Terms of Service

Last updated: April 27, 2026

Effective date: April 27, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE BUYYA PLATFORM. BY CREATING AN ACCOUNT, CHECKING THE AGREEMENT BOX AT SIGN-UP, DOWNLOADING OR INSTALLING THE BUYYA MOBILE APPLICATION, OR OTHERWISE ACCESSING OR USING ANY PART OF THE PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE PLATFORM.

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Tanner Sherman, doing business as Buyya (“Buyya,” “we,” “us,” or “our”), an individual sole proprietor operating under the laws of the State of Nebraska, governing your access to and use of the Buyya mobile application, the website at giftd.vercel.app, and all related services, features, content, and functionality (collectively, the “Platform”).

1. Definitions

The following capitalized terms have the meanings set forth below wherever they appear in these Terms:

• “Consumer” means any individual who downloads the Buyya mobile application and uses it to receive, claim, or redeem Gifts.
• “Sponsor” means any business, professional, or individual who registers on the Platform for the purpose of funding gift campaigns to generate leads or introductions with Consumers.
• “Vendor” means any local merchant, restaurant, coffee shop, retailer, or other business that participates on the Platform as a location at which Consumers redeem Gifts.
• “Gift” means a prepaid item, product, or experience (including but not limited to coffee, food, flowers, or other goods) offered by a Sponsor at a Vendor, available for claim and redemption by eligible Consumers through the Buyya application.
• “Wallet” means a prepaid credit balance maintained by Buyya on behalf of a Sponsor, denominated in United States dollars, used exclusively to fund gift campaigns on the Platform.
• “Wallet Load”means any payment made by a Sponsor to add funds to their Wallet, processed through the Platform's payment infrastructure.
• “Intersection Lock”or “Lock” means the exclusive right, purchased by a Sponsor via the Lock Fee, to be the sole Sponsor operating gift campaigns at a specific geographic intersection for the duration of a Lock Period.
• “Lock Fee” means the one-time fee of $197 (U.S. dollars) paid by a Sponsor to secure an Intersection Lock at a single intersection for the Initial Lock Period.
• “Initial Lock Period” means the ninety (90) calendar day period beginning on the date the Intersection Lock is confirmed following payment of the Lock Fee.
• “Renewal Period” means each subsequent ninety (90) calendar day period following the Initial Lock Period, during which the Intersection Lock automatically renews subject to these Terms.
• “Campaign” means an active configuration by a Sponsor specifying a Gift item, gift price, associated Vendor, and Wallet funding sufficient to fulfill at least one Gift redemption.
• “Redemption” means the in-person exchange at a Vendor location by which a Consumer presents a valid claimed Gift and the Vendor provides the Gift item to the Consumer.
• “Platform Content” means all software, source code, object code, algorithms, data structures, interfaces, databases, text, graphics, logos, icons, images, audio, video, trade dress, and other materials contained in or accessible through the Platform, excluding User Content.
• “User Content” means any content, data, text, images, or other materials submitted by a User to the Platform, including but not limited to Sponsor business descriptions, profile images, and messages.
• “Claim” means the act by a Consumer of reserving a specific Gift in the Buyya application, triggering the reservation of corresponding Wallet funds.
• “Claim Window” means the twenty-four (24) hour period following a Claim during which the Consumer must complete a Redemption or the Gift expires.
• “Geofence” means the virtual geographic boundary, defined by Buyya at its sole discretion, surrounding a Vendor location within which Consumer devices may receive Gift notifications.
• “Magic Link”means the authentication URL generated by Buyya and delivered to a Sponsor's registered email address that grants access to the Sponsor dashboard without a traditional password.
• “Dispute” means any claim, cause of action, controversy, or disagreement between you and Buyya arising out of or relating to these Terms, the Platform, or any transaction conducted through the Platform.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least thirteen (13) years of age to use the Platform as a Consumer. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher, to register as a Sponsor or Vendor, to make any payment through the Platform, or to enter into any binding agreement on behalf of a business. By using the Platform you represent and warrant that you meet the applicable age requirement.

