Liability

1. Warranties and limitation of liability

KiftMe provides the service with due care, as a technical intermediary. The service is provided “as is”, according to available means.

• KiftMe does not guarantee the service provided by a business: the quality, conformity and performance of the service or product are the business’s responsibility. In self-service, the business is not a party and the experience is declared by the Kifter.
• Validation checks, both automated and human, are not infallible; KiftMe does not guarantee the detection of all fraud.
• KiftMe is liable for direct, proven damage resulting from a breach attributable to it; it is not liable for indirect damage (loss of opportunity, commercial harm, loss of data not attributable to KiftMe, etc.).
• Nothing in these Terms excludes or limits KiftMe’s liability where the law prohibits it, in particular in the event of gross negligence or wilful misconduct, or under mandatory legal warranties.

These Terms do not affect the rights you have under the law as a consumer.

2. Availability and third-party dependencies

• KiftMe endeavours to ensure the availability of the service, without guaranteeing uninterrupted or error-free operation.
• The service may be suspended for maintenance, updates, security or technical reasons.
• The service depends on third-party providers, in particular Stripe for payments, document-analysis providers and a host; a failure of these third parties may affect the service.

Interruptions or failures attributable to a third party or to your equipment engage KiftMe’s liability only within the limits provided by law.

3. Force majeure

KiftMe cannot be held liable for a breach resulting from a force majeure event within the meaning of the applicable law and case law - an external, unforeseeable and irresistible event - such as a disaster, a general network or power outage, a major failure of an essential provider, or a decision of an authority.

The affected obligations are suspended for the duration of the force majeure; if it continues, either party may terminate the relationship.

4. Intellectual property

• The KiftMe platform, its trademarks, logos, interfaces, texts and software are protected and remain the property of KiftMe or its licensors.
• No provision of these Terms grants you any right over these elements, other than the right to use the service in accordance with these Terms.
• You retain your rights over the content you publish (a Kift message, a business’s content) and grant KiftMe a licence to use it limited to the needs of the service.
• Any unauthorised reproduction, extraction or use of the platform is prohibited.

5. Moderation and content reporting

• You are responsible for the content you publish (a Kift message, a business’s content); it must not be unlawful, misleading, offensive or contrary to the rights of third parties.
• KiftMe may moderate, remove or restrict content contrary to these Terms or to the law, and suspend the account concerned.
• You can report unlawful content or behaviour through the means indicated in the app; KiftMe handles reports within a reasonable time.

The arrangements for processing your personal data are set out in the Privacy Policy.