Your Content. We do not claim ownership of any of it.

The license you grant us

To operate the Service, we need permission to use Your Content. By providing Your Content, you grant SuperGifter a non-exclusive, worldwide, royalty-free, fully paid, sublicensable license to access, store, process, transmit, display, and otherwise use Your Content solely for the purposes of:

• Operating, providing, and maintaining the Service for you;
• Processing Your Content through AI service providers (currently Anthropic, with options for OpenAI and Google) to generate responses, recommendations, and inferences;
• Improving the Service in aggregate, non-identifiable ways;
• Complying with legal obligations.

This license lasts for as long as we hold Your Content. It ends when you or we delete Your Content, except to the extent we are legally required to retain it or it has been incorporated into anonymized, aggregated data.

What we don’t do with your content

We do not sell Your Content. We do not use it to train AI models. Our AI service providers do not use it to train their models under their commercial API terms. We do not display Your Content publicly.

Your responsibility for what you share

You are solely responsible for Your Content. You represent and warrant that:

• You have the right to share Your Content with us;
• Your Content does not violate any law, infringe anyone’s rights, or breach any contract you have with another party;
• Your Content does not contain malware, harmful code, or material designed to disrupt the Service.

6. Information about other people

SuperGifter helps you give better gifts to people in your life. To do that, you share information about those people — recipients of potential gifts. This information includes names, relationships, ages, interests, preferences, and the personal context you provide through conversation.

Recipients are not users of the Service. They have not agreed to these Terms or our Privacy Policy. They have not consented to having their information stored. You are responsible for what you share about them.

By sharing information about recipients, you represent and warrant that:

• You are sharing only information you have a legitimate reason to share — typically because you have a personal relationship with the recipient and are using the Service to give them a thoughtful gift.
• You will not share information about recipients for any purpose other than gift discovery, including (without limitation) surveillance, harassment, stalking, or commercial profiling.
• You will honor any request from a recipient to have their information removed from your account, and you will notify us at hello@supergifter.ai if you receive such a request and need our help removing it.
• You will not share details about recipients that they would consider deeply private (for example, sensitive medical, sexual, financial, or legal information) unless directly relevant to gift selection and shared with appropriate care.

If a recipient contacts us directly to request removal of their information, we may remove or anonymize references to them in your account, with or without notice to you. We may also suspend or terminate your account if we believe you are using the Service in violation of this section.

7. AI-generated content

SuperGifter uses artificial intelligence to generate conversational responses, gift recommendations, summaries, inferences, and other output (“AI Output”). AI Output is generated by third-party AI service providers (Anthropic, OpenAI, and Google) based on Your Content and our system instructions.

AI Output may be inaccurate, incomplete, biased, outdated, or otherwise unsuitable for any purpose. AI is a probabilistic system. It can:

• Misinterpret what you’ve shared;
• Suggest gifts that don’t match the recipient (for example, suggesting a leather product for a vegan, or a book the recipient already owns);
• Generate inferences about recipients that are wrong;
• Produce content that is offensive, inappropriate, or factually incorrect.

You acknowledge that:

• AI Output is provided as a starting point, not a final answer.
• You are responsible for reviewing AI Output and exercising your own judgment before acting on it — including before purchasing any recommended gift.
• Product names, prices, availability, source links, and other specifics in AI Output may be inaccurate or outdated. Always verify before purchasing.
• We are not responsible for purchasing decisions you make based on AI Output, for outcomes that result from inaccurate AI Output, or for the actions or quality of any third-party retailer, merchant, or service provider mentioned in AI Output.

If AI Output ever appears harmful, deeply offensive, or seriously wrong, please report it to hello@supergifter.ai so we can investigate and improve the system.

8. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or third party’s rights;
• Harass, threaten, defame, abuse, or stalk any person;
• Gather information about another person for surveillance, doxing, harassment, blackmail, or non-consensual disclosure;
• Impersonate any person or misrepresent your affiliation with any person or entity;
• Submit false, misleading, or fraudulent information;
• Reverse engineer, decompile, or disassemble the Service or attempt to extract its underlying source code, system prompts, or training data, except to the extent applicable law expressly permits despite this prohibition;
• Use automated tools, scrapers, bots, or scripts to access the Service, except to the extent we explicitly authorize in writing;
• Bypass or circumvent rate limits, access controls, or other technical restrictions;
• Introduce malware, viruses, or harmful code, or attempt to gain unauthorized access to the Service or any related system;
• Resell, redistribute, or commercially exploit the Service or AI Output without our written permission;
• Use the Service in any way that could disable, overburden, or impair the Service or interfere with another user’s use of the Service;
• Use the Service to develop a competing product or to train another AI model.

We may investigate and take appropriate action against any suspected violation, including suspending or terminating accounts and reporting violations to law enforcement.

9. Our intellectual property

The Service — including the SuperGifter name, logo, software, design, system prompts, recommendation logic, written content, and overall look and feel — is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not grant you any rights in our trademarks, logos, or other branding.

All rights not expressly granted to you in these Terms are reserved by us.

10. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Warranties arising from course of dealing, course of performance, or trade usage;
• Warranties that the Service will be uninterrupted, secure, error-free, or free of viruses or harmful components;
• Warranties that AI Output will be accurate, reliable, complete, or suitable for any purpose;
• Warranties about any third-party products, retailers, or services mentioned in AI Output.

