Terms of Service

1. Who We Are

Gift an Agent (“we”, “us”, “our”) is the provider of this Service. We enable people to purchase personalised AI agents — powered by large language model AI — for themselves or as gifts for others. Those agents communicate via Telegram and SMS text messaging, and are powered by third-party AI infrastructure.

To contact us: [email protected]

2. Eligibility

You must be at least 18 years old to purchase a gift, subscribe to a plan, or use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

You may not use the Service if you are prohibited from receiving services under the laws of your country, if you are located in a jurisdiction subject to comprehensive U.S. sanctions, or if your account has been previously suspended or terminated by us.

The Service is intended for personal, non-commercial use. Commercial resale of gift credits, agent access, or any output of the Service is prohibited without our prior written consent.

3. The Service — How It Works

Gift an Agent allows users to purchase personalised AI agents for themselves or as gifts for others. There are two ways to get an agent:

Gift Purchase

1. The gifter selects a persona and subscription plan, and completes payment via Stripe.
2. The recipient receives a setup email with a unique link to giftanagent.com/setup/{token}.
3. The recipient names their agent and completes a short onboarding form.
4. The agent is provisioned and accessible via Telegram (and optionally SMS).

Self-Purchase

1. You select a plan and complete payment on giftanagent.com.
2. You complete onboarding and your agent is activated.

We do not guarantee delivery of emails within any specific timeframe, though delivery typically occurs within minutes. Delivery depends on third-party email infrastructure beyond our control.

We recommend using gift claim links within 30 days of receipt. Claim links do not expire automatically, but if you experience any issue with your link, contact us and we will reissue it.

Agent Capabilities

Depending on your plan, your AI agent may be able to:

• Respond to messages via Telegram and SMS text messaging
• Make and receive phone calls on your behalf (AI-generated voice, not human)
• Send and receive emails via a dedicated agent email address
• Connect to third-party services (Google, Spotify, LinkedIn, etc.) via OAuth
• Store notes, contacts, and personal preferences permanently
• Remember conversation history and learn your communication style
• Search the web and provide research on any topic
• Set reminders and scheduled messages
• Search the web and fetch information from URLs
• Generate images and creative content
• Hire humans for real-world tasks via third-party task services

Not all capabilities are available on all plans. Feature availability may change as we add new capabilities or modify existing ones.

4. Subscription Plans and Pricing

The Service is offered through monthly subscription plans. Current plans include:

All payments are processed by Stripe, a third-party payment processor. By completing a purchase, you agree to Stripe's Terms of Service.

Prices are displayed in USD. We reserve the right to change pricing at any time. Price changes will not affect existing subscriptions until the next renewal period. We will notify you of price changes at least 30 days before they take effect.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. You authorize us (via Stripe) to charge your payment method on file for each renewal. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. No partial-period refunds are issued for cancellations.

Gift Subscriptions

When you purchase a gift, the initial subscription period is paid upfront by the gifter. At the end of the gifted period, the recipient may choose to continue the subscription at their own expense. The recipient is not obligated to continue and will not be charged automatically unless they opt in.

Your payment is processed at the time of purchase. You will receive a Stripe receipt by email.

5. Token Allowances and Usage

Access to the AI agent is governed by a token allowance. Tokens are the computational units consumed by each conversation. One conversation message (a back-and-forth exchange) typically consumes 4,000 to 16,000 tokens, depending on message length, whether tools are used, and other factors.

Estimates are approximate. The estimated conversation counts shown at checkout (e.g., “~130 conversations”) are illustrative averages based on typical usage patterns. Actual usage may be higher or lower depending on:

• The length and complexity of messages
• Whether the agent performs web searches, phone calls, or other tool operations
• The AI model used for each response
• The number of back-and-forth exchanges in a conversation

We do not guarantee that any specific number of conversations will be achievable from a given token allowance. Duration and conversation estimates are good-faith guides only.

