Gift Terms of Service

These Gift Terms of Service (“Gift Terms”) govern your purchase, receipt and/or use of a Gift, as defined below, as well as the services provided by Kudoboard Gifts LLC (“Kudoboard Services”), an Arizona limited liability company, in connection therewith.  By purchasing (including contributing to), gifting, or redeeming a Gift, you agree to these Gift Terms.

These Gift Terms incorporate and are in addition to the Kudoboard Terms of Service available at www.kudoboard.com/terms-of-service (the “Kudoboard Terms”).  Capitalized terms not separately defined in these Gift Terms have the meaning assigned to them in the Kudoboard Terms.

1. Purchasing a Gift

The Kudoboard Services may allow you to create, contribute to, and/or receive digital group cards or individual messages of appreciation (“Kudoboard Card”).

During creation of a Kudoboard Card using the Kudoboard Services, the individual initiating the Kudoboard Card (the “Creator”) has the option to add a gift certificate (a “Gift”) to the designated recipient (the “Recipient”) of the Kudoboard Card.  Gifts are non-refundable and cannot be redeemed for cash.  Gifts may be redeemed for certain products identified by Kudoboard, as provided in more detail below.  Kudoboard reserves the right to change at any time in its sole discretion the redemption options for a Gift. The Creator may invite individuals (with the Creator, each a “Contributor”) to contribute comments, pictures, other content to the Kudoboard Card, and also make a monetary contribution toward the Gift .  Each Contributor must create a Kudoboard account in order to make a contribution toward the purchase of a Gift. Each Contributor must use a valid payment method, such as a credit card or accepted alternative payment method.  Once a purchase of a Gift has been completed, each Contributor will receive email confirmation of their payment and the selected payment method will be charged for the amount of such Contributor’s monetary contribution toward the Gift plus fees.  A processing fee will be added to all Gifts.  Information about the processing fee can be found during checkout on the purchase page.  The Recipient of the Gift shall have the sole right to redeem the Gift for the products selected by the Creator and shall have no other rights with respect to the Gift or the amounts paid for the Gift, which are the property solely of Kudoboard.  No Contributor (including the Creator) shall have any right to the return or refund of any amount paid towards the purchase of a Gift or any right to exchange such amounts for other Gifts if the Gift is not sent to or redeemed by the Recipient, nor shall any Contributor (including the Creator) have any right to redeem the Gift itself.

When you create or contribute to a Gift, you agree (i) to submit your own valid email address, (ii) to create a user name and password, if required, (iii) that all information you submit will be accurate and not misleading, (iv) that you are responsible for any and all uses of your account, whether or not you have authorized such use, (v) that you will not use Kudoboard for any unlawful or otherwise prohibited activity or any activity that Kudoboard may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud or similar activities, (vi) that your Gift is not and will not be used for the purpose of promoting or otherwise involving any election campaign, (vii) as a Creator, that any Gift you create will be used and conveyed to the Recipient and for the purpose communicated or otherwise described to Contributors and potential Contributors; (viii) that you will not provide or offer to provide any goods or services in exchange for Gift purchases or contributions; (ix) that you will not attempt or conduct any self-payments or cash advances or lines of credit to yourself, any Contributor or any Gift recipient, or pay funds owed to third parties, or attempt to obfuscate the origin of any funds in connection with the Kudoboard Services; and (x) that you will not use the Kudoboard Services for commercial purposes.

A Gift may be funded by multiple Contributors.  You must be at least 18 years or older to purchase a Gift.  Recipients must be at least 13 years old.

No single Contributor may purchase more than $2,000 USD for any single Gift on any single day and no Contributor may buy or send Gifts in an amount of $10,000 or more in any single day in one or more transactions.  No Recipient may receive Gifts totaling $10,000 or more in a single day (e.g., from multiple Kudoboard Cards), or any single Gift in excess of $2,000.  Kudoboard and the Creator may also impose additional limits on the value of a Gift, including minimum or maximum values.

Payments on the Kudoboard platform utilize the Stripe payment processing service. Your use of Kudoboard’s online payment functionality will also constitute your acceptance of Stripe’s privacy policy and terms of use. Stripe, and not Kudoboard, will receive or collect Contributor’s payments pending redemption by the recipient.  Certain aspects of the Kudoboard Services may require you to register with, and agree to terms of use of, third party service providers, with which Kudoboard has entered into contracts, in order to be able to use or otherwise benefit from the Kudoboard Services.