2.2 Legal Capacity

By using the Platform you represent and warrant that: (a) you have the full legal right, power, and authority to enter into these Terms and to perform your obligations hereunder; (b) if you are registering on behalf of a business entity, you are duly authorized to bind that entity to these Terms; (c) your use of the Platform does not violate any applicable law, regulation, court order, or agreement to which you are a party; and (d) you are not a person or entity barred from receiving services under the laws of the United States or any other applicable jurisdiction.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update that information promptly as it changes. Buyya reserves the right to suspend or terminate any account that contains false, inaccurate, or misleading information. Buyya shall bear no liability for any harm or loss arising from your failure to maintain accurate account information.

2.4 Account Security

You are solely responsible for maintaining the confidentiality and security of your access credentials, including Magic Links, dashboard URLs containing authentication tokens, and any passwords associated with third-party services connected to your account. You agree to notify Buyya immediately at buyya.reviewer@gmail.com if you become aware of any unauthorized access to or use of your account. Buyya shall not be liable for any loss, damage, or expense arising from unauthorized access to your account that results from your failure to maintain adequate security over your credentials. Any activity conducted through your account will be deemed to have been authorized by you unless you have previously notified Buyya of a compromise.

2.5 One Account Per User

You may maintain only one active Sponsor account per email address. Creating multiple accounts to circumvent restrictions, claim promotional offers multiple times, or otherwise abuse the Platform is a material breach of these Terms and may result in immediate termination of all associated accounts without refund.

3. Description of the Platform

3.1 Overview

Buyya is a geo-fenced lead generation and gifting marketplace that connects local professionals (Sponsors) with nearby individuals (Consumers) through the medium of complimentary gifts redeemable at participating local merchants (Vendors). When a Consumer's mobile device enters a Geofence surrounding a participating Vendor, the Buyya application may deliver a push notification informing the Consumer that a nearby Sponsor has funded a complimentary Gift at that Vendor. The Consumer may claim the Gift in the application, redeem it in person at the Vendor within the Claim Window, and as a result of that interaction the Sponsor receives the Consumer's contact information and the right to send one introductory message through the Buyya CRM.

3.2 Buyya as Marketplace Intermediary

Buyya operates solely as a technology marketplace and payment intermediary. Buyya is not a party to any transaction between a Sponsor and a Consumer, nor between a Sponsor and a Vendor, nor between a Consumer and a Vendor. Buyya does not manufacture, prepare, handle, or deliver any Gift. Buyya makes no representations regarding the quality, safety, fitness for purpose, or legality of any Gift, the reliability of any Vendor, the conversion rate of any lead, or the commercial success of any Campaign. All risk associated with the actual provision and receipt of Gifts rests solely with the Vendors and Consumers involved in that exchange.

3.3 No Guarantee of Results

Buyya makes no guarantee, express or implied, regarding the number of Consumers who will receive notifications at any given intersection, the number of Claims, Redemptions, or lead responses generated by any Campaign, or the commercial value of any introduction facilitated through the Platform. Consumer behavior, network conditions, device settings, geographic density, and market saturation are all variables outside Buyya's control. Sponsor's decision to purchase Wallet credits or an Intersection Lock is made at Sponsor's sole risk.

4. Gift Terms

4.1 Non-Transferability and No Cash Value

Gifts are personal to the Consumer who claimed them and are non-transferable. Gifts have no cash value, cannot be exchanged for currency, cannot be sold, bartered, or transferred to any other person, and are not redeemable for cash, check, or credit outside the Platform.

4.2 Claim Window and Expiration

A Gift that is Claimed but not Redeemed within twenty-four (24) hours of the Claim timestamp shall automatically expire. Upon expiration: (a) the Consumer permanently forfeits the Gift and all rights associated with it; (b) the Wallet funds reserved at the time of Claim are permanently retained by Buyya; and (c) Buyya shall have no obligation to refund, credit, or otherwise compensate the Sponsor for the forfeited Wallet funds. By using the Platform and funding a Wallet, Sponsors expressly and irrevocably acknowledge and agree to this expiration and retention policy as a fundamental, non-negotiable term of the commercial arrangement between the Sponsor and Buyya. This policy reflects Buyya's costs associated with platform operations, infrastructure, geofencing services, notification delivery, and administrative overhead incurred at or before the time of Claim, regardless of whether a Redemption occurs.

4.3 Consumer Claim Limits

Consumers may claim no more than three (3) Gifts per calendar day across the entire Platform and no more than one (1) Gift per intersection per calendar day. Buyya reserves the right to modify these limits at any time. Buyya further reserves the right, in its sole and absolute discretion, to throttle Gift notifications, reduce Claim limits, or permanently ban any Consumer who exhibits conduct indicative of abuse, including but not limited to repeatedly claiming Gifts without completing Redemptions, circumventing Geofence requirements, or manipulating location data.

