Terms of Service.

Terms of Service

Last Updated: January 4, 2026

Welcome to NailThatGift ("we," "us," "our," or "the Site"). These Terms of Service ("Terms") govern your access to and use of nailthatgift.com, including any content, functionality, and services offered on or through the Site.

Please read these Terms carefully before using our Site. By accessing or using NailThatGift, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Site.

1. Acceptance of Terms

By accessing, browsing, or using NailThatGift, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

Last Modified Date: The "Last Updated" date at the top of these Terms indicates when they were last revised.

2. Description of Service

NailThatGift is a gift recommendation and discovery platform that:

• Curates and features gift ideas for various occasions, recipients, and categories
• Provides links to products available for purchase from third-party retailers
• Offers filtering and browsing tools to help users find gift ideas
• Allows users to save favorite gift ideas locally in their browser
• Provides newsletters and content about gift-giving (optional subscription)

NailThatGift is a recommendation and referral service only. We do not:

• Sell products directly
• Process payments
• Handle shipping or fulfillment
• Provide customer service for products purchased through our links
• Guarantee product availability, pricing, or quality

3. Affiliate Relationships and Commissions

3.1 Affiliate Disclosure

NailThatGift participates in affiliate marketing programs, including the Amazon Associates Program and other affiliate networks.

What this means:

• When you click on product links on our Site and make a purchase from a retailer, we may earn a commission
• This commission comes from the retailer, not from you
• You pay the same price whether you use our link or go directly to the retailer
• These commissions help us operate and improve the Site at no cost to you

3.2 Independence of Recommendations

Our gift recommendations are based on:

• Product quality and usefulness
• Customer reviews and ratings
• Our research and curation process
• Value for the recipient
• Availability through affiliate partnerships
• Commission rates

3.3 No Guarantee of Commissions

We make no guarantee that:

• Affiliate links will always be active
• Commissions will be paid by retailers
• Pricing or availability shown on our Site is current

Product information, prices, and availability are subject to change without notice.

4. Use of the Site

4.1 Permitted Use

You may use NailThatGift for:

• Browsing and discovering gift ideas
• Saving favorite gifts to your browser (local storage)
• Subscribing to our newsletter
• Sharing gift ideas with others
• Personal, non-commercial purposes

4.2 Prohibited Use

You agree NOT to:

Content and Data:

• Scrape, crawl, or automatically extract content or data from the Site
• Copy, reproduce, or republish Site content without permission
• Use our content for commercial purposes without authorization
• Frame or mirror any part of the Site

Technical Interference:

• Attempt to gain unauthorized access to the Site or our systems
• Interfere with or disrupt the Site's functionality
• Introduce viruses, malware, or harmful code
• Bypass security measures or access restrictions

Misuse:

• Use the Site for any illegal purpose
• Impersonate NailThatGift or any person or entity
• Submit false, misleading, or fraudulent information
• Harass, abuse, or harm other users
• Use automated tools (bots, scripts) without permission

Intellectual Property:

• Remove or alter copyright notices or trademarks
• Use our name, logo, or branding without permission
• Claim ownership of our content

5. Intellectual Property Rights

5.1 Our Content

All content on NailThatGift, including but not limited to:

• Text, articles, gift descriptions
• Images, graphics, logos
• Design, layout, and user interface
• Compilation and organization of content
• Software and code

is owned by or licensed to NailThatGift and is protected by:

• Copyright laws
• Trademark laws
• Other intellectual property rights

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Site for personal, non-commercial purposes

This license does NOT permit you to:

• Modify, reproduce, or create derivative works
• Distribute, sell, or commercially exploit our content
• Remove copyright or proprietary notices

5.3 Trademarks

"NailThatGift" and our logo are trademarks of NailThatGift. You may not use our trademarks without prior written permission.

5.4 Third-Party Content

Product images, descriptions, and branding belong to their respective owners (retailers, manufacturers). We display this content under fair use or with permission for the purpose of product recommendation and linking.

5.5 User-Submitted Content

If you submit content to us (e.g., feedback, suggestions, ideas):

• You grant us a worldwide, royalty-free, perpetual license to use, modify, and display such content
• You represent that you have the right to submit such content
• We are not obligated to use or respond to your submissions

6. Third-Party Links and Services

6.1 External Links

Our Site contains links to third-party websites and services, including:

• Online retailers (Amazon, etc.)
• Social media platforms
• Partner websites

We are not responsible for:

• The content, accuracy, or practices of third-party sites
• Products or services offered by third parties
• Privacy practices of external sites
• Transactions you make on third-party sites

6.2 Third-Party Terms

When you click a link and leave our Site, you become subject to the terms of service and privacy policies of the destination website.

6.3 Product Purchases

When you purchase a product through our affiliate links:

• You are purchasing from the retailer, not from us
• The retailer's terms, return policy, and customer service apply
• We are not a party to the transaction
• We do not handle refunds, returns, shipping, or customer service

For product issues, contact the retailer directly.