Token resets. Monthly token allowances reset at the beginning of each billing period. Unused tokens do not roll over to the next period.

Top-ups. When the token allowance is exhausted, you may purchase a one-time top-up via a link sent by the agent. Top-ups are added to your current balance and do not expire until the end of the billing period. No subscription required for top-ups.

6. Paid Features and Add-Ons

Certain agent capabilities incur additional charges that are deducted from your account balance or charged separately:

Your agent will inform you of the cost before initiating any paid action. You are responsible for reviewing and approving any expenditure. We are not responsible for costs incurred as a result of instructions you give to your agent.

7. Third-Party Services

The Service relies on a number of third-party providers. By using the Service, you acknowledge that your use is also subject to the terms and policies of these providers:

We are not responsible for the actions, policies, or availability of any third-party service. Temporary outages of any third-party provider may affect the availability of your agent or specific features.

8. SMS Text Messaging Service

Gift an Agent offers an optional SMS text messaging channel for interacting with your AI agent. By opting in to SMS, you agree to the following terms:

Opt-In

You opt in to receive SMS messages from Gift an Agent by texting START followed by your activation token to our designated phone number, or by providing your phone number during onboarding and consenting to receive SMS messages. Your consent is not a condition of purchase. You may use the Service via Telegram without opting in to SMS.

Message Frequency

Message frequency varies. Your agent responds to your messages and sends reminders and alerts you configure. You control the frequency by how often you interact and what reminders you set. In general, you will not receive unsolicited marketing messages via SMS.

Message and Data Rates

Message and data rates may apply. Check with your mobile carrier for details about your messaging plan. Gift an Agent does not charge for sending or receiving SMS messages, but your carrier may.

Opt-Out

You may opt out of SMS messages at any time by texting STOP to our phone number. After sending STOP, you will receive a single confirmation message and will not receive any further SMS messages from us unless you opt in again. Opting out of SMS does not affect your ability to use the Service via Telegram.

Help

For help with SMS, text HELP to our phone number or email us at [email protected].

Carrier Disclaimer

SMS is provided via Twilio. Gift an Agent is not responsible for delayed or undelivered messages caused by carrier network issues, device incompatibility, or changes to your mobile carrier plan. Carriers are not liable for delayed or undelivered messages. T-Mobile is not responsible for delayed or undelivered messages.

Supported Carriers

SMS messaging is available on major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. Service may not be available on all carriers or in all areas.

9. AI Limitations and Disclaimer

The AI agents provided through this Service are powered by large language models (LLMs). You acknowledge and agree to all of the following:

The Service is provided “as is” and “as available”, without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Phone Calls and Voice Features

Your agent may be able to make phone calls on your behalf using AI-generated synthetic voice technology (powered by Bland AI). By using this feature, you acknowledge and agree to the following:

11. Acceptable Use

You agree not to use the Service or your AI agent to:

• Generate, distribute, or promote content that is illegal, harmful, abusive, defamatory, or sexually explicit
• Harass, threaten, or intimidate any individual
• Produce misinformation or deliberately misleading content intended to deceive others
• Violate any applicable law or regulation, including export control laws and telecommunications regulations
• Infringe the intellectual property rights of any third party
• Attempt to bypass or circumvent the safety measures or content policies of Anthropic or any underlying AI provider
• Resell access to the agent or exploit the Service for commercial gain without prior written consent from us
• Automate interactions with the Service beyond normal conversational use (including scraping, API abuse, or bot chaining)
• Use the Service to train competing AI models
• Make unsolicited phone calls, send spam emails, or send bulk SMS messages via your agent
• Impersonate another person or misrepresent your identity or affiliation when using agent communication features
• Use the agent to conduct financial transactions, enter into contracts, or make legally binding commitments without understanding that the agent cannot provide legal authority

We reserve the right to suspend or terminate access to any agent or account that violates this Acceptable Use policy, without notice and without refund.

