Terms of Service

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Foighne Ventures, doing business as Gyvyn (“Gyvyn”, “we”, “us”, or “our”), concerning your access to and use of the Gyvyn platform and website (https://gyvyn.com).

By using Gyvyn, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, you are prohibited from using Gyvyn and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the platform from time to time are hereby expressly incorporated herein by reference.

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password and for all activities that occur under your account. You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.1 General Usage Rules

• You may not create wishlists for cash gifts or illegal items.
• All gifts must be purchasable products or services.
• You may not use the platform for fraudulent purposes or to deceive others.
• Maximum of 20 gifts per wishlist or an overall value of up to 100,000 units of your currency, whichever is met first.
• We do not accept non-commercial items (e.g. exclusive jewellery, art and similar items) as gifts.
• Each gift must include at least one but no more than three images.

3.2 Contributions and Payments

• Minimum contribution amount is $5 or equivalent in other currencies.
• Maximum contribution amount is the remaining amount needed for the gift.
• A 10% platform fee is added to all contributions.
• Optional Price Protection costs 5% of the gift's total price.

4.1 Platform Fees

Gyvyn charges a standard 10% platform fee on all contributions. This fee is added to the contribution amount and does not affect the amount received by the gift recipient. For example, a $100 gift would require $110 in total donations. Donors see and pay the actual amount they want to give, and the gift recipient sees the actual donation amounts.

4.2 Price Protection

Users may purchase Price Protection for 5% of the gift's total price. This ensures delivery of the gift regardless of price fluctuations. Without Price Protection, users must cover any price increases before gift delivery. If the price changes once a gift has been added, the user will be prompted to make additional payments to release the gift.

4.3 Refunds

If a gift does not reach its target amount within 30 days, all contributions will be automatically refunded to the contributors, unless the wishlist owner chooses to top up the remaining amount or request contributors to redirect their contributions to other gifts on the wishlist.

Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and when necessary, disclose your personal information. By using Gyvyn, you agree to the collection and use of information in accordance with our Privacy Policy.

We process personal data in compliance with the General Data Protection Regulation (GDPR) and applicable Irish data protection laws.

The Gyvyn platform and its original content, features, and functionality are owned by Foighne Ventures and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

To the maximum extent permitted by law, Foighne Ventures shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the platform.
• Any conduct or content of any third party on the platform.
• Any content obtained from the platform.
• Unauthorized access, use, or alteration of your transmissions or content.

8.1 Content License Grant

By uploading content to Gyvyn (including but not limited to images, descriptions, and comments), you grant Gyvyn a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the platform and Gyvyn's business operations.

8.2 Content Representations

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize Gyvyn to use all intellectual property rights in your content.
• Your content does not violate any third-party rights, including intellectual property rights and privacy rights.
• Your content complies with these Terms and applicable law.

8.3 Content Removal

Gyvyn reserves the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion. We will notify you of any content removal within 24 hours. You may appeal content removal decisions by contacting our support team within 7 days of removal.

9.1 Mandatory Arbitration

Any dispute arising out of or relating to these Terms or the platform shall be resolved by binding arbitration in accordance with the Irish Arbitration Act 2010. The arbitration shall be conducted in Dublin, Ireland, unless otherwise agreed by the parties.

9.2 Class Action Waiver

YOU AND GYVYN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9.3 Time Limitation

You agree that any claim arising out of or related to these Terms or the platform must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

9.4 Mediation

Before initiating arbitration, parties agree to engage in good faith mediation in Dublin, Ireland. The costs of mediation shall be shared equally by the parties.

10.1 Service Changes

Gyvyn reserves the right to modify, suspend, or discontinue the platform or any service therein, temporarily or permanently, at any time, with or without notice. You agree that Gyvyn shall not be liable for any modification, suspension, or discontinuance of the platform or any part thereof.

10.2 Notice of Changes

We will provide notice of material changes to the platform or these Terms by:

• Posting a notice on our website at least 30 days before the change takes effect.
• Sending an email to the address associated with your account.
• Displaying a prominent notice within the platform.

10.3 Data Preservation

In the event of service discontinuation, Gyvyn will:

• Provide 90 days' notice before permanent data deletion.
• Allow you to export your data during this period.
• Securely delete all personal data after the notice period.

11.1 Age Requirements

You must be at least 18 years old to create an account and use Gyvyn. Users between 13 and 18 years old may only use the platform with parental or legal guardian consent and supervision.

11.2 Parental Consent

If you are between 13 and 18 years old, your parent or legal guardian must:

• Review and accept these Terms on your behalf.
• Take responsibility for your use of the platform.
• Monitor and guide your activities on the platform.