4.4 Vendor Responsibility for Gifts

All physical Gifts are the responsibility of the applicable Vendor. Buyya does not inspect, certify, or take custody of any Gift at any time. Any dispute regarding the quality, quantity, description, fitness, or safety of a Gift must be resolved directly between the Consumer and the Vendor. Buyya shall bear no liability whatsoever for any harm, injury, illness, property damage, or other loss arising from any Gift provided by a Vendor.

5. Sponsor Wallet and Payment Terms

5.1 Wallet Loading and Processing

Sponsors may load funds into their Wallet by selecting a funding tier on the Platform dashboard and completing payment through Stripe, Inc., Buyya's third-party payment processor. By making a Wallet Load you agree to Stripe's terms of service in addition to these Terms. Buyya is not responsible for errors, delays, or failures caused by Stripe or any other payment processor, financial institution, or network provider. All Wallet Loads are denominated in United States dollars.

5.2 Absolute Non-Refundability of Wallet Loads

ALL WALLET LOADS ARE FINAL AND NON-REFUNDABLE IN ALL CIRCUMSTANCES ONCE THE PAYMENT HAS BEEN PROCESSED AND CONFIRMED. By completing a Wallet Load you acknowledge and irrevocably agree that:

• You are purchasing prepaid platform credits, not a product or service with a right of return;
• No refund will be issued for any unused Wallet balance under any circumstances, including but not limited to your dissatisfaction with Campaign results, lead quality or conversion rate, changes in your business, voluntary account closure, involuntary account termination, Platform downtime, or any other reason whatsoever;
• Unused Wallet balances remaining at the time of account termination, whether voluntary or involuntary, are permanently forfeited and retained by Buyya;
• Wallet credits have no monetary value outside the Platform and cannot be transferred to another account.

The sole exception to this section is a confirmed duplicate charge caused by a verified technical error by Buyya. In that event, Sponsor must notify Buyya at buyya.reviewer@gmail.com within seven (7) calendar days of the charge. Buyya will investigate and, if a duplicate charge is confirmed, will correct the error by crediting the Wallet or issuing a refund at Buyya's discretion. Chargebacks, payment reversals, or disputes filed with a financial institution or payment processor without first contacting Buyya and allowing a minimum of five (5) business days for resolution constitute a material breach of these Terms and may result in immediate account termination, forfeiture of any remaining Wallet balance, and Buyya's pursuit of all available legal remedies.

5.3 Expired and Unclaimed Gift Funds — Buyya Retention Policy

When a Consumer Claims a Gift, Buyya reserves the corresponding Wallet funds equal to the gift price specified in the active Campaign. Reserved funds are no longer available for other Campaigns during the Claim Window. If the Consumer does not complete a Redemption within the Claim Window and the Gift expires, the reserved funds are permanently retained by Buyya as compensation for platform services rendered and costs incurred in connection with the notification delivery, geofencing operation, and gift management infrastructure. Sponsors have no right, title, or claim to reimbursement or credit for funds retained upon Gift expiration. THIS POLICY IS A MATERIAL, ESSENTIAL TERM OF THE AGREEMENT BETWEEN SPONSOR AND BUYYA AND IS ACCEPTED BY SPONSOR AS A CONDITION OF PLATFORM ACCESS.

5.4 Intersection Lock Fee

5.4.1 What the Lock Fee Provides

Payment of the Lock Fee of $197 (U.S. dollars) grants the Sponsor the exclusive right to operate gift Campaigns at a single, Sponsor-selected geographic intersection for the Initial Lock Period of ninety (90) calendar days from the date the lock is confirmed. During the lock period, no other Sponsor may operate Campaigns at that intersection. The Lock Fee is a fee for exclusivity rights and operational infrastructure provisioning and does not include any Wallet credits. Wallet funds must be loaded separately.

5.4.2 Absolute Non-Refundability of Lock Fee

THE LOCK FEE IS NON-REFUNDABLE UNDER ALL CIRCUMSTANCES WITHOUT EXCEPTION. By paying the Lock Fee you acknowledge and irrevocably agree that:

• No refund of the Lock Fee will be issued for any reason, including but not limited to: dissatisfaction with Consumer traffic at the intersection, change of business address or territory, business closure, withdrawal from the Buyya platform, disagreement with these Terms, technical difficulties unrelated to Buyya, acts of God, force majeure events, or any other cause;
• The Lock Fee compensates Buyya for the opportunity cost of removing the intersection from availability to other Sponsors for the duration of the lock period, as well as for administrative and infrastructure costs associated with provisioning the lock;
• The Lock Fee is separate from and in addition to any Wallet funds required to run Campaigns during the lock period.

5.4.3 Automatic Renewal

Upon expiration of the Initial Lock Period, and upon expiration of each Renewal Period thereafter, the Intersection Lock will automatically renew for a successive Renewal Period of ninety (90) calendar days unless the Sponsor cancels the lock via the dashboard prior to the renewal date. Buyya will use reasonable efforts to send a renewal reminder email to the Sponsor's registered email address no fewer than seven (7) calendar days prior to each renewal date. Failure by Buyya to deliver such reminder shall not relieve Sponsor of the obligation to cancel prior to renewal. Renewal charges are processed at the rate in effect at the time of renewal.

5.4.4 Forfeiture for Inactivity

An Intersection Lock shall be automatically released, and the Lock Fee shall be permanently forfeited without refund, upon the occurrence of any of the following:

• The Sponsor's Wallet balance reaches zero and is not replenished to a balance sufficient to fund at least one (1) Gift within seven (7) calendar days;
• The Sponsor has no active Campaign running at the locked intersection for fourteen (14) or more consecutive calendar days, regardless of Wallet balance;
• The Sponsor's account is suspended or terminated by Buyya for any reason; or
• The Sponsor voluntarily cancels the lock or closes the account.

Upon forfeiture, the intersection is immediately released and made available to other Sponsors. Buyya will use reasonable efforts to provide advance written notice by email before releasing a lock for inactivity, but Buyya bears no liability for any failure to provide such notice and Sponsor's lock remains subject to forfeiture regardless of whether notice was received.

5.4.5 Intersection Exclusivity Scope

An Intersection Lock grants exclusivity at one (1) specific geographic intersection only. The lock does not extend to any adjacent intersections, nearby streets, the Vendor's physical premises, or any other geographic area. Only one Sponsor may hold an active Intersection Lock at any given intersection at any time. Locks are granted on a first-come, first-served basis. Buyya does not guarantee that any particular intersection will remain available at the time a Sponsor attempts to lock it.

5.5 Pricing Changes

Buyya reserves the right to modify the Lock Fee, Wallet Load tiers, renewal fees, and any other pricing at any time with thirty (30) days advance notice to active Sponsors via email. Price changes will not apply retroactively to locks already in effect but will apply upon the next renewal.

5.6 Taxes

Sponsor is solely responsible for determining, collecting, reporting, and remitting any taxes, levies, or duties applicable to their use of the Platform, their business activities, or any payments made to or received through the Platform. Buyya makes no representation regarding the tax treatment of any transaction and shall not be responsible for any tax liability arising from Sponsor's use of the Platform.

6. Vendor Terms

6.1 Reimbursement

Vendors will be reimbursed by Buyya for each valid, in-person Redemption at the gift price specified in the active Campaign at the time of Redemption. During the beta phase of the Platform, reimbursement is processed manually on a weekly basis via Zelle, Venmo, ACH, or such other method as agreed between Buyya and the Vendor. Buyya reserves the right to transition to an automated payment mechanism at any time upon providing thirty (30) days advance notice to active Vendors. Reimbursement is contingent on Vendor providing accurate redemption records and cooperating with any verification process required by Buyya.

6.2 Vendor Obligations

Vendors must: (a) honor all valid Redemption codes presented by Consumers in good faith during the Campaign period; (b) maintain sufficient inventory to fulfill Gifts at the frequency specified in active Campaigns; (c) not charge Consumers any amount in connection with a Gift Redemption; (d) accurately mark Gifts as redeemed in the Platform at or before the time of the physical exchange; and (e) cooperate with Buyya's reasonable audit and verification requests.