12. Refund Policy

All purchases are non-refundable. Due to the digital and immediately deliverable nature of the Service, we do not offer refunds once a gift or subscription has been purchased.

Exceptions may apply where required by law. If you believe you are entitled to a refund under the consumer protection laws of your jurisdiction, please contact us at [email protected] and we will review your request.

In particular:

• EU / UK consumers have a right to cancel digital service contracts within 14 days of purchase. However, this right is waived if the service has already been accessed or the claim process has been initiated. By completing a purchase, you expressly consent to immediate fulfilment and waive your 14-day cancellation right.
• Australian consumers may have rights under the Australian Consumer Law that cannot be excluded. Nothing in these Terms limits rights that cannot be excluded by law.

If a gift has been purchased but the setup email was never received and the setup link has not been used, please contact us within 30 days and we will reissue the setup email or, at our discretion, provide a replacement gift credit.

Subscriptions may be cancelled at any time. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued.

Add-on charges (phone call minutes, task delegation fees) are non-refundable once the corresponding action has been initiated.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Gift an Agent and its affiliates, officers, employees, agents, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, goodwill, or business opportunities
• Damages arising from your reliance on AI-generated content or actions taken by your agent on your behalf
• Damages caused by the acts or omissions of third-party providers (including Anthropic, Telegram, Twilio, Bland AI, or Stripe)
• Damages resulting from unauthorised access to your account or conversation data
• Damages arising from phone calls, emails, or other communications made by your agent
• Damages arising from tasks delegated to third-party human workers by your agent
• Any loss or damages caused by SMS message delivery failures, delays, or carrier issues

In any event, our total aggregate liability to you shall not exceed the amount you paid for the specific gift or service that gave rise to the claim in the twelve (12) months preceding the event.

Some jurisdictions do not allow exclusion of certain implied warranties or limitation of certain types of damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless Gift an Agent and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service or your AI agent
• Your violation of these Terms
• Your violation of any rights of a third party
• Content or instructions you provide to your AI agent, including instructions to make phone calls, send emails, mail physical items, or delegate tasks
• Any claim by a third party that communications made by your agent (calls, emails, SMS, or physical mail) caused harm or violated their rights

15. Intellectual Property

All content on the Gift an Agent website — including text, design, logos, and code — is owned by or licensed to us, and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

Conversations between you and your AI agent are yours. We do not claim ownership of your conversation content. However, by using the Service, you grant us a limited, non-exclusive licence to process and store your conversation data as necessary to provide the Service, in accordance with our Privacy Policy.

Agent personalities, soul configurations, system prompts, and onboarding curriculum provided by Gift an Agent are our proprietary intellectual property.

16. Account Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the platform.

Upon termination, any active agent access will cease and your agent will stop responding to messages, making calls, and sending emails. We are not obligated to provide a refund for unused token allowances or remaining subscription time in the event of termination for cause.

You may stop using the Service at any time. To cancel your subscription, contact us at [email protected]. If you wish to delete your data, please see our Privacy Policy or contact us directly.

We may retain certain data after termination as required by law or for legitimate business purposes, as described in our Privacy Policy.

17. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

Key points relevant to these Terms: your conversations are stored to provide the Service; your agent remembers your preferences and conversation history; connected third-party account data is accessed only on your instruction; and you may request deletion of your data at any time.

18. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws in your jurisdiction confer exclusive jurisdiction to local courts.

Before initiating any formal proceeding, we encourage you to contact us at [email protected] to resolve any dispute informally. Most concerns can be resolved quickly this way.

19. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gift an Agent regarding the Service and supersede all prior agreements, representations, and understandings.

Severability. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force majeure. We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labour disputes, government actions, internet outages, or third-party service failures.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. For material changes, we will endeavour to notify active users by email or via their agent at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

We recommend you review these Terms periodically.

21. Contact Us

If you have questions about these Terms, please contact us at: