Terms of Use

Published: 01 October 2025

A reference to "Euda" "we," "us," or "our" means Giftivest LTD, a company incorporated in the United Kingdom under company registration number 16197030. Our registered office is at 128, City Road, London, EC1V 2NX, United Kingdom.

IMPORTANT DISCLAIMERS:

WE DO NOT MAKE ANY PROMISES OR GIVE ANY WARRANTIES ABOUT OUR SERVICES. IN PARTICULAR, WE DO NOT WARRANT THAT:

  • THE SERVICES OR THE CONTENT (INCLUDING USER-GENERATED CONTENT) ARE VIRUS-FREE;
  • ANY OF THE CONTENT OR SERVICES ARE ACCURATE, COMPLETE, OR FIT FOR A PARTICULAR PURPOSE;
  • OUR CONTENT OR SERVICES PROVIDE LEGAL, FINANCIAL OR PROFESSIONAL ADVICE OF ANY KIND;
  • THE PLATFORM WILL BE CONSTANTLY ACCESSIBLE OR UNINTERRUPTED; OR
  • THE PLATFORM WILL BE AVAILABLE AND ACCESSIBLE AT ALL TIMES.

WE MAKE NO PROMISES THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR TECHNICAL ENVIRONMENT. THOSE WHO PROCURE OUR SERVICES DO SO AT THEIR OWN RISK.

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions apply:

Asset: An investment-grade physical commodity or other eligible item made available for purchase and gifting through the Platform, including but not limited to precious metals such as gold and silver. The specific types of Assets available may vary over time and are described on the Platform at the point of purchase. Euda does not guarantee the future availability of any specific Asset type or its investment performance.

Asset Service: The core service provided by Euda for the secure purchase, custody, and transfer of an investment asset to a Recipient. This service consists of the procurement of the Asset from third-party suppliers, payment processing, handling, and the facilitation of Asset's legal ownership transfer to the Recipient.

Business Day: A day other than Saturday, Sunday, or a bank holiday in the United Kingdom.

Confidential Information: all non-public information disclosed by one party to the other in connection with the Platform or Services, whether in oral, written, or electronic form, including (without limitation) personal data, financial and transaction data, recipient details, technical information, pricing data, supplier agreements, business processes, and Customer Content that is not publicly shared.

Customer: Any person who registers for and uses Platform for the Permitted Purpose.

Customer Content: Any text, images, audio, video, messages, notes, personalisation features (including gift messages and digital certificates), feedback, reviews, or other material provided, uploaded, or submitted by a Customer through the Platform in connection with the purchase, gifting, or use of investment assets.

Customer Data: Any and all information (including personal data) provided to Euda by the Customer.

Gifting Service: The end-to-end service provided by Euda that facilitates the gifting of an Asset. Gifting Service solely consists of the Gift Box and and QR Code (defined below):

  • The provision of the physical gift box and all internal packaging, designed to securely house and present the Asset ("Gift Box"); and
  • QR Code is defined as follows: the provision of a digital experience, enabled by a unique QR code, which directs the Recipient to a personalised microsite displaying:
    • a message from the Customer;
    • the purchase price of the Asset; and
    • a chart indicating the Asset's performance.

Gifting Service Fee: Fee of £9.99 (subject to change) is payable per transaction for the Gifting Service.

Intellectual Property Rights: All copyright, trademarks, database rights, design rights, patents, and all other intellectual property rights.

Materials: All services, data, content, intellectual property, websites, software and other materials provided by or on behalf of Euda.

Non-Euda Materials: All third-party materials including without limitation APIs, Shopify, Google, payment providers, and logistics integrations.

Permitted Purpose: Use solely for personal gifting of investment assets.

Platform: The online platform provided by Euda at https://www.gifteuda.com.

Recipient: The individual designated by the Customer to receive an Asset gift through the Platform. Recipient does not become a party to these Terms and does not acquire any contractual rights against Euda. Recipient details (including name, contact information, and delivery address) are provided by the Customer solely for the purpose of fulfilling the gift order.

Services: Asset Service and Gifting Service together.

