Fan Terms of Service

These Fan Terms of Service (these "Terms") govern your use of the LuxGift platform as a fan: the person who buys gifts and paid interactions for creators. These Terms are a legal agreement between you and LuxGift Corp. ("LuxGift," "we," "us," or "our"), a Delaware corporation. By creating an account or using the Service, you agree to these Terms.

These Terms incorporate our Privacy Policy, Plus Credits Terms, and Plus Membership Terms by reference. Where those documents address a specific subject (Credits, membership, or privacy), they govern on that subject. Capitalized terms have the meaning given where defined.

1. The Service

LuxGift is a platform where fans send physical gifts from a creator's public wishlist and, where available, request paid interactions with creators. A "gift" is a single physical product that a fan buys and has shipped to the creator. LuxGift sources products from a live third-party catalogue and arranges fulfillment through third-party suppliers; LuxGift does not manufacture or ship the products itself.

2. Eligibility and Accounts

You must be at least 18 years old to use the Service. You agree to provide accurate, current, and complete information, to keep it up to date, and to keep your account credentials secure. You are responsible for activity that occurs under your account.

You can sign up with an email and password or with a supported third-party sign-in (Google or Apple). Email verification may not be required to begin using the account; you are responsible for ensuring the email on your account is correct so you receive order and account notifications.

3. Sending a Gift

To send a gift, you select an available item from a creator's public wishlist and place an order. You may include an optional gift message and choose to send anonymously. When you place an order, we create a fixed record of it, including the delivery details used for shipping, the product, the amount charged, and the currency (orders are charged in the currency shown at checkout).

Certain conditions must be met for an order to proceed. For example, the item must be available and not already gifted, and the creator's profile and wishlist must be active and public. If a condition is not met, the order will not be created.

Anonymous gifts. If you choose to send anonymously, creator-facing views mask your identity; you will still see your own identity in your own views. Anonymity as between you and the creator does not affect our ability to associate the order with your account for our own operational, legal, and safety purposes.

4. Payment

Gifts and paid interactions are charged at the price shown at checkout, which includes the product or interaction price plus any applicable fees. Payments are processed by our payment processor, Stripe, using the payment methods made available (which may include card, Apple Pay, and Google Pay). We store payment references only; we do not receive or store your full card details.

By placing an order, you authorize us and Stripe to charge your selected payment method for the amount shown. If a payment fails, the order will not proceed. Prices and fees may change, and the price that applies to your order is the one displayed when you place it.

5. LuxGift Credits

You may purchase LuxGift Credits and apply them toward eligible purchases, including gifts and paid interactions. Credits are governed by the Plus Credits Terms, which describe how Credits are purchased, used, held, refunded, and cancelled. In summary: Credits have no cash value, cannot be transferred to other users or cashed out, and do not expire; unspent purchased Credits are refundable within the window stated in the Plus Credits Terms.

6. Paid Interactions

Where available, you may request a paid interaction with a creator, such as a reply, a fast-tracked reply, or a short multi-message exchange, using Credits or a supported payment method. When you request a paid interaction:

• the amount (or Credits) is placed on hold;
• it is released to the creator as each part of the interaction is delivered; and
• if the creator does not deliver within the applicable time, the held amount is returned to you: Credits return to your Credit balance, and other payments are handled as described at the time.

Paid interactions and private conversations are subject to our content and conduct rules in Section 11. Creators control their own availability and may accept, limit, or pause requests.

7. LuxGift Plus Membership

LuxGift Plus is an optional, automatically renewing paid membership with its own benefits. Membership is governed by the Plus Membership Terms, which describe pricing, automatic renewal, cancellation, and refunds. Plus membership is separate from Credits and from individual purchases.

8. Order Fulfillment and Delivery

After payment, we place your order with our fulfillment provider, which arranges shipping through the upstream supplier. Delivery and recipient details are shared with those providers as described in our Privacy Policy. Order status (such as shipped, with tracking where available) is updated as we receive it from the supplier, and may lag the supplier's actual status. Delivery timelines are estimates and are not guaranteed.

9. Cancellations and Refunds

Before payment. You may cancel an order while it is still awaiting payment.

After payment. Once an order is paid, you cannot cancel it yourself through the app, and it proceeds to fulfillment. Refunds are issued by us in defined situations, for example, if an item is out of stock at fulfillment, or if the supplier cancels or returns the order, and are processed back through Stripe. Where a gift paid with Credits is refunded, the Credits are returned to your Credit balance rather than to cash.

We do not offer a general, fan-initiated refund-on-request through the app after payment. If you have a problem with an order, contact us at support@luxgift.app.

Credit refunds are governed by the Plus Credits Terms; membership refunds by the Plus Membership Terms.

10. Taxes

Prices may not include all applicable taxes. You are responsible for any taxes legally chargeable to you in connection with your purchases, except those we are required to collect and remit.

11. Content and Conduct

You are responsible for content you provide, including gift messages and interaction and conversation messages. You agree not to use the Service to post, send, or transmit content that is unlawful, harassing, hateful, threatening, defamatory, obscene, sexually exploitative, infringing, deceptive, or otherwise objectionable, and not to use the Service for any unlawful purpose or to abuse, harass, or harm creators or other users.

We provide tools to report content and block other users. We may review reported content and take action, including warnings, content removal, suspension, or account termination, consistent with our policies. We may remove content or suspend accounts to protect users and comply with law.

12. Suspension and Termination

We may suspend or terminate your access to the Service if you breach these Terms, if we suspect fraud or abuse, or as needed to comply with law or protect users. You may stop using the Service and delete your account at any time. Termination does not entitle you to a refund except as provided in these Terms, the incorporated documents, or as required by law. Certain provisions survive termination, including those on payment obligations, disclaimers, limitation of liability, and dispute resolution.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted or error-free, that catalogue information (including price, availability, or product details drawn from third-party sources) is accurate or complete, or that any gift will be delivered within a particular timeframe. Products are supplied through third-party suppliers, and their quality, authenticity, and delivery are subject to those suppliers.

14. Limitation of Liability

To the maximum extent permitted by law, LuxGift will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the amount you paid to us for the transaction giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold LuxGift harmless from claims, damages, and costs (including reasonable legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of the rights of any third party.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you as required by law, including by updating the "Last Updated" date and, where appropriate, by email or in-app notice. Your continued use of the Service after an update takes effect indicates your acceptance, except where your consent is required.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware and the United States, without regard to conflict-of-law principles, except to the extent that mandatory consumer-protection laws of your place of residence apply.

18. Contact

For questions or help with an order, contact us at support@luxgift.app.