Application number 64/043,553 · Patent Pending · April 2026
Please read these terms carefully before using GIVAA.
These Terms contain a mandatory arbitration provision and class action waiver in Section 18. Please read Section 18 carefully as it affects your legal rights.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and GIVAA LLC ("GIVAA," "we," "our," or "us") governing your access to and use of the GIVAA mobile application and website (collectively, the "Platform"). By creating an account, accessing, or using the Platform, you confirm that you are at least 18 years of age, have read and understood these Terms, and agree to be bound by them.
If you do not agree to these Terms, do not create an account or use the Platform.
GIVAA is an event-contextual cash gifting platform. Depending on your location, device, account status, and the features currently made available to you, the Platform may enable you to:
Certain referenced capabilities—including group delivery-format voting, AI-assisted collage composition, Gift Card Rescue, GIVAA Nest, and instant payouts—may be experimental, limited, optional, or planned for future release. They are not part of the Platform unless and until GIVAA expressly makes them available to you. If offered, their availability, eligibility rules, pricing, and any additional terms will be presented before you use or authorize the applicable feature. GIVAA does not guarantee that an announced, tested, or referenced feature will be made generally available.
GIVAA is not a bank. Your GIVAA wallet balance is not a bank deposit and is not FDIC insured. GIVAA facilitates payment processing through licensed payment processors including Stripe, Inc.
To create and maintain a GIVAA account, you must:
Coverage of the United States and Canada does not mean that every feature or payment method is available in both countries. Availability may vary by jurisdiction, and certain current features—including particular phone, currency, bank-funding, or payout capabilities—may be limited to the United States, U.S. phone numbers, U.S. dollars, or eligible U.S. financial accounts. The Platform will identify supported options when you attempt to use them.
4.1 An account is required for core functionality such as sending gifts, maintaining a Wallet, adding eligible gifts to the Wallet, or requesting a cashout. Certain limited recipient-link experiences may be available without a full account. Features available without registration may be restricted, and GIVAA may require registration or verification before you receive, retain, transfer, or cash out funds.
4.2 Registration requires your name, a supported mobile phone number, a password or other supported authentication credential, and any verification requested by GIVAA. An email address is optional unless the Platform identifies it as required for a particular feature. You agree to provide accurate, current, and complete information and to keep it updated.
4.3 Your account is personal to you. You may not sell, transfer, share, or permit another person to use your account or credentials. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account, except to the extent applicable law provides otherwise.
4.4 You must promptly notify GIVAA at support@givaa.app if you suspect unauthorized access, loss of a device used to access GIVAA, or compromise of your credentials.
4.5 GIVAA may require you to reset credentials, reverify information, or temporarily restrict your account when we reasonably believe that your account is compromised, presents a risk to users or the Platform, or is being used in violation of these Terms.
GIVAA and its service providers may be required to collect and verify information about you before providing certain financial features, including cashout. Current bank-cashout onboarding is provided through Stripe Connect. Verification requirements are determined by applicable law, payment-partner requirements, transaction or account risk, and the products you request; they are not limited to fixed public dollar tiers.
When verification is required, you may be asked to provide information or documentation such as your legal name, date of birth, residential address, taxpayer or government identification number, government-issued identification, a photograph or identity check, and bank-account information. The specific information required will be presented in the Platform or by the applicable verification provider.
You authorize GIVAA and its service providers to use submitted information to verify your identity and eligibility, prevent fraud, comply with law, and provide the requested service. We may delay, limit, or decline sending, receiving, Wallet, or cashout functionality until verification is successfully completed. Providing false, incomplete, or unverifiable information may result in restrictions or account action.
GIVAA displays an itemized transaction total before you authorize a payment. For currently supported funding methods, the fee model is:
The intended recipient receives the stated face amount of the gift, subject to valid reversals, disputes, holds, or adjustments described in these Terms. Applicable fees are paid by the sender in addition to the gift amount and are shown before authorization.
Rates, processor pricing, taxes, and available funding methods may change prospectively. The transaction-specific amounts displayed at final checkout control for that transaction, including because of rounding, split funding, promotions, or processor requirements. If GIVAA offers Gift Card Rescue, GIVAA Nest, instant payout, or another optional feature, any feature-specific fee will be disclosed, together with any applicable additional terms, before you enroll, submit value, or authorize the transaction.
You agree not to use the Platform for:
Violation of these prohibitions may result in rejection or reversal of a transaction, restrictions on funds or Platform access, suspension or termination, and referral to payment partners or law enforcement where appropriate. Funds associated with suspected fraud, unlawful activity, disputes, or amounts owed to GIVAA may be held, returned, offset, or recovered as permitted by applicable law, payment-network rules, and these Terms. A restriction or investigation does not create an automatic right to forfeiture by GIVAA.
8.1 Availability. GIVAA may test, pilot, offer, modify, or discontinue optional features for particular users, accounts, devices, or jurisdictions. A reference in these Terms, marketing, a prototype, or the Platform does not guarantee current or future availability. Additional disclosures or terms presented when a feature is offered form part of these Terms for your use of that feature and will control if they conflict with this general description.