7. Disclaimers and Limitations of Liability

7.1 "AS IS" Basis

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation

7.2 No Guarantee of Results

We do not guarantee that:

• Gift recommendations will be suitable for your needs
• Products will be available or at the prices shown
• Recipients will like the gifts you choose
• Links will always be functional
• Information is current or accurate

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE ARE NOT LIABLE FOR ANY:

• Direct, indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Damages arising from your use of the Site or inability to use the Site
• Damages from third-party products purchased through our links
• Errors, omissions, or inaccuracies in content

THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.4 Maximum Liability Cap

In jurisdictions that do not allow the exclusion or limitation of liability, our total liability to you for any claims arising from these Terms or your use of the Site shall not exceed:

• $100 USD, or
• The amount you paid us in the past 12 months (which is $0 if you haven't paid us anything)

7.5 Product Liability

We are NOT responsible for:

• Product defects, quality, or safety
• Shipping delays or damages
• Incorrect or misleading product descriptions provided by retailers
• Changes in product availability or pricing
• Retailer customer service or return policies

For product issues, contact the retailer or manufacturer directly.

7.6 Gift Suitability

Gift recommendations are suggestions only. We are not responsible if:

• A recipient dislikes a gift
• A gift is inappropriate for the recipient
• A gift doesn't arrive on time
• You choose a gift based on our recommendations that doesn't meet expectations

You are solely responsible for your gift purchasing decisions.

8. Indemnification

You agree to indemnify, defend, and hold harmless NailThatGift, its owners, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Site
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (intellectual property, privacy, etc.)
• Content you submit to the Site
• Your purchase of products through our affiliate links

This indemnification obligation survives termination of these Terms.

9. User Data and Privacy

9.1 Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Please review our Privacy Policy at nailthatgift.com/privacy to understand:

• What information we collect
• How we use your information
• Your privacy rights

9.2 Saved Favorites (Local Storage)

When you save gift ideas as favorites:

• Data is stored locally in your browser (localStorage)
• It is NOT transmitted to our servers
• It is NOT backed up by us
• You may lose this data if you clear your browser or switch devices

We are not responsible for loss of locally stored data.

9.3 Newsletter

If you subscribe to our newsletter:

• You consent to receive emails from us
• You can unsubscribe at any time
• We will not share your email with third parties for their marketing

10. Children's Use

NailThatGift is not intended for children under the age of 13.

• We do not knowingly collect information from children under 13
• If you are under 13, do not use the Site or provide any information
• Parents: If you believe your child has used the Site, contact us at hello@nailthatgift.com

11. Termination

11.1 Termination by You

You may stop using the Site at any time. To delete your saved favorites, clear your browser's local storage.

11.2 Termination by Us

We reserve the right to:

• Suspend or terminate your access to the Site
• Remove content you've submitted
• Discontinue the Site or any feature

at any time, for any reason, without notice, including if:

• You violate these Terms
• We suspect fraudulent or illegal activity
• Required by law
• We decide to cease operations

11.3 Effect of Termination

Upon termination:

• Your right to use the Site immediately ceases
• Provisions of these Terms that should survive (disclaimers, limitations of liability, indemnification) remain in effect

12. Changes to the Site

We reserve the right to:

• Modify, update, or discontinue the Site or any feature
• Change gift recommendations, content, or functionality
• Remove or add affiliate partnerships
• Update pricing, product information, or links

at any time without notice or liability.

We do not guarantee:

• Continuous availability of the Site
• That the Site will be error-free or secure
• That any particular content will remain available

13. Geographic Restrictions

NailThatGift is operated from Germany.

If you access the Site from other locations:

• You do so at your own risk
• You are responsible for compliance with local laws
• Some features or products may not be available in your region

We make no representation that content is appropriate or available for use outside Germany.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Any disputes arising from these Terms or your use of the Site shall be resolved exclusively in the courts of Germany.

You consent to personal jurisdiction and venue in these courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at hello@nailthatgift.com to attempt to resolve the dispute informally.

We will attempt to resolve disputes in good faith within 30 days.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NailThatGift regarding use of the Site.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

We may assign these Terms or our rights to any party without your consent.

15.5 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and NailThatGift.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

• Natural disasters
• War, terrorism, civil unrest
• Government actions
• Internet or infrastructure failures
• Pandemics or public health emergencies

15.7 Headings

Section headings in these Terms are for convenience only and have no legal effect.

15.8 Survival

Provisions that by their nature should survive termination (disclaimers, limitations of liability, indemnification, dispute resolution) shall survive termination of these Terms.

16. Feedback and Suggestions

We welcome your feedback, comments, and suggestions about the Site.

By submitting feedback to us:

• You grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate your feedback
• We are not obligated to compensate you
• We are not obligated to implement your suggestions
• You waive any moral rights or attribution rights

17. Accessibility

We strive to make NailThatGift accessible to all users. If you experience accessibility issues, please contact us at hello@nailthatgift.com so we can improve.

18. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Email: hello@nailthatgift.com

Mailing Address:
RankCrush GmbH
Marktplatz 11
88709, Meersburg BW
Germany

Response Time: We will respond to inquiries within 5-10 business days.

19. Acknowledgment

BY USING NAILTHATGIFT, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You are at least 13 years old (or the age of majority in your jurisdiction)
• You will use the Site in compliance with these Terms and all applicable laws