1. About These Terms

These Terms of Service (“Terms”) govern your use of the CrackTheGift website and services (“Service”), operated by Crack The Gift Ltd (“we”, “us”, “our”), an Irish-registered company contactable at crackthegift.info@gmail.com.

By using our Service or making a purchase, you agree to these Terms. If you do not agree, please do not use the Service. These Terms are governed by the laws of Ireland.

These Terms do not affect your statutory rights as a consumer under Irish and EU law, including the Consumer Rights Act 2022, the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001, and EU Directive 2011/83/EU on consumer rights.

2. The Service

CrackTheGift allows you to create personalised, interactive puzzle games (such as word games, crosswords, and arcade games) to share as digital gifts. You customise a game with your own content, pay a one-time fee, and receive a shareable link to send to the recipient.

The Service is intended for users aged 18 or over. If you are under 18, you must have permission from a parent or guardian to use the Service.

3. Account and Orders

You do not need to create an account to use the Service. When you complete a purchase, you enter into a contract with us. You are responsible for ensuring that the details you provide (including any email address) are accurate and up to date.

We reserve the right to refuse or cancel any order at our discretion, for example if we suspect fraudulent activity or a breach of these Terms. In such cases, any amount charged will be refunded.

4. Pricing and Payment

All prices are displayed in Euro (€) and include any applicable Value Added Tax (VAT) at the prevailing Irish rate. Payments are processed securely by Stripe. We do not store your payment card details.

Prices may change at any time. The price applicable to your order is the price displayed at the time you complete checkout.

5. Right of Withdrawal and Refunds

Under EU Directive 2011/83/EU and the Consumer Rights Act 2022, consumers ordinarily have a 14-day right of withdrawal from distance contracts. However, this right does not apply to:

• Digital content not supplied on a tangible medium where performance has begun with your prior express consent and acknowledgement that you lose your right of withdrawal once the content is delivered (Art. 16(m) of Directive 2011/83/EU).

By completing your purchase and requesting immediate access to your customised game, you expressly consent to the immediate performance of the contract and acknowledge that you will lose your right of withdrawal once the game is made available to you.

Notwithstanding the above, if there is a fault with the digital content we supply — meaning it does not conform to the contract — you are entitled to a remedy under the Consumer Rights Act 2022, which may include repair, replacement, or a price reduction or full refund. Please contact us at crackthegift.info@gmail.com if you experience a problem with your game.

6. Your Content

You retain ownership of any content you submit when customising a game, including text, images, and messages (“Your Content”). By submitting content, you grant us a limited, non-exclusive licence to store, process, and display Your Content solely to provide the Service.

You agree that Your Content will not:

• Infringe any third party’s intellectual property rights
• Be unlawful, defamatory, harassing, obscene, or threatening
• Contain viruses or malicious code
• Violate any applicable law, including Irish or EU law
• Contain personal data of third parties without their consent

We reserve the right to remove any content that breaches these Terms, without notice and without liability to you. You are solely responsible for Your Content and any consequences of sharing it.

7. Intellectual Property

All intellectual property rights in the Service, including the website design, software, game mechanics, graphics, and branding, are owned by or licensed to CrackTheGift. Nothing in these Terms grants you any right to use our intellectual property except as necessary to use the Service for its intended purpose.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to our systems or another user’s game
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools to scrape, index, or interact with the Service without our prior written consent
• Resell or sublicense access to the Service without our authorisation

9. Availability and Changes to the Service

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may suspend or withdraw the Service, or any part of it, at any time for operational, technical, or legal reasons. Where practicable, we will give reasonable notice of planned downtime.

We may update or change the features of the Service from time to time. Material changes that affect your purchased game will be communicated to you where we hold your contact details.

10. Limitation of Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law under the Consumer Rights Act 2022 or other applicable Irish or EU law.

Subject to the above, and to the fullest extent permitted by law, our total liability to you arising out of or in connection with these Terms or your use of the Service shall not exceed the amount you paid for the relevant order.

We are not liable for any loss or damage caused by: events outside our reasonable control; your failure to comply with these Terms; content submitted by you; or any indirect or consequential loss.

11. Links to Third-Party Sites

Our Service may contain links to third-party websites. We have no control over those sites and accept no responsibility for their content or practices. Visiting linked sites is at your own risk.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Ireland. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts, without prejudice to your rights as a consumer to bring proceedings in your country of residence within the EU.

If you have a complaint, please contact us first at crackthegift.info@gmail.com. We will endeavour to resolve disputes informally. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms on this page with an updated date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. For material changes, we will endeavour to provide reasonable notice.

14. Contact Us

For any questions about these Terms, please contact us at: crackthegift.info@gmail.com