Kudoboard does not have any control over the conduct of, or any information provided by any Contributor,  the Recipient, or any other users of Kudoboard, and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. The dealings between Contributors, the Creator and/or Recipients are solely between such persons.  Kudoboard has no obligation to resolve any dispute between you and any other user.  You must ultimately determine the appropriateness of purchasing or contributing to any Gift.  If Kudoboard discovers or suspects at any time that information you provided is incorrect or violates the law, these Gift Terms, the Kudoboard Terms, or any other applicable terms of service in connection with the Services, including the terms of service for any third parties with which Kudoboard has entered into a contract, Kudoboard may suspend and/or terminate your access to the Kudoboard Services with immediate effect.

2. Sending a Gift

The Creator shall be responsible for finalizing and sending the Kudoboard Card and Gift to the Recipient. Kudoboard is not responsible if a Creator fails to finalize and send the Kudoboard Card and Gift to the Recipient.  Upon finalization by the Creator, the Recipient will receive an email that contains a link to the Kudoboard Card and a link to redeem the Gift. To ensure Gift purchases are not fraudulent, there may be a delay between when the Gift is sent and when it can be redeemed.

3. Redeeming a Gift

Once a Kudoboard Card and Gift have been sent to the Recipient, the Recipient will be directed to a third-party fulfillment partner to choose their Gift from available products.  The Recipient must agree to the terms and conditions of the third-party website in order to redeem the Gift for available products.  Gifts may be redeemable for certain products as designated by Kudoboard including merchant gift cards, prepaid debit cards, charitable donations, and other gifts, which may change from time to time without notice or restriction.  Merchant gift cards may be delivered to the Recipient via email, text, or mail.  The Creator and the other Contributors will not be notified when the Recipient redeems the Gift.

Gifts do not expire and no post-sale fees are imposed on Gifts.There may be restrictions on the use of the products for which a Gift is redeemable.  Merchant gift cards must be redeemed at the applicable retailer’s website or physical retail store, subject to the retailer’s then current terms and conditions. All merchant gift cards are subject to the terms and conditions of the specific retailer. Merchant gift cards and prepaid debit cards are not reloadable or refundable through Kudoboard.  Kudoboard is not responsible for any loss or damage resulting from late or failed delivery of any product or services purchased through a retailer, any defect of any product or services, breach of any retailer’s warranty, express or implied, or a retailer’s failure to redeem a merchant gift card or prepaid gift card. 

All risk of loss and title for the Gift will pass to the Recipient upon delivery of the Gift to the Recipient.  Kudoboard is not responsible if a Gift, or a product for which the Gift is redeemed, is lost, stolen, destroyed, or used without permission.  Kudoboard has no obligation to monitor or investigate the sending or redemption of any Gifts.  Kudoboard is not the issuer or obligor of any of the products for which the Gifts are redeemable.  Gifts are redeemed for products issued by a third party which shall be the sole party responsible for any and all claims or liabilities related to such products.  If you have any questions once a Gift has been redeemed for a product, please contact the third party that has issued the product. Some products for which Gifts are redeemable (e.g., certain merchant gift cards) may not be redeemable outside the United States.  The Recipient should read the terms and limitations of each product carefully before redeeming the Gift for such product. The Recipient may not receive Gifts totaling $10,000 or more in a single day (e.g., from multiple Kudoboard Cards), or hold any single Gift in excess of $2,000.

4. Miscellaneous

Kudoboard is not responsible if the Recipient’s contact information is incorrect or the Gift is not deliverable to the Recipient. We encourage the Creator to carefully ensure that the Recipient’s contact information is accurate and up to date.  We also encourage the Creator to confirm with the Recipient that the Kudoboard Card and Gift were received.

You agree not to use Kudoboard or Gifts to participate in any activity that violates applicable law.  You agree to comply with all applicable law and terms of service when purchasing, gifting, or redeeming a Gift in connection with the Kudoboard Services. Kudoboard reserves the right to reject any Gift order or suspend redemption of any Gift order in the event Kudoboard reasonably believes such order to (a) be fraudulent, unauthorized, incomplete or false, or subject to any other dishonest or illegal conduct, or (b) violate applicable law or terms of service.

Kudoboard disclaims all express or implied warranties as to Gifts.  These Gift Terms may be subject to change in Kudoboard’s sole discretion subject to applicable law, including modification or termination of the Gift program at any time.  Kudoboard reserves the right, at our sole discretion, to suspend, change, modify or terminate, temporarily or permanently, the Gift program at any time, without any liability to you or to any third party from any claims, damages, costs, or losses resulting therefrom.  All changes are effective as of the date they are posted.  Kudoboard may provide no notice of changes at all or may notify you via e-mail at the e-mail address provided at the time of registration. Kudoboard is not a bank or licensed or regulated financial institution and does not offer banking, money service business services or money transmission services.

Updated: April 25, 2024