1. Scope

(1) These Terms & Conditions ("AGB") govern the use of the online platform Guilted ("Service"), available as a web application and operated by:

(2) Guilted provides a service where users submit information about another person (e.g., friend, partner, family member) through a structured form. Based on this input, the system generates personalized gift ideas using AI models provided by third-party vendors (e.g., OpenAI, Anthropic, others).

(3) The Service may also contain affiliate links to third-party products. If users purchase items through these links, the Provider may receive a commission at no additional cost to the user.

(4) Deviating user terms do not apply.

2. Services Provided

(1) The Service offers:

• A form-based interface for submitting details about a recipient
• AI-generated, personalized gift recommendations
• Optional product suggestions via affiliate links
• Optional premium features (if implemented)

(2) Gift ideas are suggestions only. The Provider does not guarantee accuracy, personal suitability, delivery, or availability of any recommended items.

(3) Third-party links (affiliate or not) are outside our responsibility (§§ 7–10 TMG-nachfolge).

3. Account Creation & Registration

(1) When users enter their email address into the application, an account is automatically created in the background to store user preferences and generated ideas.

(2) The user consents to:

• Storage of their email and form inputs
• Account creation for the purpose of using the service

(3) Additional optional features (saved lists, history, premium access) may require explicit registration steps later.

(4) Accounts can be deleted by contacting the Provider or via any provided account deletion interface.

4. User Input & Content

(1) Users submit information about another person ("gift recipient").

Users are responsible for ensuring they do not share:

• Sensitive personal data (health, religion, political beliefs, sexual life)
• Illegal or harmful content
• Personal data without having the right or permission to share it

(2) The Provider may anonymize or aggregate submitted data for service improvement.

5. Intellectual Property

(1) All platform content (UI, text, code, prompts, design) is protected under UrhG.

(2) Users receive a non-transferable, non-commercial license for private use.

6. Affiliate Links

(1) Some gift suggestions may include links to external online shops (e.g., Amazon, Etsy, local retailers).

(2) We may earn commissions ("Affiliate Revenue") when users make purchases.

(3) Prices and availability are provided by third parties — we assume no liability.

7. Pricing & Payment (for Premium Features)

If paid features exist, payments are processed through:

• Stripe
• PayPal
• Klarna
• And potentially other payment processors

The Provider never stores payment data directly; processing occurs through certified payment providers (PCI-DSS compliant).

8. AI-Generated Content Disclaimer

(1) Gift ideas are generated using third-party AI services (OpenAI, Anthropic, others).

(2) Users acknowledge that:

• AI suggestions may be inaccurate or inappropriate
• No guarantee or professional advice is provided
• The Provider is not liable for AI output errors (except in cases of gross negligence)

9. Liability

(1) Liability applies only for:

• Intent
• Gross negligence
• Injury to life, body, or health

(2) No liability for:

• AI-generated output
• Unavailability of third-party products
• Damages from reliance on affiliate links
• Data loss unless caused by gross negligence

10. Termination

Users may request account deletion anytime.

We may suspend accounts in case of abuse.

11. Amendments

We may update terms for legal or technical reasons and will notify users accordingly.

1. Controller

2. Personal Data Processed

2.1. Data directly provided by users

• Email address (creates backend account automatically)
• Form inputs describing the gift recipient
• Saved ideas, selections, histories (if available)

2.2. Automatically collected data

• Browser/device information
• IP address (shortened/anonymized)
• Usage events

2.3. Cookies / Tracking (after consent)

We use:

• PostHog (product analytics)
• Google Analytics 4 (GA4)
• Microsoft Clarity (session recording & heatmaps)

Cookies are only set after explicit consent (TTDSG).

3. Purpose & Legal Bases

3.1. Account creation & service use

• Art. 6(1)(b) GDPR – Contract
• Email storage is necessary for account creation & identification

3.2. AI generation

• Art. 6(1)(b) – To provide the service
• Art. 6(1)(a) – Explicit consent to process recipient information

3.3. Analytics

• Art. 6(1)(a) GDPR – Consent

3.4. Affiliate links

• Art. 6(1)(f) GDPR – Legitimate interest (commercial operation)

3.5. Newsletter (Mailchimp)

• Art. 6(1)(a) – Consent
• Art. 6(1)(f) – Proof of double opt-in

3.6. Payments

• Art. 6(1)(b) – performance of contract
• Art. 6(1)(c) – legal retention obligations

4. Third-Party Service Providers

AI Providers:

• OpenAI
• Anthropic
• Other LLM API vendors

Personal data is transmitted to them only if required to generate results.

Analytics:

• PostHog (EU-hosting recommended)
• Google Analytics 4 (with Consent Mode)
• Microsoft Clarity

Payment processors:

• Stripe Payments Europe
• PayPal Europe S.à r.l.
• Klarna Bank AB

Email provider:

• Mailchimp (The Rocket Science Group LLC)
• Using EU SCCs + supplementary measures.

5. Data Retention

• Account data → until request for deletion
• Form inputs → until account deletion
• Analytics → per provider settings (max retention minimized)
• Payment data → 10 years (legal obligation)

6. User Rights (Art. 15–21 GDPR)

Users may request:

• Access
• Deletion
• Correction
• Restriction
• Data portability
• Objection
• Withdrawal of consent

Requests: mario@36chambers.studio

7. Transfers Outside the EU

Transfers occur only:

• via SCCs
• to providers with adequacy decisions
• with appropriate safeguards

8. Automated Decision-Making / Profiling

Guilted does not make automated decisions with legal effect.

AI-generated suggestions are not binding recommendations.

9. Security

We implement:

• Encryption
• Role-based access control
• Secure cloud hosting
• Regular audits

10. Children

Service is not intended for users under 16.