8.2 Gift Card Rescue. If and when offered, Gift Card Rescue may allow an eligible user to submit certain supported prepaid gift cards for verification and possible conversion to Wallet credit. Before submission, GIVAA will identify supported card types, eligibility requirements, fees, expected processing timing, reversibility rules, and any additional representations you must make regarding ownership, authorization, fraud, and prior use. GIVAA does not currently promise that any particular card network or card will be accepted or that conversion will occur within a specified time.
8.3 GIVAA Nest. If and when offered, GIVAA Nest may allow an eligible user to set aside or schedule funds for future gifts. Funding frequency, custody and availability of funds, cancellation or return mechanics, fees, and any limitations will be shown before enrollment or authorization. References to GIVAA Nest do not create a recurring-deposit instruction or authorize GIVAA to debit a payment method.
8.4 Creative and Group Features. Current group contributions may be assembled into a group album. If GIVAA later offers delivery-format voting or AI-assisted collage tools, their functionality and any choices available to contributors or organizers will be described in the Platform. AI-assisted output, if offered, may be incomplete or inaccurate and should be reviewed before delivery.
9.1 Adding Gifts to the Wallet. Opening or revealing a gift does not automatically initiate a bank payout. For an eligible card-, debit-, or Wallet-funded gift portion, the recipient must expressly choose to add the funds to the recipient's Wallet. An eligible bank-funded gift portion may instead be added automatically only after the recipient completes the gift reveal and the bank payment settles. Only funds shown as available—not pending, reserved, restricted, disputed, or otherwise subject to a hold—may be used or cashed out.
9.2 Bank Cashout. Cashout is a separate action initiated by the Wallet holder. To request a cashout, you must complete applicable Stripe Connect onboarding, satisfy identity-verification requirements, and provide an eligible bank account in a supported jurisdiction. The current minimum cashout is $1.00, as reflected in the Platform. Standard cashout is currently offered without a GIVAA cashout fee. The Platform may provide an estimated arrival time, currently generally 1–2 business days after successful initiation, but all timing is an estimate—not a guarantee—and may vary due to verification, weekends, holidays, processor operations, bank processing, technical issues, or risk review.
9.3 Payment Settlement and Scheduling. Payments funded through an external account may remain pending until the applicable payment rail settles. Pending funds may not be available for Wallet use or cashout. For a scheduled gift, GIVAA may authorize, collect, reserve, or release funds at different times depending on the selected funding method and scheduled delivery date. The Platform will present the applicable payment timing. If a cancellation option is shown and the gift remains eligible for cancellation, any authorization release or refund may take additional time to appear.
9.4 Holds and Adjustments. GIVAA may delay, hold, restrict, reverse, or adjust funds when reasonably necessary to address suspected fraud or unauthorized activity, incomplete verification, a failed or reversed payment, a chargeback or dispute, an amount owed to GIVAA, processor requirements, or applicable law. We may request additional information before releasing eligible funds.
9.5 Instant Payout. Instant payout is not guaranteed to be available. If and when GIVAA offers it to you, eligible destination accounts, timing, limits, and any fee will be displayed before you authorize the payout.
10.1 Gift Finality. Gifts are generally non-refundable after they have been delivered and claimed, accepted, or added to the recipient's Wallet, except where the Platform expressly provides otherwise or applicable law requires a refund. Do not send a gift until you have confirmed the recipient, amount, funding method, delivery timing, and transaction total.
10.2 Cancellations Before Delivery. The Platform may permit a sender to cancel an eligible scheduled gift before delivery or a group organizer to cancel an eligible, active group gift before final delivery. Cancellation availability is determined by the gift's status and the funding method and is shown in the Platform. When a cancellation is successfully completed, Wallet-funded amounts are generally returned to the applicable Wallet, while externally funded amounts are generally released or refunded through the original payment method. Banks and payment processors control when a release or refund appears.
10.3 Unauthorized Activity. If you believe a transaction resulted from unauthorized use of your account, notify GIVAA promptly at support@givaa.app and, in any event, within 60 days of the transaction date. This notice requirement does not limit any non-waivable rights available under applicable law.
10.4 Chargebacks and Recovery. If a sender disputes a transaction with a card issuer, bank, or payment provider, GIVAA may investigate, provide transaction records to the provider, restrict related funds, and recover an amount validly reversed or owed from an available Wallet balance, pending payout, transfer, or other amount payable to the affected user, to the extent permitted by law. You may not obtain duplicate recovery from GIVAA and a payment provider for the same transaction.
11.1 GIVAA Materials. The GIVAA name, logos, visual identity, app design, software, and GIVAA-provided text, graphics, and other materials are owned by GIVAA LLC or its licensors and are protected by intellectual-property laws. These Terms do not grant you any right to use GIVAA's trademarks or other proprietary materials except as necessary to use the Platform in accordance with these Terms.
