Terms of Service

Welcome to GiftoSwap. These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and GiftoSwap, LLC, a Texas limited-liability company with its principal office at 525 South Griffin St, Room 905, Dallas, TX 75202 ("GiftoSwap," "Company," "we," "us," or "our"). By accessing our website, creating an account, or using any of our gift card exchange services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the service immediately.

1. Eligibility Requirements

To use GiftoSwap, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction);
• Be a legal resident of the United States;
• Have the legal authority to enter into a binding agreement;
• Provide truthful, accurate, and complete information during registration;
• Not have been previously banned or removed from the platform.

By creating an account, you represent and warrant that you meet all eligibility requirements listed above. We reserve the right to verify your identity at any time and to refuse service if eligibility cannot be confirmed.

2. Account Registration & Security

You must register for an account to use our exchange services. During registration, you will provide your full legal name, a valid email address, a phone number, and a secure password. You agree to:

• Maintain the security of your login credentials and not share them with any third party;
• Notify us immediately at support@giftoswap.com if you suspect unauthorized access to your account;
• Accept responsibility for all activities and transactions that occur under your account;
• Keep your account information current and accurate at all times.

We reserve the right to suspend or permanently close any account that shows signs of unauthorized use, identity misrepresentation, or policy violations.

3. Description of Services

GiftoSwap provides an online platform that allows users to exchange unused, partially used, or unwanted retail gift cards for cash payment. Our services include:

• Instant Quotes: Users select a card brand, card format (physical or e-gift), card condition, and enter the remaining balance to receive a real-time exchange quote.
• Card Submission: After accepting a quote, users securely submit card details (card number, PIN/access code, and front/back photos) through our encrypted platform.
• Verification: Our team reviews and verifies the submitted card balance. This process typically occurs within hours of submission.
• Payout: Once a card is verified, payment is sent to the user via their chosen payment method (see Section 6).

We do not guarantee that a specific card brand will always be available for exchange. Availability is subject to market conditions and our discretion.

4. Gift Card Exchange Process & Rates

The exchange process operates as follows:

1. Quote: You select your card brand and enter the current balance. Our system generates an exchange rate quote based on the brand, card format, card condition, and current market demand.
2. Acceptance: Quotes are valid for the duration of your session. Exchange rates are subject to change without prior notice. By clicking "Accept" (or the equivalent action), you agree to the quoted payout amount.
3. Submission: You provide the card number, PIN/security code, and upload clear photographs of the front and back of the card (if physical). For e-gift cards, you provide the relevant digital credentials.
4. Verification & Payout: We verify the card balance. If the verified balance matches your stated amount, payment is processed at the quoted rate. If the balance differs, the payout is adjusted proportionally (see Section 8).

Rate Disclaimer: Exchange rates vary by brand, market demand, card type, and card condition. Rates displayed on our website are indicative and may change at any time. The rate locked into your accepted quote is the rate applied to your transaction.

5. Card Ownership & Legitimacy

By submitting a gift card for exchange, you represent and warrant that:

• You are the rightful, legal owner of the gift card or are fully authorized to sell it;
• The card was obtained through lawful means (purchased, received as a gift, earned through a rewards program, etc.);
• The card is not stolen, counterfeit, cloned, or obtained through fraud, theft, or deception;
• The card has not been reported as lost or stolen to the issuing retailer;
• The card balance is accurate to the best of your knowledge.

We reserve the right to reject any submission, withhold payment, freeze accounts, and report suspected fraud to applicable law enforcement agencies. Submitting stolen or fraudulent cards is a criminal offense.

6. Payment Terms & Methods

Upon successful card verification, payment is processed via the method you select during the exchange process. Available payment methods include:

• PayPal
• Cash App
• Zelle
• Google Pay
• Apple Pay
• Chime
• GreenDot
• Direct bank transfer (ACH)

Payout Timeline: Payments are typically processed the same business day after card verification is complete. In some cases, processing may take up to 24 hours due to payment processor delays, high volume, or the need for additional verification.

Minimum & Maximum Limits: The minimum card balance for exchange is $25. The maximum card balance per transaction is $5,000. We may impose daily or weekly limits at our discretion.

Payment Accuracy: You are responsible for providing correct payment details (e.g., PayPal email, Cash App tag). We are not liable for payments sent to incorrect accounts due to user error.

Third-Party Processors: We are not responsible for delays, fees, or processing issues caused by third-party payment platforms. Each platform's own terms of service and fee structures apply.

7. Fees & Pricing Transparency

Our exchange rates reflect our complete service fee. There are no hidden charges, sign-up fees, account maintenance fees, or additional deductions. The payout amount displayed in your quote is the exact amount you will receive upon successful card verification. If a card balance is adjusted during verification, the payout will be recalculated at the same exchange rate percentage.

