Effective Date: January 1, 2026

Last Updated: March 30, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Giftmap content management platform ("Service") provided by Presentation Design Group LLC ("PDG Design," "we," "us," or "our").

Important: If you have executed a Master Services Agreement (MSA) or other written agreement with PDG Design, the terms of that agreement control in the event of any conflict with these Terms. These Terms supplement your MSA and govern matters not specifically addressed in your MSA.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the authority to enter into these Terms on behalf of yourself or the organization you represent.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account with accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

3.2 Account Credentials

You may not:

  • Share your account credentials with others
  • Allow others to access the Service using your account
  • Create multiple accounts for the same individual or organization

4. Acceptable Use

4.1 Permitted Use

The Service is designed for creating and managing content for digital signage displays. You agree to use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Content

You may not upload, publish, or transmit through the Service any content that:

  • Violates any applicable law or regulation
  • Infringes upon intellectual property rights of others
  • Contains hate speech, harassment, or threats
  • Depicts or promotes violence or self-harm
  • Contains adult content, pornography, or sexually explicit material
  • Distributes malware, viruses, or malicious code
  • Violates the privacy rights of others
  • Contains false, misleading, or fraudulent information

4.3 Prohibited Activities

You may not:

  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated systems (bots, scrapers) to access the Service
  • Resell or redistribute the Service without authorization
  • Remove or obscure any proprietary notices or labels

4.4 Enforcement

We reserve the right to investigate violations and take appropriate action, including:

  • Removing prohibited content
  • Suspending or terminating accounts
  • Reporting illegal activity to law enforcement
  • Pursuing legal remedies

5. Content Ownership and License

5.1 Your Content

You retain all ownership rights to content you upload to the Service ("Your Content"). You are solely responsible for Your Content and the consequences of uploading or publishing it.

5.2 License You Grant to Us

By uploading Your Content, you grant PDG Design a non-exclusive, worldwide, royalty-free license to use, reproduce, store, display, and transmit Your Content solely for the purpose of:

  • Operating and providing the Service
  • Performing obligations under your MSA
  • Displaying Your Content through digital signage as you direct

This license terminates when you delete Your Content or terminate your account, except where retention is required for backup, legal, or operational purposes as described in our Privacy Policy.

5.3 Responsibility for Your Content

You represent and warrant that:

  • You own or have the necessary rights to upload Your Content
  • Your Content does not violate any third-party rights
  • Your Content complies with all applicable laws and these Terms

5.4 Our Intellectual Property

The Service, including its software, design, features, functionality, text, graphics, and trademarks, is owned by PDG Design and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

The "Giftmap" name and logo are trademarks of PDG Design. You may not use these marks without prior written authorization.

6. Service Availability and Modifications

6.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that adversely affect your use of the Service.

6.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts Service availability. We will attempt to provide advance notice of scheduled maintenance when feasible.

6.3 No Warranty

Unless otherwise specified in your MSA, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Account Termination

7.1 Termination by You

You may terminate your account at any time by providing 30 days' written notice to support@pdgdesign.net, subject to the terms of your MSA.

7.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You breach these Terms or your MSA
  • You fail to pay amounts owed under your MSA
  • Your use of the Service creates security or legal risks
  • Required by law or legal process

7.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease immediately
  • You have 90 days to request a download of Your Content
  • After 90 days, Your Content will be permanently deleted from production systems
  • Backup data will be purged within 6 months as described in our Privacy Policy
  • Provisions of these Terms that by their nature should survive (Sections 5, 8, 9, 10) will remain in effect

8. Limitation of Liability

To the maximum extent permitted by law and except as otherwise specified in your MSA:

8.1 Exclusion of Damages

PDG Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service.

8.2 Liability Cap

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or if no payment was made, $100.

8.3 MSA Prevails

If your MSA contains different liability terms, those terms control.

9. Indemnification

You agree to indemnify, defend, and hold harmless PDG Design, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party rights

10. Dispute Resolution

10.1 Governing Law

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

10.2 MSA Dispute Terms Control

If your MSA specifies dispute resolution procedures (arbitration, venue, etc.), those procedures control. Otherwise, the following applies:

10.3 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be conducted in Oregon.

10.4 Class Action Waiver

You agree to resolve disputes with PDG Design on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

10.5 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Service.

11. Third-Party Services

The Service integrates with third-party services (Google reCAPTCHA, AWS, email delivery providers). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their practices.

12. General Provisions

12.1 Entire Agreement

These Terms, together with your MSA and our Privacy Policy, constitute the entire agreement between you and PDG Design regarding the Service.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

12.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, network failures, or cyberattacks.

12.6 Notice

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to support@pdgdesign.net.

12.7 Amendments

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice within the Service at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance.

13. Contact Information

For questions about these Terms, contact:

Presentation Design Group LLC

Email: support@pdgdesign.net

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