Gift Club Terms and Conditions

1. Acceptance of Terms

By accessing and using Gift Club ("the Game"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Game. These terms apply to all users, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

2. Description of Service

Gift Club is a Telegram-based digital entertainment application that allows users to unlock virtual rewards and collect digital items, including in-app stars, experience points (XP), Telegram Gifts, and digital collectibles (NFTs). The Game is designed solely for entertainment purposes and does not offer any real-money payouts.

Gift Club offers multiple reward tiers, each containing a predefined assortment of digital items categorized by rarity levels, ranging from common to divine. The full list of possible contents for each tier, and the rarity band of each individual item within it, are displayed in-app prior to unlocking. Numeric probabilities for individual items are not published. Users progress by collecting items, earning XP, and unlocking higher levels within the Game.

All items obtained in Gift Club are virtual digital items intended for in-game use, collection, or interaction with supported Telegram features, and have no guaranteed monetary value.

3. Eligibility

You must be at least 13 years of age to use Gift Club. By using the Game, you represent and warrant that you meet this age requirement. Users under 18 should have permission from a parent or guardian to use the Game.

We do not actively verify age but reserve the right to request verification and terminate accounts that cannot demonstrate age eligibility. Users found to be under 13 will have their accounts immediately terminated.

You are responsible for ensuring your use of Gift Club complies with all applicable laws in your jurisdiction.

4. User Accounts

Your Telegram account serves as your identity in the Game. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Nature of Stars

5.1 In-App Stars

Stars are a virtual in-app currency that can be earned through gameplay or purchased within the Game. Stars are used exclusively inside Gift Club to:

• Unlock virtual rewards
• Interact with in-game mechanics and features
• Exchange for supported digital items, such as Telegram Gifts or digital collectibles (NFTs), as described in the Game

Stars have no real-world monetary value and are intended solely for use within the Game.

5.2 Purchase and License

When you purchase Stars, you receive a limited, non-exclusive, non-transferable, and revocable license to use them within Gift Club. Stars are licensed, not sold. Gift Club reserves the right to modify, manage, regulate, or discontinue Stars or related features at any time, with reasonable notice where required.

5.3 Restrictions on Transfer

You may not sell, trade, gift, or transfer Stars outside of the Game, nor attempt to exchange Stars for real-world currency or value through unauthorized methods.

5.4 Refunds and Chargebacks

All Star purchases are final and non-refundable, except:

• Where a technical error prevents the delivery of purchased Stars
• Where required by applicable law
• At Gift Club's sole discretion in exceptional circumstances

Initiating a chargeback may result in suspension or termination of your account and forfeiture of all Stars and collected items.

6. Telegram Gifts

Telegram Gifts obtained through Gift Club are digital items that may be:

• Exchanged back to Gift Club for in-app Stars, or
• Claimed to your Telegram account, subject to Telegram's terms of service

Once a Telegram Gift is claimed to your Telegram account, it leaves the Gift Club ecosystem. Gift Club has no control over, and assumes no responsibility for, any Telegram Gift after it is claimed. All further use, transfer, or disposition of such Gifts is governed solely by Telegram's policies.

7. NFTs and Digital Collectibles

Digital collectibles (NFTs) obtained through the Game are virtual collectibles that may be:

• Exchanged back to Gift Club for in-app Stars (where supported), or
• Claimed and transferred to a personal external wallet

Ownership of an NFT does not grant any intellectual property rights to the underlying content. Once an NFT is transferred to an external wallet, Gift Club assumes no responsibility for its value, availability, transferability, or functionality on third-party platforms.

8. Tier Types and Contents

Gift Club offers multiple reward tiers with different prices and available contents. Each tier contains a displayed selection of digital items categorized by rarity levels.

The possible contents for each tier type, and the rarity band of each item within them, are disclosed in-app prior to unlocking; numeric probabilities for individual items are not published. Tier types, prices, and contents may be updated or adjusted over time.

9. Free Rewards and Streaks

Users may receive free in-app Stars at regular intervals (e.g., every 4 hours), subject to availability and in-game limits. Daily streaks reward consecutive participation. If a claim is missed within the designated time window, the streak may reset.

10. Entertainment Disclaimer

By using Gift Club, you acknowledge and agree that:

• Gift Club is a digital entertainment and collectible experience
• All items obtained are virtual and intended for entertainment purposes
• No purchase guarantees access to specific items
• Gift Club does not offer financial, investment, or income opportunities
• The perceived value of digital items may vary and is not guaranteed

11. Prohibited Conduct

You agree not to:

• Use cheats, exploits, automation software, bots, or any unauthorized third-party software
• Modify or interfere with the Game or its systems
• Attempt to gain unauthorized access to other user accounts
• Engage in fraudulent or deceptive practices
• Manipulate or exploit game mechanics for unfair advantage
• Create multiple accounts to abuse rewards or promotions
• Harass, abuse, or harm other users
• Violate any applicable laws or regulations
• Use the Game for money laundering or other illegal financial activities

12. Intellectual Property

All content in Gift Club, including but not limited to graphics, user interface, audio, video, text, game mechanics, and probability algorithms, is owned by us or our licensors and is protected by Ukrainian and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

13. Disclaimer of Warranties

THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY UKRAINIAN LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that:

• The Game will meet your requirements
• The Game will be available at any particular time or location
• Any defects or errors will be corrected
• The Game is free of viruses or other harmful components

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY UKRAINIAN LAW, IN NO EVENT SHALL WE 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, ARISING OUT OF OR RELATED TO YOUR USE OF THE GAME.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE GAME SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US FOR STARS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the extent prohibited by applicable law.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the Game or through other reasonable means. Changes will be effective immediately upon posting unless otherwise specified. Your continued use of the Game after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Game.

16. Modifications to the Game

We reserve the right to modify, suspend, or discontinue the Game or any features, including tier types, probabilities, prizes, reward systems, or Star pricing, at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Game.

17. Termination

17.1 Termination by Us

We may terminate or suspend your access to the Game immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or illegal activity
• Use of cheats, bots, or exploits
• Extended periods of inactivity
• At our sole discretion

17.2 Effect of Termination

Upon termination:

• Your right to use the Game will cease immediately
• All unused Stars will be forfeited
• Unclaimed Gifts and NFTs within Gift Club will be forfeited
• Gifts and NFTs already claimed to external platforms (Telegram or wallets) remain yours
• We may delete your account data in accordance with our data retention policies

17.3 Survival

Sections 12 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 19 (Governing Law), and this section shall survive termination.

18. Privacy and Data Protection

Your use of Gift Club is also governed by our Privacy Policy. We collect and process personal data as described in that policy, including your Telegram user ID, gameplay statistics, transaction history, and device information.

We process your data in accordance with Ukrainian data protection laws. You have rights regarding your personal data, including the right to access, correct, or request deletion of your data, subject to our legal obligations and legitimate business interests.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the Game shall be resolved exclusively in the competent courts of Ukraine. You consent to the personal jurisdiction of such courts and waive any objection to venue.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Indemnification

You agree to indemnify, defend, and hold harmless Gift Club, its operators, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your use or misuse of the Game
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

21. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gift Club regarding the Game and supersede all prior agreements and understandings, whether written or oral, regarding the subject matter herein.

23. Severability

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 be affected or impaired in any way.

24. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Gift Club.

25. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder at any time without restriction and without notice to you.

26. Contact Information

If you have any questions about these Terms and Conditions, please contact us through our official Telegram channel.