2. PURPOSE AND SCOPE OF PLATFORM

2.1 The Platform is designed to assist individuals in gifting Assets by providing:

  • asset selection: browsing and choosing Assets for gifting to Recipient;
  • secure purchase: a streamlined checkout process with trusted payment providers;
  • recipient management: collection of recipient details (e.g., name, delivery address, contact information) for fulfilment of the gift;
  • logistics coordination: integration with suppliers and shipping partners for delivery, ownership transfer, and tracking of Assets; and
  • digital gifting experience: provision of digital gift certificates, and personalised messaging.

2.2 The Platform is not a substitute for professional financial or investment advice. It provides gifting and fulfilment tools, but the ultimate responsibility for decisions about Asset gifting, tax treatment, and compliance with applicable laws rests with the Customer.

3. RIGHTS OF USE

3.1 Subject to these Terms, Euda grants the Customer a non-exclusive, non-transferable, limited licence to access and use the Services for the Permitted Purpose.

3.2 In accordance with this license, the Customer is permitted to use the Services to:

  • store and manage their own Customer Data and Customer Content;
  • facilitate the gifting of Assets and the transfer of ownership of an Asset to a Recipient; and
  • track the status of their orders and transactions.

3.3 The Customer acknowledges that:

  • the Platform and its Services do not constitute investment advice;
  • Euda does not guarantee uninterrupted or error-free service; and
  • Platform's purpose is for personal gifting use only and is not to be resold or used for unauthorised commercial purposes.

4. CUSTOMER RESPONSIBILITIES

4.1 The Customer agrees to:

  • provide accurate and truthful details during registration and maintain the security and confidentiality of their account login credentials and passwords; and
  • promptly inform Euda of any suspected or actual unauthorised access, security breaches, or misuse of their account.

4.2 The Services are intended for personal gifting use only. The Customer must not use, and must ensure that no third party uses, the Services for any purpose other than the Permitted Purpose, or engages in any activity that is harmful to the Platform, its Customers or Euda. Prohibited activities include, but are not limited to:

  • copying, selling, sublicensing, or distributing the Platform or its Materials beyond what is expressly permitted in these Terms;
  • any activities that are fraudulent, illegal, or in breach of any law, including but not limited to, money laundering, terrorism financing, or the sale of illegal goods;
  • harassing, spamming, or engaging in hate speech;
  • using the Services for any unauthorised commercial purpose, including the resale or redistribution of the Platform or its Materials;
  • infringing on any Intellectual Property Rights of Euda or any third party.
  • attempting to reverse engineer, decompile, or modify the Platform;
  • performing data scraping or other forms of unauthorised data collection;
  • or uploading malware or other harmful code.

4.3 Euda reserves the right to suspend or terminate a Customer's access to the Services, at its sole discretion, if:

  • the Customer breaches any of these Terms, including the list of prohibited activities in section 4.2;
  • there is suspicion of fraudulent, illegal, or harmful activity; or
  • the Customer fails to provide any requested information for identity verification or legal compliance.

4.4 The Customer is solely responsible for all activities that occur under their account, whether authorised or not.

4.5 By registering for, accessing, or using the Platform and / or Services, the Customer represents and warrants that they are at least eighteen (18) years old. In the UK, individuals under the age of 18 are considered minors and generally lack the legal capacity to enter into binding contracts, particularly for non-essential goods or services.

4.6 Euda does not knowingly collect personal data from individuals under the age of eighteen (18). If Euda becomes aware that personal data has been collected from an individual who is less than eighteen (18) years of age, it will take reasonable steps to delete such data from its systems.

5. FINANCIAL AND REGULATORY DISCLAIMERS

5.1 By using the Services, Customer acknowledges and accepts the following:

  • We are a technology company and do not provide financial, investment, or legal advice. The Platform is a tool for the gifting of investment assets and does not offer recommendations. We are not a broker, a financial advisor, or a regulated financial firm. Our Services do not constitute a regulated activity under the Financial Services and Markets Act 2000 (FSMA) in the UK.
  • The value of Assets can go down as well as up. Customer and/or Recipient may get back less than the amount gifted. You acknowledge that all investments carry risk, and we are not responsible for any losses or gains arising from market fluctuations.
  • Any information or content on the Platform, including asset descriptions and market data, is for informational purposes only. While we use reasonable efforts to ensure accuracy, we do not warrant that the content is complete, reliable, or up to date. You should not rely on such information as the basis for any financial decision.