Some jurisdictions do not allow the exclusion of certain warranties. To that extent, the exclusions in this section may not apply to you, but we limit our warranties to the minimum permitted by applicable law.

11. Limitation of liability

To the fullest extent permitted by law, our total liability to you for any and all claims arising out of or relating to these Terms or the Service is limited to one hundred U.S. dollars ($100).

This cap applies regardless of the legal theory of the claim — whether contract, tort (including negligence), strict liability, statute, or any other basis — and regardless of whether we have been advised of the possibility of such damages.

To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including (without limitation) lost profits, lost data, lost goodwill, or business interruption, arising out of or relating to these Terms or the Service.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To that extent, the limitations in this section may not apply to you, but we limit our liability to the minimum permitted by applicable law.

You agree that the limitations in this section are an essential part of the bargain between us, that we would not provide the Service to you on these terms without them, and that they apply even if a limited remedy fails of its essential purpose.

12. Indemnification

You agree to indemnify, defend, and hold harmless SuperGifter and Charles Eugene Cook Jr. (and our affiliates, agents, contractors, and service providers) from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Service;
• Your Content, including any claim that Your Content infringes, misappropriates, or violates the rights of a third party;
• Information you share about recipients or other third parties, including claims by those recipients or third parties that you shared information about them without their consent, that you violated their privacy, or that you used the Service to harm them;
• Your violation of these Terms, including the Acceptable Use section;
• Your violation of any law or the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You will not settle any claim without our prior written consent.

13. Termination

Termination by you

You may stop using the Service and delete your account at any time by emailing hello@supergifter.ai.

Termination by us

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including:

• If we believe you have violated these Terms;
• If we believe your use of the Service creates risk or possible legal exposure for us or other users;
• If we discontinue the Service, in whole or in part;
• For any other reason in our sole discretion.

Effect of termination

Upon termination, your right to use the Service ends immediately. We may delete your account and Your Content. The following sections survive termination: 5 (license terms in effect at the time of termination), 9, 10, 11, 12, 14, 17, 18, and 19, along with any other provision that by its nature should survive.

14. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court.

Informal resolution first

Before filing any formal claim, you agree to first try to resolve the dispute informally by contacting us at hello@supergifter.ai. We agree to do the same. We’ll try to resolve the dispute through good-faith negotiation for at least 30 days before either side initiates arbitration.

Binding individual arbitration

If we can’t resolve a dispute informally, you and SuperGifter agree to resolve it through binding individual arbitration rather than in court, except as described below. This means:

• Arbitration is administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at www.adr.org.
• The arbitration takes place in California, or remotely if both parties agree.
• The arbitrator’s decision is final and binding, except for the limited right of appeal provided by the Federal Arbitration Act.
• Either party may bring a claim in small claims court instead, if the claim qualifies.
• Either party may seek injunctive or equitable relief in court for claims of intellectual property infringement.

Class action waiver

You and SuperGifter agree to bring claims only on an individual basis. Neither side may participate in a class action, class arbitration, collective action, or representative proceeding against the other.

If a court or arbitrator decides this class action waiver is unenforceable for a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in court, while the rest of these arbitration provisions remain in effect.

30-day right to opt out of arbitration

You can opt out of the arbitration agreement and class action waiver in this Section 14. To opt out, send an email to hello@supergifter.ai with the subject line “Arbitration Opt-Out” within 30 days of when you first agreed to these Terms. Your email must include your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration.

If you opt out, this Section 14 will not apply to you. All other parts of these Terms will continue to apply. Opting out of arbitration for one set of Terms does not opt you out of arbitration for any later updated Terms (which will have their own opt-out windows).

Federal Arbitration Act

This Section 14 is governed by the Federal Arbitration Act.

15. Changes to these Terms

We may update these Terms from time to time. When we make changes, we’ll update the “Effective” date at the top.

If the changes are material — for example, changing the arbitration clause, the liability cap, or fees — we’ll provide reasonable notice before the new Terms take effect, by posting a notice in the Service or by emailing the address associated with your account.

If you continue to use the Service after the new Terms take effect, you agree to the updated Terms. If you don’t agree, you can stop using the Service and delete your account.

16. Changes to the Service

We’re constantly improving the Service. We may add, remove, or change features at any time. We may suspend or discontinue the Service in whole or in part. We are not liable to you for any modification, suspension, or discontinuation of the Service.

17. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Subject to the arbitration provisions in Section 14, any dispute that proceeds in court must be brought exclusively in the state or federal courts located in California, and you and SuperGifter consent to the personal jurisdiction of those courts.

18. General provisions

Entire agreement

These Terms, together with our Privacy Policy, are the entire agreement between you and SuperGifter regarding the Service. They replace any prior agreements between us on the same subject.

Severability

If any provision of these Terms is found unenforceable, the rest of the Terms remain in full force and effect.

No waiver

Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, sale of assets, or other business transaction. Any attempted assignment in violation of this section is void.

Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or third-party service provider outages.

No agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and SuperGifter.

Notices to you

We may give notice to you by email at the address associated with your account, by posting in the Service, or by any other reasonable means. Notices are effective when sent.

Notices to us

You may send legal notices to us at hello@supergifter.ai or by mail at the address in Section 19.

Headings

The section headings in these Terms are for convenience only and do not affect interpretation.

Language

These Terms are written in English. Any translation is provided for convenience only. The English version controls.

19. Contact

If you have questions about these Terms, contact us at: