Effective Date: July 23, 2025
Last Updated: July 23, 2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and VIRALITYBOMB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ("Company," "we," "us," or "our") regarding your use of the Giftable service available at giftable.love (the "Service").
By accessing, browsing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our Service.
These Terms apply to all users of the Service, including without limitation users who are browsers, customers, merchants, contributors of content, information, and other materials or services on the Service.
Legal Entity: VIRALITYBOMB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Registration: Registered in Poland under KRS number 0001181815
Tax ID (NIP): 8971956455
Address: ul. Marsz. Józefa Piłsudskiego 74, lok. 320, 50-020 Wrocław, Poland
Contact Email: ilya@viralitybomb.com
Giftable is a digital platform that enables users to create, customize, and send interactive digital postcards. Our Service includes the following key features:
Digital Postcard Creation: Users can create personalized digital postcards using our templates, tools, and customization options. The Service allows for the inclusion of text, images, and other multimedia content.
Recording Functionality: Our Service provides users with the ability to record their screen activity and facial reactions while viewing or interacting with digital postcards. These recordings become part of the interactive postcard experience.
Delivery and Sharing: Users can send their created digital postcards to recipients via email or shareable links. Recipients can view the postcards and, if enabled, record their own reactions.
Free and Premium Features: We offer both free and premium features. Free users can create digital postcards with up to three images. Premium features include additional customization options, enhanced recording capabilities, and expanded storage.
To access certain features of our Service, you must create an account by providing accurate, current, and complete information as prompted by our registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities that we determine, in our sole discretion, to be harmful to our Service or other users.
You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for your conduct while using the Service and for any content you create, upload, or share.
You agree not to create, upload, share, or distribute content that:
Violates Laws: Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Infringes Rights: Violates any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or contains any material that you do not have the right to use.
Contains Harmful Content: Includes nudity, sexual content, violence, or other content that may be inappropriate for general audiences, particularly considering that our Service may be used by individuals of various ages.
Promotes Illegal Activities: Encourages or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty.
Contains Malicious Code: Contains viruses, worms, malware, or other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
You agree not to:
Interfere with Service: Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
Commercial Misuse: Use the Service for any commercial purpose without our express written consent, including but not limited to advertising, marketing, or promoting products or services.
Automated Use: Use any automated system, including robots, spiders, or offline readers, to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You retain ownership of any intellectual property rights that you hold in content that you create using our Service ("User Content"). However, by using our Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and promoting our Service.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as described in these Terms. You are solely responsible for your User Content and the consequences of posting or publishing it.
We reserve the right, but have no obligation, to monitor, edit, or remove User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. We may also remove User Content if we receive a valid complaint or legal notice regarding such content.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.
Recording Consent: By using our recording features, you explicitly consent to the recording of your screen activity and facial reactions. You understand that these recordings will be stored as part of your digital postcards and may be shared with recipients of your postcards.
Data Retention: We will retain your personal information and User Content in accordance with our Privacy Policy and applicable data protection laws. You have the right to request deletion of your data subject to certain exceptions as outlined in our Privacy Policy.
Our Service operates on a freemium model with the following pricing structure:
Free Tier: Users can create digital postcards with up to three images at no cost.
Premium Packages:
Recording Packages:
All payments are processed through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy. We do not store your complete payment card information on our servers.
All fees are charged in Euros (EUR) and are inclusive of applicable taxes unless otherwise stated. You authorize us to charge your chosen payment method for all fees incurred in connection with your use of our premium features.
We reserve the right to modify our pricing at any time. Price changes will not affect purchases already completed but will apply to future purchases. We will provide reasonable notice of any price changes through our Service or via email.
In accordance with European Union consumer protection laws, you have the right to withdraw from your purchase within 14 days of the transaction date without providing any reason (the "cooling-off period").
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by sending a clear statement to our contact email address. You may use the withdrawal form template provided below, but it is not obligatory.