11.3 Geographical Restrictions

Gyvyn is primarily intended for users in the European Union and United Kingdom. Users from other regions may access the platform, but must comply with their local laws and regulations. Some features may be restricted based on your location.

11.4 Capacity to Contract

You represent and warrant that you have the legal capacity to enter into binding contracts under the laws of your jurisdiction.

12.1 Sanctioned Countries and Regions

Gyvyn does not operate in, and may not be used by residents of, the following countries or regions subject to international sanctions or trade restrictions imposed by OFAC, the European Union, the United Kingdom, or the United Nations:

• North Korea (DPRK).
• Iran.
• Syria.
• Cuba.
• Crimea, Donetsk, and Luhansk regions of Ukraine.
• Russia.
• Belarus.
• Myanmar (Burma).
• Afghanistan.
• Venezuela.
• Any other country or region subject to comprehensive sanctions by OFAC, the European Union, United Kingdom, or United Nations.

12.2 Payment Processor Restrictions

Gyvyn uses Stripe and Payfast as payment processors. Due to their operational limitations, merchant accounts and payment processing are only available in countries supported by these providers. Stripe currently supports approximately 46 countries, primarily in:

• Europe: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
• North America: United States, Canada, and Mexico.
• Asia-Pacific: Australia, Hong Kong, Japan, New Zealand, Singapore, and Thailand.
• South America: Brazil.
• Middle East: United Arab Emirates.
• Africa (via Paystack): Ghana, Kenya, Nigeria, South Africa, and Côte d'Ivoire.

Payfast is available exclusively for South African-based merchants and processes transactions in South African Rand (ZAR). International buyers may pay through Payfast using Visa or Mastercard, subject to sanctions compliance.

Users in countries not supported by either payment processor may be unable to create accounts, make contributions, or receive gifts. Payment processing availability is subject to change as our providers update their supported regions.

12.3 Prohibited Items

The following items may not be added to wishlists or facilitated through Gyvyn:

• Cash, gift cards, cryptocurrency, or other monetary equivalents.
• Non-commercial items such as exclusive jewellery, fine art, antiques, and collectibles.
• Weapons, firearms, ammunition, or explosives.
• Illegal drugs, controlled substances, or drug paraphernalia.
• Tobacco products, e-cigarettes, and vaping devices.
• Alcohol (where prohibited by delivery destination laws).
• Counterfeit, stolen, or illegally obtained goods.
• Items that infringe on intellectual property rights (knockoffs, pirated media, etc.).
• Hazardous materials or dangerous goods.
• Live animals or protected wildlife products.
• Adult or sexually explicit content and materials.
• Items subject to export controls or trade restrictions.
• Any item that is illegal to purchase, sell, or possess in the sender's or recipient's jurisdiction.

12.4 Items with Highly Variable Prices

Due to frequent and unpredictable price fluctuations, the following items are not permitted on Gyvyn wishlists, even with Price Protection:

• Flight tickets and airline bookings (domestic or international).
• Hotel stays and accommodation bookings, unless part of a fixed-price travel package from a reputable, licensed travel agency.
• Event tickets (concerts, sports, theatre) sold on secondary or resale markets where prices fluctuate based on demand.
• Cryptocurrency, stocks, bonds, or other financial instruments.
• Auction items or items sold via bidding platforms.
• Limited-edition or “drop” items whose prices are subject to resale market volatility (e.g. limited sneaker releases, trading cards).
• Ride-hailing credits, fuel vouchers, or other services with surge/dynamic pricing.
• Foreign currency exchange services or prepaid travel money cards.

Fixed-price travel packages from reputable, licensed travel agencies are permitted provided the package includes a confirmed, non-variable price at the time of listing. Proof of the fixed price may be requested.

12.5 Enforcement

Gyvyn reserves the right to remove any prohibited items from wishlists without notice. Repeated violations may result in account suspension or termination. If you are unsure whether an item is permitted, please contact us at [email protected] before adding it to your wishlist.

We reserve the right to update the lists of prohibited countries and items at any time in accordance with applicable sanctions laws and payment processor requirements. Users accessing the platform from prohibited countries will have their accounts suspended and any pending contributions refunded.

13.1 Third-Party Services

The platform may contain links to third-party websites or services not owned or controlled by Gyvyn. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services.

13.2 Payment Processing

Payment processing services are provided by third-party payment processors. By using these services, you agree to be bound by the processor's terms of service and privacy policy. Gyvyn is not responsible for any payment processing errors or fees.