6.3 Vendor Prohibited Conduct

Vendors are strictly prohibited from: (a) marking Gifts as redeemed without actually providing them to the Consumer; (b) providing materially inferior, expired, or unsafe items in fulfillment of a Gift; (c) charging Consumers fees, tips, or any other amounts as a condition of Gift Redemption; (d) sharing Consumer information with third parties; or (e) using the Platform for any fraudulent or deceptive purpose. Violation of this section constitutes a material breach of these Terms and will result in immediate removal from the Platform, forfeiture of all pending reimbursements, and may subject the Vendor to civil liability to Buyya and to affected Consumers.

6.4 Preferred Vendor Placements

Preferred Vendor placement fees, if any, are non-refundable after activation. Buyya may remove a Vendor from preferred placement status at any time for violations of these Terms, Consumer complaints, or quality concerns without refund.

7. Messaging Rules and CRM

7.1 Sponsor Messaging Rights

Upon a successful Redemption, the Sponsor receives the Consumer's first name and phone number and the right to send one (1) introductory message to the Consumer through the Buyya in-app messaging interface. This introductory message must be professional, relevant to the Sponsor's stated business category, and must not constitute spam, harassment, solicitation of personal information, or any prohibited content as described in Section 7.3 below.

7.2 Messaging After Response

Free-form messaging between a Sponsor and a Consumer is unlocked only after the Consumer sends a reply to the Sponsor's introductory message. If no reply is received, the Sponsor may send one (1) additional follow-up introductory message per redemption per thirty (30) calendar day period. All messages are subject to review, moderation, and removal by Buyya at any time without notice.

7.3 Prohibited Message Content

The following content is strictly prohibited in all messages sent through the Platform:

• Unsolicited commercial solicitations unrelated to the Sponsor's stated professional category;
• Spam, bulk messaging, or automated or scripted communications;
• Harassment, threats, intimidation, or abusive language;
• Discrimination on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, or any other protected class;
• Sexually explicit, obscene, or pornographic content;
• False, fraudulent, or materially misleading representations about the Sponsor's business, qualifications, services, or pricing;
• Requests for sensitive personal information including Social Security numbers, bank account information, or government identification numbers;
• Content that violates any applicable federal, state, or local law, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and applicable state consumer protection statutes;
• Any content that impersonates any person or entity or misrepresents the Sponsor's affiliation with any person or entity.

7.4 Message Moderation and Flagging

Consumers may flag any message for review by Buyya at any time. Buyya reserves the right, but not the obligation, to review, delay, remove, or block any message in its sole discretion. Buyya's failure to remove any particular message shall not be construed as an endorsement of its content or a waiver of Buyya's right to remove it at a later time. Buyya shall not be liable to any User for the content of messages sent by other Users through the Platform.

8. Consumer Location Data and Privacy

8.1 Location Permission Requirement

The Buyya Consumer application requires access to the Consumer's precise device location, including background location access, in order to detect proximity to active Geofences and deliver Gift notifications. By granting location permissions to the Buyya application, you consent to the continuous collection, processing, and use of your precise geolocation data while the application is installed and location permissions are active.

8.2 Use of Location Data

Buyya uses Consumer location data exclusively for the following purposes:

• Detecting when a Consumer's device enters or exits a Geofence associated with an active Campaign;
• Delivering push notifications regarding available Gifts near the Consumer's location;
• Recording zone-entry events for Campaign attribution and analytics;
• Improving the accuracy and reliability of the Geofencing system.

8.3 Restrictions on Location Data Use

Buyya does not sell Consumer precise location data to third parties. Buyya does not share Consumer precise location data with Sponsors. Buyya does not use Consumer location data for third-party advertising profiling. Sponsors receive notification that a Consumer in their geofenced area has claimed a Gift but are never provided with the Consumer's specific geographic coordinates.

8.4 Revoking Location Permissions

Consumers may revoke location permissions at any time through their device settings. Revoking background location permission will prevent the application from delivering Gift notifications when the application is not in the foreground. Revoking location permissions entirely will prevent the application from functioning as designed. Buyya is not responsible for missed Gift opportunities resulting from revoked location permissions.

8.5 Privacy Policy

Buyya's collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, available at giftd.vercel.app/privacy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy with respect to the processing of personal data, the Privacy Policy shall control.

9. Intellectual Property

9.1 Ownership of Platform Content

The Platform and all Platform Content, including all software, source code, object code, algorithms, databases, data compilations, interfaces, visual design, text, graphics, logos, icons, images, audio clips, and branding, are owned by Tanner Sherman d/b/a Buyya or Buyya's licensors and are protected by copyright, trademark, trade secret, patent, and other applicable intellectual property laws of the United States and other jurisdictions. All rights not expressly granted in these Terms are reserved.