6. INDEMNITY

6.1 You agree to indemnify, defend, and hold harmless us, our directors, officers, employees, agents, and affiliates (the "Indemnified Parties") from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • your use of the Services in a manner not expressly permitted by these Terms;
  • any breach by you of these Terms or any applicable law or regulation;
  • any claims by a third party arising from your Customer Content, including but not limited to claims of intellectual property infringement or violation of privacy rights;
  • your negligence, wilful misconduct, or fraudulent activities; and
  • any claims brought by a recipient of a gift against Euda as a result of your actions.

6.2 This indemnity shall apply regardless of any negligence on the part of the Indemnified Parties, except where such losses are caused by our gross negligence, wilful misconduct, or fraud. You shall not settle any claim without our prior written consent.

7. CHANGES TO SERVICES AND TERMS

7.1 We may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance of the new terms.

8. FEES

8.1. The Gifting Service Fee is non-refundable, except as set out in our Terms of Purchase.

8.2. Assets:

  • Due to the volatile nature of the market, we do not offer refunds or returns on Assets based on a "change of mind" or a decrease in their market value after purchase;
  • You are entitled to a refund or replacement of an Asset in accordance with our Terms of Purchase if it is faulty, damaged, or not as described at the point of delivery provided you have notified us of any such issue within fourteen (14) days of delivery.

8.3. All payments must be made using a valid payment method accepted by our third-party payment provider. You warrant that you are the lawful holder of any payment method used and have the authority to complete the transaction.

8.4. All prices displayed on the Platform are inclusive of any applicable taxes unless otherwise stated. The Customer is responsible for any and all taxes, duties, and other government charges associated with the purchase and receipt of a gift.

9. EUDA WARRANTIES

9.1 We hereby warrant that:

  • the Services and Platform are provided with reasonable care and skill; and
  • physical assets (e.g., gold, silver) will match their description and be of satisfactory quality at the point of delivery

9.2 We do not warrant or guarantee the market value, appreciation or investment performance of any Asset featured on or purchased through the Platform.

9.3 Except as expressly stated in this section, all other warranties (express or implied) are excluded by us to the fullest extent permitted by law.

10. CUSTOMER REPRESENTATIONS AND WARRANTIES

10.1 You hereby warrant that:

  • you have the legal right and authority to enter into this Agreement and to use the Platform and Services in accordance with these Terms;
  • you shall only use the Platform and/ or Services in accordance with these Terms;
  • you shall not use the Platform and / or Services for any unlawful purpose, including but not limited to fraud, money laundering, terrorism financing, or sale of illegal goods or services;
  • all information you provide to us (including Recipient details) is true, accurate, complete, and suitable for us to provide the Services to you in accordance with these Terms;
  • you are the lawful holder of any payment method used and have authorisation to complete the transaction;
  • you are responsible for ensuring compliance with all applicable tax laws, gift duties, and financial regulations in the relevant jurisdiction;
  • you understand that the value of investment assets may fluctuate, and we do not guarantee financial performance.

11. LIMITATION OF LIABILITY

11.1 Our total liability under these Terms shall not exceed five hundred pounds (£500).

11.2 Notwithstanding anything to the contrary herein, we do not limit liability for death, personal injury, or fraud.

11.3. We are not responsible for losses arising from asset price fluctuations, shipping delays beyond our control, or technical outages.

12. INTELLECTUAL PROPERTY

12.1 All intellectual property rights in the Platform, Services and Materials ("Euda IP") are owned by or licensed to Euda. Customers are granted a limited, non-exclusive, non-transferable licence to access and use the Platform solely for the Permitted Purpose, in accordance with these Terms.

12.2 Customers must not copy, reproduce, modify, distribute, display, or create derivative works from any Euda IP, nor use any Euda trademarks without prior written consent. Reverse engineering, scraping, or any unauthorised commercial use of the Platform and / or Service is strictly prohibited.

12.3 Customers retain ownership of all Customer Content they submit or upload to the Platform. By providing Customer Content, Customers grant Euda a worldwide, royalty-free, non-exclusive, transferable licence to host, store, display, process, and use such Customer Content solely for the purposes of operating, improving, and delivering the Platform and Services.

12.4 Customers warrant that they have the necessary rights to submit Customer Content and that such content does not infringe the rights of any third party, violate applicable law, or breach these Terms. Euda reserves the right to review, remove, or block any Customer Content that, in its sole discretion, violates these Terms or may cause harm to the Platform, its users, or third parties.