13.3 Product Liability

Gyvyn acts solely as a platform facilitating gift contributions. We are not responsible for:

• The quality, safety, or legality of products.
• The accuracy of product descriptions.
• The ability of merchants to fulfill orders.
• Any damages or losses arising from product use.

Gyvyn shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond our reasonable control, including:

• Natural disasters or acts of God.
• War, terrorism, or civil unrest.
• Government actions or legal restrictions.
• System, network, or telecommunications failures.
• Cyberattacks or security breaches.
• Pandemics or public health emergencies.

14.1 Extended Unavailability

In the event of extended service unavailability (more than 72 hours):

• We will provide regular status updates.
• Implement necessary contingency measures.
• Process refunds for affected transactions if required.

You agree to defend, indemnify, and hold harmless Gyvyn and its licensees and licensors, and their employees, contractors, agents, officers, and directors, 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 and access to the platform.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Your user content.

15.1 Defense Obligations

In the event of a claim, you agree to:

• Promptly notify us of any claim.
• Provide reasonable cooperation in the defense.
• Allow us to control the defense and settlement.

16.1 Service Disclaimer

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. GYVYN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16.2 Service Reliability

Gyvyn does not warrant that:

• The platform will function uninterrupted, secure, or available at any time.
• Errors will be corrected.
• The platform is free of viruses or harmful components.
• Results from platform use will meet your requirements.

17.1 Delivery Issues

In the event of gift delivery failures:

• We will attempt to secure an alternative product of equal value.
• If unavailable, contributors will receive a full refund within 10 business days.
• Shipping delays beyond our control are not grounds for refunds.

17.2 Product Unavailability

If a gift becomes unavailable after contributions are collected:

• The wishlist owner will be notified and given 48 hours to select an alternative.
• If no alternative is selected, contributions will be refunded.
• Price Protection fees are non-refundable in this case.

17.3 International Shipping

For international deliveries:

• Recipients are responsible for customs duties and taxes.
• Delivery times may vary by location.
• Some products may be restricted in certain countries.

17.4 Contribution Disputes

For contribution disputes:

• Claims must be filed within 30 days of the contribution.
• Provide all relevant transaction details.
• Resolution will be provided within 15 business days.
• Refunds will be processed within 5–10 business days after approval.

18.1 Suspension Procedures

Accounts may be suspended for:

• Violation of these Terms.
• Suspicious activity.
• Non-payment or payment disputes.
• Extended inactivity (over 12 months).

18.2 Data Retention

Upon account termination:

• Personal data will be retained for 90 days.
• You may request data export during this period.
• After 90 days, all personal data will be permanently deleted.
• Transaction records will be retained as required by law.

18.3 Account Recovery

To recover a suspended account:

• Submit a recovery request within 30 days of suspension.
• Provide required verification information.
• Resolve any outstanding violations or payments.
• Complete any required security reviews.

18.4 Outstanding Transactions

Upon account termination:

• Pending contributions will be refunded within 10 business days.
• Active wishlists will be archived.
• Gifts that have reached their target amount will be processed.
• Price Protection fees are non-refundable.

18.5 Reactivation

If an account is reactivated:

• Previous wishlists and data may not be restored due to data deletion on account closure.
• New verification procedures may be required.
• A probationary period may be enforced.
• Some features may be temporarily restricted.

By using Gyvyn, you consent to receive electronic communications from us. These communications may include:

• Notices about your account.
• Updates about wishlists and contributions.
• Platform changes and updates.
• Marketing communications (subject to your preferences).

19.1 Delivery Methods

We may provide these communications via:

• Email to your registered address.
• Platform notifications.
• SMS (if you've opted in).
• Posted notices on our website.

19.2 Communication Preferences

You may manage your communication preferences through:

• Your account settings.
• Unsubscribe links in emails.
• Contacting customer support.

Note: You cannot opt out of service-related communications that are essential to platform functionality or your account security.

20.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that best matches the intent of the original.

20.2 Survival

The following provisions survive the termination of these Terms:

• Content license grants.
• Indemnification obligations.
• Warranty disclaimers.
• Limitation of liability.
• Dispute resolution provisions.
• Any other provision that by its nature should survive termination.

20.3 Interpretation

• Headings are for convenience only.
• Words in the singular include the plural and vice versa.
• The word “including” means “including without limitation”.
• No provision shall be construed against Gyvyn as the drafter.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the platform.

These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

If you have any questions about these Terms, please contact us at:

Foighne Ventures
Dublin, Ireland
Email: [email protected]

By using Gyvyn, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them.