Business Portal Terms of Service
Last updated: May 6th, 2026
These Business Portal Terms of Service (the "Business Terms") govern access to and use of the On Me Business Portal at business.onme.com (the "Business Portal") by an organization (an "Organization") and the individuals it authorizes to use the Business Portal on its behalf. The Business Portal is operated by On Me Gifting Inc. and Secure Gift Holdings LLC (collectively, "On Me," "we," "us," or "our").
By creating a Business Account, accepting an invitation to a Business Account, or otherwise accessing or using the Business Portal, the individual doing so accepts these Business Terms personally and on behalf of the Organization, and represents that they have the authority to bind the Organization. If you do not agree, do not access or use the Business Portal.
These Business Terms incorporate by reference (i) the On Me general Terms of Service at onme.com/terms-of-service (the "General Terms"), (ii) the On Me Privacy Policy at onme.com/privacy-policy, (iii) the Cardholder Agreement at onme.com/cardholder-agreement, and (iv) any Data Processing Addendum (a "DPA") executed between the Organization and On Me. In the event of conflict, the order of precedence is set out in §22.
1. Definitions
Capitalized terms not defined here have the meaning given to them in the General Terms.
- "Authorized User" — an individual whom an Organization has invited and authorized to access its Business Account, including Org Admins and Gift Senders.
- "Business Account" — an account on the Business Portal owned by an Organization.
- "Business Order" — an Order placed through a Business Account.
- "Confidential Information" — non-public information disclosed by one party to the other in connection with these Business Terms, including Recipient Data, pricing, product roadmaps, configurations, and any information that a reasonable person would understand to be confidential. Aggregated, de-identified information is not Confidential Information.
- "Gift Sender" — an Authorized User authorized to create and send gifts on behalf of the Organization, but without administrative or billing privileges.
- "Org Admin" — an Authorized User with administrative privileges over the Organization's Business Account, including managing payment methods, billing, tax information, and other Authorized Users.
- "Organization" — a legal entity (company, partnership, nonprofit, or other business entity) that maintains a Business Account.
- "Recipient" — an individual whom an Authorized User designates to receive a gift sent through the Business Portal. Recipients are not parties to these Business Terms unless and until they create a User Account and redeem the gift, at which point the General Terms and Cardholder Agreement govern their use of the redeemed Gift Card.
- "Recipient Data" — personal information about Recipients that an Organization or its Authorized Users provide to On Me, including name, email address, phone number (where provided), mailing address (where provided), employment information, and any custom message content addressed to the Recipient.
- "Services" — the Business Portal and any related ancillary services provided by On Me to the Organization.
2. Eligibility and Permitted Use
2.1 Eligibility. The Business Portal is available only to Organizations using it for legitimate business gifting purposes (including employee recognition, customer appreciation, partner gifting, marketing campaigns, and similar use cases). The Business Portal is not available to consumers acting in a personal capacity; consumers should use onme.com.
2.2 Permitted Use. The Organization may use the Business Portal to create campaigns, build templates, place Business Orders, manage Recipients, and access reporting and invoices, in each case in accordance with these Business Terms.
2.3 No Reverse Engineering. The Organization will not, and will not permit any Authorized User or third party to: (a) copy, modify, or create derivative works of the Business Portal; (b) reverse engineer, decompile, or disassemble the Business Portal; (c) circumvent any access controls or rate limits; (d) access the Business Portal to build a competitive product; or (e) use the Business Portal to send gifts in violation of §5.
3. Public Gifts and Social Features Carve-Out
3.1 No Public Gifts in B2B. All gifts sent through a Business Account are Private Gifts and are not eligible for inclusion on Public Gift Feeds.
3.2 Aggregated and Organization-Level Data. On Me may use, on a perpetual and irrevocable basis, (a) aggregated and de-identified data that cannot reasonably be associated with any individual Recipient and (b) Organization-level metrics, statistics, and case-study material derived from the Organization's use of the Services (including order volume, average order value, redemption rates, campaign types, and ROI indicators) for any lawful business purpose, including product improvement, analytics, benchmarking, training and improvement of On Me's machine-learning systems, marketing, public reporting, investor communications, and identifying the Organization as a customer of the Business Portal in accordance with §11.4.
4. Authorized Users, Authority to Bind, and Roles
4.1 Authority to Bind. By creating a Business Account or accepting an invitation as an Org Admin, the individual doing so represents and warrants that: (a) they are at least 18 years old; (b) they are an authorized representative of the Organization; (c) they have full power and authority to bind the Organization to these Business Terms; and (d) the Organization is duly formed and in good standing under the laws of its jurisdiction. The Organization is responsible for all acts and omissions of its Authorized Users.
4.2 Roles.
- Org Admin — manages the Organization's profile, payment methods, billing, tax information, Authorized User invitations and removals, and overall Business Account configuration. The first user to sign up for an Organization is automatically an Org Admin. There may be more than one Org Admin per Organization.