12.5 The Platform and /or Services may include or rely on third-party materials (including APIs, Shopify, Stripe, logistics providers, and market data feeds). All rights in such third-party materials remain with the respective owners, and Customers must not use them beyond the scope permitted by those third parties.

13. CONFIDENTIALITY

13.1 Each party shall:

  • keep the other party's Confidential Information secure and treat it with at least the same degree of care it uses to protect its own confidential information (and never less than a reasonable degree of care);
  • not disclose the other party's Confidential Information to any third party except as necessary for the provision of the Services or as required by law, regulation, or court order;
  • use the other party's Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms.

13.2. Confidential Information does not include information that:

  • is or becomes publicly available through no fault of the receiving party;
  • was lawfully known to the receiving party prior to disclosure;
  • is lawfully disclosed to the receiving party by a third party without restriction; or
  • is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

14. TERMINATION

14.1 We may suspend or terminate a Customer's access to the Services, and/or cancel any pending orders, with immediate effect if:

  • the Customer breaches these Terms;
  • fraudulent, illegal, or harmful activity is detected or suspected (including but not limited to fraud, money laundering, or terrorism financing);
  • the Customer provides false or misleading information, including but not limited to inaccurate recipient details;
  • the Customer uploads or submits content that is unlawful, offensive, or infringes third-party rights; or
  • continued use of the Services by the Customer may pose a security, reputational, or legal risk to us, our partners, or other customers.

14.2 Termination of an account does not affect the validity of any completed purchase, except where such purchase was made in breach of these Terms or by fraudulent means, in which case Euda reserves the right to cancel or reverse the transaction subject to applicable law.

14.3 Customers may terminate their own account at any time. Deletion of an account does not automatically delete data where retention is required for legal, regulatory, or accounting purposes.

15. DATA PROTECTION AND PRIVACY

15.1 Customer and recipient data will be collected and processed in accordance with our Privacy Policy.

15.2 Privacy-related enquiries should be directed to info@gifteuda.com

16. COMPLIANCE WITH AML/KYC OBLIGATIONS

16.1 Euda complies with the UK Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 and other applicable laws.

16.2 We may conduct customer due diligence checks on all purchases, including collecting and verifying your name, billing address, email address, and payment details.

16.3 If your activity triggers our Red Flagging Rules (defined below), we may request additional documentation (e.g., government-issued photo ID, proof of address, or evidence of source of funds).

16.4 Transaction Monitoring and Red Flagging Rules:

Our system will continuously monitor Customer activity for patterns that may indicate a higher risk of financial crime. The following automated rules are in place to flag Customer accounts for a manual review by our Compliance Officer:

  • The total cumulative value of a Customer's orders reaches £8,500 but we reserve the right to apply lower thresholds at our own discretion;
  • A single Customer makes more than five (5) separate transactions within a ninety (90) day period, where each transaction is of a similar value;
  • Mismatched Details: The name and address on the payment method do not match the Customer's registered details;
  • The Customer exhibits unusual urgency or a lack of concern for the value of the product being purchased; or
  • Any Customer who provides vague or incomplete information during the checkout process or in subsequent communication.

16.5 Enhanced Due Diligence (EDD):

If a Customer is flagged by our system, we will perform Enhanced Due Diligence (EDD) before fulfilling any further orders. This will involve contacting the Customer to request additional documentation to verify their identity and the source of funds, such as:

  • A clear copy of a valid photo ID (e.g., passport or driving license).
  • Proof of address (e.g., a utility bill or bank statement from the last three months).

16.6 Reporting:

If after permorning EDD (as described above) we have a reasonable suspicion of money laundering or a related offense, our Compliance Officer will file a Suspicious Activity Report (SAR) with the National Crime Agency (NCA) and will not proceed with the transaction. All transaction records and Customer information will be retained for a minimum of five (5) years after the business relationship has ended.

16.7 You acknowledge that we may decline or cancel any order, suspend your account, or terminate your access to the Platform if you fail to comply with these obligations or if we suspect illegal or fraudulent activity.

17. GOVERNING LAW

17.1 These Terms are governed by the laws of England and Wales.

17.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3 Euda may, solely at our own discretion, require mediation or arbitration before litigation in certain cases.

18. CONTACT

Giftivest LTD
128, City Road, London, EC1V 2NX, United Kingdom
Email: info@gifteuda.com
Website: https://www.gifteuda.com