9.2 License to Use the Platform

Subject to your compliance with these Terms, Buyya grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for its intended purpose as described herein. This license does not include any right to: (a) reproduce, distribute, publicly display, or create derivative works of any Platform Content; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component of the Platform; (c) use any data mining, scraping, crawling, or extraction tool on the Platform; or (d) remove, alter, or obscure any proprietary notice on the Platform.

9.3 User Content License

You retain ownership of User Content that you submit to the Platform. By submitting User Content, you grant Buyya a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, copy, store, display, transmit, modify, and create derivative works of your User Content solely to the extent necessary to operate, maintain, improve, and promote the Platform. You represent and warrant that you own or have all necessary rights to submit your User Content and that your User Content does not infringe any third-party intellectual property right, privacy right, or other right.

9.4 Feedback

If you provide any feedback, suggestions, or ideas regarding the Platform (“Feedback”), you hereby assign to Buyya all rights, title, and interest in and to such Feedback, and Buyya may use such Feedback without restriction or compensation to you.

10. Prohibited Uses

You agree that you will NOT, under any circumstances:

• Use the Platform for any purpose that is unlawful under any applicable federal, state, or local law or regulation;
• Register for an account using false, fraudulent, or misappropriated information, or impersonate any person or entity;
• Create multiple accounts to circumvent any Platform restriction, limitation, or ban;
• Use any automated system, bot, spider, scraper, or other non-human means to access or interact with the Platform;
• Attempt to probe, scan, penetration-test, or circumvent any security measure, rate limit, authentication system, or other protective feature of the Platform;
• Transmit viruses, malware, ransomware, or any other malicious or disruptive code through the Platform;
• Use or attempt to use another User's account, Magic Link, or authentication credentials without authorization;
• Attempt to reverse engineer, decompile, or extract source code from any component of the Platform;
• Circumvent or spoof location data, Geofence detection, or any other technical mechanism of the Platform;
• Harvest, scrape, or collect any User information from the Platform without express written consent from Buyya;
• Use the Platform to transmit unsolicited commercial communications in violation of any applicable anti-spam law;
• Harass, threaten, stalk, defame, or discriminate against any other User, Vendor, or Buyya employee;
• Use the Platform in any manner that could disable, overburden, damage, or impair Buyya's infrastructure or interfere with any other User's use;
• Use the Platform to facilitate money laundering, fraud, identity theft, or any other financial crime;
• Submit false redemption confirmations, fabricate Consumer interactions, or otherwise manipulate Platform data;
• Attempt to re-access the Platform or create a new account following account termination by Buyya.

11. Disclaimers of Warranties

THE PLATFORM, ALL PLATFORM CONTENT, AND ALL SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYYA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
• ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• ANY WARRANTY THAT THE PLATFORM WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, SECURE, TIMELY, ACCURATE, OR ERROR-FREE;
• ANY WARRANTY REGARDING THE RELIABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT, DATA, OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM;
• ANY WARRANTY THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED;
• ANY WARRANTY THAT PUSH NOTIFICATIONS WILL BE DELIVERED TO CONSUMERS IN ANY PARTICULAR TIME FRAME OR AT ALL;
• ANY WARRANTY REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY GIFT PROVIDED BY ANY VENDOR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANNER SHERMAN D/B/A BUYYA, NOR ANY OF HIS EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES;
• LOSS OF DATA, CONTENT, OR INFORMATION;
• LOSS OF GOODWILL OR BUSINESS REPUTATION;
• COST OF SUBSTITUTE SERVICES OR PROCUREMENT COSTS;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY HARM RESULTING FROM CONSUMPTION OR USE OF A GIFT PROVIDED BY A VENDOR;
• ANY HARM ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT;
• ANY HARM ARISING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT ON THE PLATFORM;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUYYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYYA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE GREATER OF:

• (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO BUYYA DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

12.3 Essential Basis

The limitations of liability in this Section 12 reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between you and Buyya. Buyya would not have provided the Platform to you absent these limitations.

