# Terms and Conditions
## GiftMind – Birthday & Gift Ideas App
**Version**
---
### 1. Scope and Contracting Party
(1) These Terms and Conditions (“Terms”) apply to the use of the mobile application **GiftMind** (“App”) and all related services. The operator of the App and your contractual partner for the use of the App is:
(2) The App is distributed via the Apple App Store. Access to the App is subject to the Apple App Store Terms of Use. **Apple** is the contracting party for the purchase of paid content (in-app purchases, subscriptions); the contract of purchase is formed between you and Apple. These Terms govern the relationship between you and the operator of the App regarding use of the App and the features offered within it.
(3) Any conflicting or additional terms proposed by you shall not apply unless the operator has expressly agreed to them in writing.
---
### 2. Description of Services and Use
(1) GiftMind is an application for managing birthdays, contacts, and notes, and for viewing and saving gift ideas. The specific features (e.g. number of contacts, notes, reminders, AI gift ideas) may differ between a free version and a paid Pro version.
(2) Use of the App requires a compatible Apple device, an internet connection (for certain features), and acceptance of these Terms. You must use the App only in compliance with applicable laws and these Terms.
(3) There is no guarantee of uninterrupted availability or of any particular set of features. The operator may develop, restrict, or discontinue the App and its features, provided that legitimate interests are respected and users with active subscriptions are fairly considered.
---
### 3. Registration, Guest Use and Account
(1) The App may be used after signing in with **Sign in with Apple** or as a **Guest**. In guest mode, data is stored only locally on the device; it cannot be accessed from other devices or after reinstalling the App.
(2) You must provide accurate information and keep your contact details up to date. You are responsible for keeping your login details confidential.
(3) The operator may suspend or delete accounts in the event of breach of these Terms or misuse.
---
### 4. Paid Pro Version (Subscription)
(1) The Pro version is offered as a monthly or annual subscription. **Apple (App Store) is solely the contracting party for payment and billing.** You enter into the subscription contract with Apple; payment is made via the payment method linked to your Apple account.
(2) The subscription renews automatically for the chosen period (month or year) unless it is cancelled at least 24 hours before the end of the current billing period. Cancellation is done in your **Apple device Settings** under “Apple ID” → “Subscriptions” for the relevant subscription. Cancelling with the App operator is not sufficient.
(3) Amounts already paid are not refunded on a pro-rata basis on cancellation; Pro features remain available until the end of the period already paid for.
(4) **Right to cancel (consumers):** If you are a consumer, you may have statutory rights to cancel. For digital content, if you have expressly agreed that performance may begin before the end of the cancellation period, your right to cancel may be lost once performance has started. Because Pro features can be used immediately after purchase, the operator informs you that performance begins when you confirm the purchase in the App Store and that you may be deemed to have agreed to waive your right to cancel in that respect. For refunds and dispute resolution, **Apple Media Services Terms** and **App Store** policies also apply.
(5) Prices and currency are shown in the App Store and may vary by region. The details shown during the purchase process with Apple are binding.
---
### 5. Licence and Intellectual Property
(1) The operator grants you a non-exclusive, non-transferable, revocable licence to use the App for its intended purpose for the duration of your use.
(2) All rights in the App, its content, and the GiftMind brand remain with the operator or the relevant rights holders. Copying, sharing, or commercial use outside the App is not permitted without consent.
---
### 6. Limitation of Liability
(1) Nothing in these Terms excludes or limits the operator’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
(2) Subject to clause 6(1), the operator shall not be liable for: (a) loss of profits, revenue, or data; (b) indirect or consequential loss; or (c) any loss beyond the amount paid by you for the relevant subscription in the 12 months before the claim.
(3) These limitations apply in favour of the operator’s employees, agents, and subcontractors.
---
### 7. Data Protection
Personal data is processed in accordance with the operator’s **Privacy Policy**, which is available in the App or on the operator’s website. When using Sign in with Apple and when purchasing subscriptions via the App Store, Apple’s privacy policies also apply.
---
### 8. Changes to the Terms
(1) The operator may change these Terms where the change is reasonable (e.g. to reflect changes in the law or to add new features).
(2) Changes will be notified to you in the App or by email. If you are a consumer, you will be given reasonable notice. If you continue to use the App after the change takes effect, you are deemed to have accepted the new Terms. For subscriptions, changes may take effect at the end of the current billing period with at least four weeks’ notice.
---
### 9. General
(1) These Terms are governed by the laws of **England and Wales** (or, if you are resident in Scotland or Northern Ireland, the laws of Scotland or Northern Ireland respectively).
(2) If you are a business user, the courts of England and Wales (or Scotland or Northern Ireland, as applicable) have exclusive jurisdiction over any dispute arising from or relating to these Terms. If you are a consumer, you may also bring proceedings in the courts of your country of residence.
(3) If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
(4) The contract language is English.
---
**Note:** This document is a draft. For legal effectiveness and completeness it should be reviewed by a solicitor qualified in the relevant jurisdiction. Please replace the placeholders (company name, address, email, company number, VAT number, date) with your details and adapt the text to your specific situation if needed.