8. Refunds, Cancellations & Disputes

Before Submission: You may cancel at any time before submitting card details. No data is stored and no transaction is created until you explicitly submit.

After Submission: Once card details are submitted, cancellation may not be possible if verification has begun. Contact support@giftoswap.com immediately with your Transaction ID to request cancellation.

Refund Eligibility: Refunds may be issued for:

• Technical or system errors that caused an incorrect payout;
• Duplicate submissions processed in error;
• Payments sent to an incorrect method due to our error.

Refunds are NOT available for:

• Cards with a verified balance lower than stated — payout is adjusted accordingly;
• Cards found to be invalid, empty, expired, or previously redeemed;
• Dissatisfaction with the exchange rate after accepting and submitting;
• Cards submitted with incorrect or incomplete information;
• Transactions flagged and rejected for fraud.

Balance Adjustments: If the verified balance is different from the stated value, the payout will be adjusted to reflect the actual balance at the originally quoted exchange rate. You will be notified of adjustments. If the balance is zero or the card is invalid, the submission is rejected with no payment.

Dispute Process: To dispute a transaction, email support@giftoswap.com within 30 days of the transaction date with your Transaction ID and a detailed description of the issue. We will investigate and respond within 5 business days. If a resolution cannot be reached, you may pursue the matter through the dispute resolution mechanisms described in Section 14.

Refund Processing: Approved refunds are processed within 5–10 business days via the original payment method.

9. Prohibited Cards & Activities

The following cards are not accepted and will be rejected:

• Stolen, counterfeit, cloned, or fraudulently obtained gift cards;
• Visa, Mastercard, American Express, or Discover prepaid debit cards (open-loop cards);
• Cards purchased with stolen credit cards or through other fraudulent means;
• Cards with zero balance or that have been fully redeemed;
• Cards that have been reported as lost or stolen to the issuer;
• International gift cards (non-US issued cards);
• Promotional or reward cards that explicitly prohibit resale;
• Cards with tampered, removed, or obscured PINs or security codes.

Prohibited Activities: You agree not to:

• Submit stolen, counterfeit, or fraudulently obtained gift cards;
• Provide false, misleading, or inaccurate information;
• Attempt to manipulate exchange rates, exploit system vulnerabilities, or reverse-engineer the platform;
• Use our services for money laundering, terrorist financing, or other illegal purposes;
• Create multiple accounts to circumvent restrictions, limits, or bans;
• Use automated systems, bots, or scripts to interact with our platform;
• Resell, sublicense, or commercially exploit our services without authorization;
• Harass, threaten, or abuse our staff or other users.

Violation of any prohibited activity may result in immediate account termination, forfeiture of pending payments, and referral to law enforcement.

10. Intellectual Property

All content on GiftoSwap, including but not limited to text, graphics, logos, icons, software, and design elements, is the property of GiftoSwap, LLC and is protected by United States copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

11. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not guarantee uninterrupted, error-free, or secure operation of our platform.

12. Limitation of Liability

To the fullest extent permitted by applicable law, GiftoSwap, LLC and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to:

• Your use of or inability to use our services;
• Any unauthorized access to or alteration of your data;
• Errors, inaccuracies, or omissions in content or exchange rates;
• Third-party payment processor delays or failures;
• Any other matter relating to our services.

Our total aggregate liability for any claim arising out of or relating to these Terms shall not exceed the amount you were paid (or were owed) in the transaction giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless GiftoSwap, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your submission of fraudulent, stolen, or unauthorized gift cards.

14. Governing Law & Dispute Resolution

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Informal Resolution: Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at support@giftoswap.com. We will work in good faith to resolve the matter within 30 days.

Jurisdiction: If informal resolution fails, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts.

Class Action Waiver: To the extent permitted by law, you agree that any claims will be brought in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.

15. Account Suspension & Termination

We may suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms or any applicable law;
• Suspected fraudulent activity or identity misrepresentation;
• Submission of prohibited cards;
• Abuse of our platform, staff, or other users;
• Any other reason at our sole discretion.

You may close your account at any time by contacting us at support@giftoswap.com. Outstanding verified transactions will be processed before account closure. Pending unverified transactions may be forfeited upon termination for cause.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date at the top of this page and, where appropriate, by email notification. Your continued use of the services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and GiftoSwap, LLC regarding your use of our services and supersede all prior or contemporaneous agreements, understandings, and representations.

19. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

GiftoSwap, LLC
525 South Griffin St, Room 905, Dallas, TX 75202
Phone: 469-851-8300
Email: support@giftoswap.com