13. Indemnification

13.1 Sponsor and Vendor Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tanner Sherman d/b/a Buyya and any employees, contractors, agents, licensors, and service providers acting on Buyya's behalf (collectively, the “Buyya Indemnitees”) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees and court costs) (“Losses”) arising out of or related to:

• Your access to or use of the Platform;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, local, or international law, regulation, or third-party right, including but not limited to any intellectual property right, privacy right, consumer protection right, or right of publicity;
• Any User Content you submit to the Platform, including any claim that your User Content infringes, misappropriates, or violates any third-party right;
• Any Gift you provide or fail to provide as a Vendor, including any consumer protection claim, product liability claim, personal injury claim, or property damage claim arising from a Gift;
• Any misleading, false, or unauthorized representation you make in connection with the Platform;
• Any unauthorized access to another User's account or data facilitated by your actions;
• Any Dispute between you and another User.

13.2 Indemnification Procedure

Buyya reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event you agree to cooperate with Buyya's defense of such claim. You shall not settle any claim subject to this indemnification provision without Buyya's prior written consent. Your indemnification obligations will survive the termination of these Terms and your use of the Platform.

14. Dispute Resolution, Binding Arbitration, and Class Action Waiver

14.1 Informal Resolution

Before initiating any formal Dispute resolution proceeding, you agree to contact Buyya at buyya.reviewer@gmail.com with a written description of the Dispute, the relief sought, and your contact information. The parties agree to attempt to resolve the Dispute informally for a period of thirty (30) calendar days from the date of receipt of such notice before either party may initiate formal proceedings. This informal resolution requirement is a condition precedent to arbitration or litigation.

14.2 Binding Arbitration

Subject to the exceptions set forth in Section 14.5, all Disputes that cannot be resolved informally pursuant to Section 14.1 shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, then in effect, except as modified by these Terms. The seat of arbitration shall be Douglas County, Nebraska. The arbitration shall be conducted in the English language. Judgment on any arbitration award may be entered in any court of competent jurisdiction. The arbitrator's decision shall be final and binding and shall not be subject to appeal except as permitted by the Federal Arbitration Act, 9 U.S.C. sections 1 et seq. (the “FAA”). You understand and agree that by agreeing to binding arbitration you are waiving your right to a trial by jury.

14.3 Arbitration Fees

The AAA's filing, administrative, and arbitrator fees will be allocated in accordance with the applicable AAA rules. If your claim does not exceed $10,000, Buyya will pay all such fees unless the arbitrator determines the claim is frivolous. For claims exceeding $10,000, fees shall be allocated pursuant to AAA rules.

14.4 Class Action Waiver

YOU AND BUYYA EACH EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE IN SECTION 14.2 SHALL BE NULL AND VOID WITH RESPECT TO THAT DISPUTE ONLY.

14.5 Exceptions to Arbitration

Notwithstanding Section 14.2, either party may seek emergency injunctive, temporary restraining order, or other provisional equitable relief from a court of competent jurisdiction in Douglas County, Nebraska, without first completing the informal resolution process, where necessary to prevent irreparable harm, including but not limited to: unauthorized use of Buyya's intellectual property, breach of confidentiality obligations, or violation of the Prohibited Uses in Section 10. Seeking provisional relief does not waive either party's right to arbitrate the underlying Dispute.

14.6 Time Limit on Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE. CLAIMS NOT FILED WITHIN THAT PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY APPLICABLE STATUTE OF LIMITATIONS.

14.7 Thirty-Day Right to Opt Out of Arbitration

You have the right to opt out of the binding arbitration and class action waiver provisions in Sections 14.2 through 14.5 by sending written notice of your decision to opt out to buyya.reviewer@gmail.com within thirty (30) days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, all Disputes shall be resolved exclusively in the state or federal courts located in Douglas County, Nebraska, and you and Buyya each irrevocably consent to the personal jurisdiction of those courts. Opting out of arbitration does not affect any other provision of these Terms. If you do not opt out within the thirty (30) day period, you will be bound by the arbitration and class action waiver provisions.

14.8 Mass Filing

If twenty-five (25) or more individuals represented by the same counsel or coordinating organization file arbitration demands raising substantially similar claims against Buyya within a ninety (90) day period, the AAA shall consolidate those demands into batches of up to fifty (50) claims per batch and resolve each batch as a single consolidated arbitration proceeding with one set of filing and administrative fees per side per batch. This provision does not authorize class or representative arbitration and does not alter the requirement that each claim be resolved on an individual basis.

15. Governing Law

These Terms and any Dispute arising out of or related to them or the Platform shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Nebraska. To the extent any court proceeding is permitted hereunder, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Douglas County, Nebraska, and waive any objection to the laying of venue of any such proceeding in those courts.

16. Account Suspension and Termination

16.1 Termination by Buyya

Buyya may, in its sole and absolute discretion and without prior notice or liability, suspend, restrict, or permanently terminate your account and your access to the Platform at any time for any reason, including but not limited to: violation of these Terms, conduct that Buyya determines is harmful to other Users or to the Platform, suspected fraud or criminal activity, extended inactivity, or any other reason Buyya deems appropriate.

16.2 Effect of Termination on Sponsors

Upon termination of a Sponsor's account, whether initiated by Buyya or by the Sponsor:

• All active Intersection Locks are immediately and irrevocably released, with no refund of any Lock Fee;
• All Wallet balances are immediately and irrevocably forfeited to Buyya, with no refund;
• All active Campaigns are immediately suspended;
• Buyya's obligation to reimburse Vendors for Redemptions that occurred prior to termination is not affected.

16.3 Termination by User

You may terminate your account at any time by contacting Buyya at buyya.reviewer@gmail.com or, for Consumer accounts, by using the in-app account deletion feature. Termination does not entitle you to any refund of Wallet balances, Lock Fees, or any other amounts paid to Buyya.

16.4 Consumer Account Deletion

Consumers may permanently delete their account and all associated personal data using the “Delete my account” feature on the Profile screen of the Buyya mobile application. Following deletion, Buyya will permanently remove the Consumer's name, phone number, email address, location history, gift history, and message history from Buyya's servers within thirty (30) calendar days. Sponsors who received Consumer contact information prior to the deletion request retain that information in accordance with their own privacy practices, and Buyya has no control over and bears no liability for such retention.

16.5 Survival

The following provisions shall survive termination of these Terms and your account for any reason: Section 1 (Definitions); Section 5.2 (Non-Refundability); Section 5.3 (Expired Gift Retention); Section 5.4.2 (Non-Refundability of Lock Fee); Section 9 (Intellectual Property); Section 11 (Disclaimers); Section 12 (Limitation of Liability); Section 13 (Indemnification); Section 14 (Dispute Resolution); Section 15 (Governing Law); and any other provisions that by their nature should survive.

17. General Provisions

17.1 Entire Agreement

These Terms, together with Buyya's Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Buyya with respect to the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between the parties with respect to the subject matter hereof, whether oral or written.

17.2 Amendments

Buyya reserves the right to modify these Terms at any time. If Buyya makes a material modification, Buyya will make reasonable efforts to provide notice to active Users via email or prominent notice on the Platform at least seven (7) calendar days before the modification becomes effective. For non-material modifications, changes take effect immediately upon posting. The “Last updated” date at the top of these Terms will reflect the date of the most recent change. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Platform and terminate your account.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

17.4 Waiver

No waiver by Buyya of any right or remedy under these Terms shall be effective unless made in writing and signed by an authorized representative of Buyya. No failure or delay by Buyya in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof.

17.5 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without Buyya's prior written consent. Any purported assignment without such consent is null and void. Buyya may assign these Terms or any rights or obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or operation of law. These Terms shall be binding on and inure to the benefit of the parties and their respective permitted assigns and successors.

17.6 Force Majeure

Buyya shall not be liable for any failure or delay in performance resulting from causes outside Buyya's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government action, labor disputes, power outages, internet or telecommunications failures, or failures of third-party service providers (including payment processors and cloud hosting providers). In such events, Buyya's obligations are suspended for the duration of the force majeure event.

17.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted assigns and successors. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

17.8 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

17.9 Electronic Agreement

You agree that these Terms and any other agreements, notices, or disclosures provided to you in connection with the Platform may be provided in electronic form. Your electronic acceptance of these Terms is legally equivalent to a handwritten signature and constitutes your binding agreement to these Terms.

18. Contact Information

Tanner Sherman d/b/a Buyya
Gretna, Nebraska, United States
Email: buyya.reviewer@gmail.com
Website: giftd.vercel.app

For legal notices, please send written correspondence to the email address above with the subject line “Legal Notice.”

© 2026 Tanner Sherman d/b/a Buyya. All rights reserved.