Legal

Terms of Service

Last updated: May 15, 2026

1. Agreement

These Terms of Service ("Terms") govern your access to and use of Balloon & Tusk and the GiftPilot AI platform (the "Service"), operated through balloonandtusk.com. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

Balloon & Tusk helps users track gift-giving occasions for the people in their lives and surfaces curated, personalized gift ideas. Gift suggestions may include affiliate links to third-party retailers.

We are not the seller of any product surfaced on the Service and are not responsible for product quality, availability, fulfillment, shipping, returns, or customer service. Any purchase you make is solely between you and the third-party retailer.

Gift recommendations are generated in part by automated systems and may be inaccurate, unavailable, or unsuitable for a given recipient. You are responsible for reviewing any suggestion before purchasing.

3. Accounts

You must be at least 16 years old to create an account. If you are between 16 and 18 years old (or the age of majority in your jurisdiction), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@balloonandtusk.com of any unauthorized use or suspected compromise of your account.

4. Subscriptions and Billing

The Service offers a free tier and one or more paid subscription tiers. Paid subscriptions are billed in advance on a recurring basis (such as monthly or annually) through our payment processor, Stripe.

By starting a paid subscription, you authorize us and Stripe to charge your selected payment method on a recurring basis until you cancel. Fees are generally non-refundable except where required by law or expressly stated otherwise in these Terms.

You may cancel your subscription at any time from your billing or account settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until that period ends, after which your account may revert to the free tier.

We may change pricing with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

5. Acceptable Use

You agree not to:

We reserve the right to investigate and take appropriate action (including suspension or termination of your account) in response to any suspected violation of this section.

6. User Content

You retain ownership of recipient details, preferences, notes, and any other content you submit to the Service ("User Content"). You grant us a limited, worldwide, royalty-free, non-exclusive license to host, process, use, and display that content solely as necessary to operate, maintain, and improve the Service.

You represent and warrant that:

7. AI-Generated Suggestions

Gift recommendations and related content may be generated by automated systems, including artificial intelligence models provided by third-party vendors.

You understand and agree that:

8. Affiliate Disclosure

Balloon & Tusk may earn commissions when you purchase through links on the Service. These links are typically to third-party retailers such as Amazon, Etsy, UncommonGoods, 1-800-Flowers, Goldbelly, and similar partners.

This does not affect the price you pay. Commissions help support and operate the Service.

We are not responsible for any issues arising from your transactions with third-party retailers, including but not limited to product availability, pricing, shipping, returns, or customer support. Your use of any third-party site is subject to that site's own terms and policies.

8a. Concierge Purchases

If you subscribe to the Concierge tier, you may authorize Balloon & Tusk to purchase specific gifts on your behalf using a payment method you have saved with our payment processor, Stripe. When you approve a gift for Concierge purchase, you authorize us to:

Authorization & price changes. Listed prices may change between the time you approve a gift and the time we place the order. If the actual price exceeds your approved price by more than 10%, we will pause the order and contact you for re-authorization.

Wrong gifts, delays, defects. We will use reasonable care in selecting, purchasing, and shipping each Concierge gift, but we do not guarantee delivery dates, condition of goods, or that any item will be in stock. We are not liable for delays caused by retailers, carriers, weather, customs, or other circumstances outside our reasonable control. Liability for any Concierge order is limited to a refund of amounts you actually paid for that specific order.

Refunds & cancellations. You may cancel an approved Concierge order at any time before we mark it as Purchased, with no charge. After purchase, refunds depend on the third-party retailer's return policy; we will pass along any refund we successfully receive, less any non-recoverable fees (such as shipping or gift wrap).

Gift recipients. By providing a recipient's name and shipping address for a Concierge order, you represent that you have a lawful basis to share that information with us and the retailer for the purpose of fulfilling the order.

9. Intellectual Property

The Service, including its design, code, branding, logos, and curated content, is owned by Balloon & Tusk and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms.

You may not:

10. Termination

We may suspend or terminate your account and access to the Service at any time if you breach these Terms, if we reasonably believe your use presents a risk to us or others, or if we discontinue the Service.

You may delete your account at any time through your account settings or by contacting us at support@balloonandtusk.com.

Upon termination or deletion of your account:

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

You assume full responsibility for your use of the Service and for any decisions you make based on information or suggestions obtained through the Service.

12. Limitation of Liability

To the maximum extent permitted by law, Balloon & Tusk and its affiliates, officers, employees, and agents will 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, goodwill, or other intangible losses, resulting from:

Our aggregate liability for any claim relating to the Service will not exceed the greater of $100 USD or the amount you paid us for the Service in the 12 months preceding 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. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify and hold harmless Balloon & Tusk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice, such as by email, in-app notification, or by posting an updated version with a revised "Last updated" date.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

15. Governing Law and Venue

These Terms are governed by the laws of the United States and the laws of the state in which the Service operator is principally located, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service that is not subject to arbitration (if a separate arbitration agreement applies) will be brought exclusively in the state or federal courts located in that jurisdiction, and you consent to the personal jurisdiction and venue of those courts.

16. Entire Agreement and Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Balloon & Tusk regarding the Service and supersede all prior agreements, understandings, or communications.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17. Contact

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

Email: support@balloonandtusk.com

Balloon & Tusk reserves all rights not expressly granted in these Terms.