- Gift Sender — may create campaigns and templates, place Business Orders, manage Recipients, and review their own and the Organization's orders. Gift Senders cannot manage payment methods, invite or remove Authorized Users, or access Organization-wide billing detail.
4.3 Account Hygiene. Each Authorized User must have a unique email address and account; account sharing is prohibited. The Organization is responsible for promptly removing Authorized Users who leave the Organization or whose role no longer requires access. On Me may rely on the apparent authority of any individual signed in to an Authorized User account.
4.4 Email Verification and Invitations. An invited Authorized User must verify their email address before accepting an invitation to a Business Account. No Authorized User account is created until the invitation is accepted and email verification is complete.
4.5 Tax Information. Org Admins are responsible for providing accurate tax information (including a valid Form W-9 or equivalent where applicable) and updating it as needed.
5. Acceptable Use
5.1 Anti-Corruption and Anti-Bribery. The Organization and its Authorized Users represent and warrant that each Business Order complies with: (a) the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and all other applicable anti-corruption, anti-bribery, and anti-kickback laws; (b) the Organization's own internal gifting, ethics, and compliance policies; and (c) any rules governing gifts to government officials, healthcare professionals, public-sector employees, regulated counterparties, or any other restricted recipient category. Gifts must not be sent to influence any official act, induce a breach of duty, or secure an improper business advantage.
5.2 Recipient Consent and Anti-Spam Compliance. The Organization represents and warrants that, before submitting any Recipient Data, it has obtained all consents and provided all notices required under applicable law (including the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), the GDPR, the UK GDPR, and applicable U.S. state privacy laws) to permit On Me to contact Recipients by email and (where provided) SMS for purposes of delivering the gift and providing related communications. The Organization is solely responsible for the accuracy of all Recipient Data and the lawful basis for contacting each Recipient.
5.3 Sanctions and Export Compliance. The Organization represents and warrants that neither it, its Authorized Users, nor any Recipient is (a) located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions; or (b) listed on the U.S. Treasury Department's Specially Designated Nationals (SDN) list or any other restricted-party list maintained by the U.S., U.K., E.U., or U.N. The Organization will not use the Services to facilitate any transaction with a sanctioned person or jurisdiction.
5.4 No Compensation Substitution. Business Accounts must not be used to evade payroll taxes, replace wages, commissions, or other compensation otherwise owed to employees or contractors, or to disguise the character of payments for tax or regulatory purposes.
5.5 No Stored-Value Stacking. Gift Card Value sent through the Business Portal may not be used to purchase additional Gift Card Value, other Gift Cards, or any other stored-value instrument, consistent with §4 of the General Terms.
5.6 No Manipulation. The Organization will not, and will not permit any Authorized User to, manipulate Recipient interaction data, scrape or harvest data from the Business Portal, create fake accounts, or engage in any coordinated inauthentic behavior.
5.7 Suspension for Violations. On Me may suspend, throttle, restrict, or terminate a Business Account, an Authorized User account, or a specific Business Order at any time, with or without notice, in On Me's sole discretion, for any violation, suspected violation, or risk of violation of this §5 (including reputational risk to On Me, Sutton Bank, or other On Me customers). On Me has no obligation to provide an opportunity to cure, and any decision to provide notice or a cure window is a courtesy, not a contractual right. The Organization remains liable for all charges incurred prior to suspension or termination, and processing fees are non-refundable.
6. Recipient Data and Privacy
6.1 Controller / Processor Roles. As between the Organization and On Me, the Organization is the controller (or business, as those terms are defined under applicable law) and On Me is the processor (or service provider) of Recipient Data.
6.2 Permitted Processing. On Me will process Recipient Data only: (a) to deliver gifts and provide related communications to Recipients; (b) to operate, secure, and improve the Services; (c) to comply with applicable law; and (d) as instructed by the Organization through the Business Portal or in writing. On Me will not sell or share Recipient Data with third parties for cross-context behavioral advertising.
6.3 DPA. Where the processing of Recipient Data is subject to GDPR, UK GDPR, CCPA/CPRA, or similar laws, the DPA governs and is incorporated by reference. Until a separate DPA is executed, the Organization may request the then-current standard DPA at privacy@onme.com. In the event of conflict, the DPA controls with respect to Recipient Data.
6.4 Organization Obligations. The Organization will: (a) provide all required notices and obtain all required consents from Recipients before submitting Recipient Data; (b) maintain the accuracy of Recipient Data and update or delete it as appropriate; (c) honor any Recipient privacy-rights requests it receives directly; and (d) cooperate with On Me in honoring such requests routed through On Me.
6.5 Security. On Me maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Recipient Data, including encryption in transit and at rest, access controls, and logging. On Me will notify the Org Admin without undue delay (and in any event within the timeframe required by applicable law) of any confirmed security incident affecting Recipient Data.
7. Account Structure and Constraints
7.1 One Organization per Email. A given email address may be associated with at most one Business Account at a time. To join a different Organization, the user must first leave the current one.