If you withdraw from a contract within the cooling-off period, we will reimburse all payments received from you, including delivery costs, without undue delay and in any event not later than 14 days from the day we receive your withdrawal notice. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
The right of withdrawal does not apply to digital content that you have started downloading or streaming after you have given your express consent to begin performance and acknowledged that you thereby lose your right of withdrawal.
Refunds will be processed within 14 days of receiving a valid refund request. The refund will be credited to the original payment method used for the purchase.
If you experience technical issues that prevent you from using our Service as intended, please contact our customer support team. We will work to resolve technical issues promptly and may provide refunds or service credits at our discretion.
We strive to maintain high availability of our Service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.
We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.
We continuously work to improve our Service and may release updates, new features, or modifications. Your continued use of the Service after any such changes constitutes your acceptance of the new features or modifications.
The Service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Our total liability to you for all claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount you have paid us in the twelve months preceding the claim.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited or excluded under applicable law. If you are a consumer, you may have additional rights under applicable consumer protection laws that cannot be waived or limited by these Terms.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
Your Use of Service: Your use of and access to the Service, including any data or content transmitted or received by you.
Violation of Terms: Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties set forth in these Terms.
Violation of Rights: Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
Violation of Law: Your violation of any applicable law, rule, or regulation.
User Content: Any claim or damages that arise from or are related to your User Content or any content that is submitted via your account.
This indemnification obligation will survive the termination of your account and these Terms.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Wrocław, Poland, and you hereby consent to personal jurisdiction and venue therein.
Before initiating any formal legal proceedings, we encourage you to contact us directly to seek a resolution. We are committed to working with our users to resolve disputes in a fair and efficient manner.
If you are a consumer residing in the European Union, you may have the right to bring proceedings in the courts of your country of residence. Nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.
The European Commission provides an online dispute resolution platform for consumers, which can be accessed at https://ec.europa.eu/consumers/odr/. While we are not obligated to participate in alternative dispute resolution procedures, we may choose to do so on a case-by-case basis.
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed modified to the minimum extent necessary to make such provision valid, legal, and enforceable.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us relating to the Service.
We reserve the right to update or modify these Terms at any time without prior notice. When we make changes to these Terms, we will post the updated Terms on our Service and update the "Last Updated" date at the top of these Terms.
For material changes to these Terms, we will provide notice through our Service or by sending an email to the address associated with your account. We may also provide notice through other reasonable means.
Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.
Previous versions of these Terms are archived and available upon request. If you have questions about changes to these Terms, please contact us using the information provided below.
You may terminate your account and stop using our Service at any time by contacting us or using the account deletion feature in your account settings. Upon termination, your right to use the Service will cease immediately.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination of your account:
After termination, we may retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy.
We are committed to making our Service accessible to users with disabilities. We strive to comply with applicable accessibility standards and continuously work to improve the accessibility of our Service. If you encounter accessibility barriers while using our Service, please contact us so we can work to address them.
Our Service is intended for users who are at least 13 years old. Users under the age of 16 must have parental consent to use our Service, in accordance with GDPR requirements.
If you are under 16 years old, you must have your parent or guardian read these Terms and our Privacy Policy and consent to your use of the Service. We may require verification of parental consent before allowing access to certain features.
Parents and guardians are responsible for monitoring their children's use of our Service and ensuring compliance with these Terms.
Our Service is operated from Poland and intended for users in the European Union. If you access our Service from outside the EU, you do so at your own risk and are responsible for compliance with local laws.
If you have any questions about these Terms, please contact us:
Email: ilya@viralitybomb.com
Address: VIRALITYBOMB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Marsz. Józefa Piłsudskiego 74, lok. 320
50-020 Wrocław, Poland
Customer Support: Available through our website contact form or email
Response Time: We aim to respond to all inquiries within 48 hours during business days
To: VIRALITYBOMB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Email: ilya@viralitybomb.com
I hereby give notice that I withdraw from my contract for the purchase of the following service:
Signature of consumer (only if this form is notified on paper): **___**
These Terms and Conditions were last updated on July 23, 2025. By using our Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.