11.2 Application number 64/043,553 · Patent Pending. On April 19, 2026, GIVAA filed a U.S. provisional patent application with the USPTO covering core gifting mechanisms including event-contextual QR delivery, group delivery-format voting, cross-timezone scheduled delivery, AI multi-contributor photo collage, and gift-card liquidation to a gifting wallet. A description of subject matter in a patent application does not represent that the corresponding feature is currently available; Sections 2 and 8 govern feature availability.
11.3 Your Content. As between you and GIVAA, you retain any ownership rights you have in photos, messages, names, captions, and other content you submit ("User Content"). You represent that you have the rights and permissions necessary to submit User Content and to permit GIVAA to process it as described in these Terms.
11.4 Service License. You grant GIVAA a non-exclusive, worldwide, royalty-free license, with the right to permit our service providers to process User Content on our behalf, to host, store, reproduce, format, adapt, transmit, display, and deliver User Content as reasonably necessary to operate, secure, support, and provide the Platform and carry out your instructions. This license covers all supported gift experiences, including messages, greeting cards, photo overlays, individual or group collages, group albums, delivery, sharing, storage, saved gifts, and replayable or shared memories.
11.5 Deletion of User Content. Account deletion removes your authored gift photos, messages, signatures, replies, and other personal content from GIVAA's active systems, including shared gift views. Direct private reply conversations involving your account are also removed. Other contributors' independently authored content, active recipients' shared group thank-you notes for surviving participants, and recipients' settled money are preserved. The service license in Section 11.4 ends for deleted content, except for processing necessary to complete deletion and any limited retention required by applicable law. Restricted backups and independent provider records follow the retention handling described in our Privacy Policy. Copies that other people saved outside the Platform are outside GIVAA's control.
You agree to indemnify, defend, and hold harmless GIVAA LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, violation of any third-party rights, or any content you submit to the Platform.
15.1 Suspension or Termination by GIVAA. GIVAA may suspend, restrict, or terminate your access when we reasonably determine that you violated these Terms, created legal, fraud, security, or payment risk, failed required verification, or when suspension or termination is required by a service provider or applicable law. Where appropriate and legally permitted, we may provide notice or an opportunity to address the issue.
15.2 Account Deletion by You. You may request deletion through Profile > Delete account without contacting support. We save the request while any available or held Wallet balance, reserved funds, dispute debt, pending gift or group-gift obligation, cashout, payment, refund, or payout is resolved. New gifting, receiving links and new group obligations are paused during this process. The app identifies the available action and provides a tracked help request for exceptional financial situations. Cash out eligible available funds and resolve the financial activity shown; deletion does not automatically initiate a payout or forfeit your balance. Cancelling an eligible scheduled gift requires separate confirmation, and completed gifts are not automatically reversed. You may cancel a pending deletion request before personal-data removal begins. Deletion continues automatically after financial activity is resolved, with progress and completion shown on the saved deletion-status page.
15.3 Effect of Deletion. GIVAA removes your sign-in identity, profile information, authored gift messages, photos, signatures, replies, and other personal content from active systems. Your identity in necessary shared transaction history becomes “Deleted account.” Deletion does not reverse completed gifts, remove other users' settled money, or delete other contributors' independently authored content. A minimal non-login account reference and limited restricted financial records may remain to preserve financial integrity, resolve outstanding obligations, and satisfy applicable legal recordkeeping requirements, as explained in our Privacy Policy.
15.4 Remaining Funds and Survival. If GIVAA restricts or terminates an account with an eligible balance, release or cashout remains subject to verification, holds, reversals, disputes, amounts owed, payment-partner requirements, and applicable law. GIVAA may provide instructions for recovering eligible funds; no fixed or automatic payout period is promised. Provisions that by their nature should survive termination—including ownership, retained-content licenses, payment obligations, dispute resolution, disclaimers, limitations of liability, and indemnification—will survive.
These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes not subject to arbitration under Section 18 shall be brought exclusively in the state or federal courts located in Monmouth County, New Jersey.
GIVAA may modify these Terms prospectively. When we do, we will update the "Last Updated" date above and provide any additional notice required by applicable law. For material changes, notice may be provided through reasonable means such as email, push notification, an in-app message or banner, or a notice on the Platform. Changes take effect on the stated effective date. If applicable law requires affirmative consent, we will request it. Otherwise, to the extent permitted by law, your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. Changes do not alter the itemized amount of a transaction you already authorized.
This section requires arbitration of disputes and waives your right to a jury trial and participation in a class action lawsuit.
18.1 Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Platform (excluding claims for emergency injunctive relief) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
18.2 Class Action Waiver. You agree to resolve disputes with GIVAA on an individual basis only. You waive the right to participate in a class action, class-wide arbitration, or representative action.
18.3 Opt-Out. You may opt out of this arbitration agreement by emailing support@givaa.app within 30 days of first creating your GIVAA account with subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.
For questions about these Terms:
| support@givaa.app | |
| Phone | (212) 809-1118 |
| GIVAA LLC, Attn: Legal, Freehold, NJ 07728 | |
| In-app | Profile > Legal & privacy |