7.2 Distinct Accounts. Business Accounts are technically and legally distinct from consumer accounts on onme.com. The same individual may hold both a personal consumer account and an Authorized User account using the same email; however, Gift Card Value, balances, and order history do not transfer between the two and account merges are not supported.
7.3 Identical Org Names Allowed. Identical Organization names are permitted (different Organizations may share a display name). On Me does not validate corporate identity at signup; the Org Admin is responsible for entering accurate Organization information and updating it if it changes.
8. Payments, Invoices, and Fees
8.1 Payment Method. Business Orders are paid via the payment method on file. At launch, the Business Portal supports credit and debit cards processed via Stripe. ACH and wire transfer support, and pre-funded Organization wallet balances, may be added in future releases and will be governed by additional terms presented at the time of activation.
8.2 Charges. The Organization authorizes On Me (and Stripe) to charge the payment method on file for the full amount of each Business Order at the time the Order is placed, plus any applicable taxes and processing fees disclosed at checkout.
8.3 Invoices. An invoice PDF is generated for each Business Order and made available in the Billing tab and on the Order detail page. Invoices may be downloaded individually.
8.4 Disputes. The Organization must raise any billing dispute in writing to support@onme.com within ten (10) days of the later of (i) the date the Gift was sent or (ii) the invoice date. After that ten (10) day window, the charge is deemed accepted. The Organization will not initiate a chargeback for any charge that has not first been raised to On Me support and given a reasonable opportunity to investigate.
8.5 Taxes. Stated prices are exclusive of taxes unless otherwise indicated. The Organization is responsible for all taxes associated with Business Orders other than On Me's net income taxes.
9. Cancellation, Refunds, and Order States
9.1 Order States. A Business Order moves through the following states: Pending → Processing → Delivered → Opened → Redeemed. Individual Gifts within an Order may be in different states.
9.2 Cancellation by Organization. An Org Admin or Gift Sender may cancel a Business Order at any time before any Gift in the Order is Delivered to a Recipient. A canceled Order is fully refunded to the original payment method, less any non-refundable processing fees disclosed at the time of the Order.
9.3 Pro-Rata Refund for Undelivered Gifts. After Delivery has begun for an Order, the Order itself can no longer be canceled, but any Gifts in the same Order that have not yet been Delivered may be refunded on a pro-rata basis at On Me's discretion (for example, to address a delivery error).
9.4 No Refund After Delivery or Redemption. Delivered Gift Card Value and redeemed Gift Card Value are non-refundable except where required by law.
9.5 Refunded State. An Order in a fully or partially refunded state is reflected on the Order detail page and on the corresponding invoice; an offsetting credit memo is generated and made available with the Order.
10. Tax Treatment of Gifts
Gifts sent through a Business Account may be taxable to the Recipient, may be deductible to the Organization, and may trigger reporting obligations (such as IRS Forms 1099-NEC or 1099-MISC, or W-2 reporting for employee gifts). On Me does not provide tax, accounting, or legal advice. The Organization is solely responsible for determining the correct tax treatment of each Business Order and for all related reporting and withholding obligations. On Me makes Order- and invoice-level reporting available through the Business Portal to assist the Organization with its records.
11. Intellectual Property
11.1 On Me IP. As between the parties, On Me owns all right, title, and interest in and to the Services, including all software, designs, layouts, look-and-feel, and trademarks. No rights are granted to the Organization other than the limited right to access and use the Business Portal as set out in these Business Terms.
11.2 Organization Content. As between the parties, the Organization retains ownership of any content it creates, uploads, or transmits through the Business Portal, including campaign names, templates, gift messages, Recipient Data, and Organization branding (collectively, "Organization Content"). The Organization hereby grants On Me a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and (during the term of the Business Account, and on a perpetual basis with respect to any aggregated, de-identified, or marketing materials already produced) irrevocable license to: (a) host, store, copy, transmit, display, perform, modify, and otherwise use Organization Content as necessary or useful to provide, secure, operate, and improve the Services; (b) use Organization Content in aggregated or de-identified form for analytics, benchmarking, product development, and the training and improvement of On Me's models, algorithms, and machine-learning systems; and (c) use Organization branding (including names, logos, and marks) and the existence of the parties' relationship in On Me's external Marketing Materials in accordance with §11.4. For clarity, On Me will not publicly disclose the contents of any individual gift message or any Recipient Data without the Organization's prior written consent or a separate lawful basis.
11.3 Feedback. If the Organization or any Authorized User provides feedback, suggestions, ideas, or other input about the Services, On Me may use, copy, modify, distribute, sublicense, and commercially exploit such feedback in any manner and for any purpose, in perpetuity and without restriction, attribution, compensation, or other obligation to the Organization or the Authorized User.
11.4 Publicity and Logo License. The Organization grants On Me a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable license, during the term of the Business Account and (with respect to materials already produced) perpetually thereafter, to use the Organization's name, logo, trademarks, service marks, trade names, domain names, and other brand assets (collectively, "Organization Marks"), and to identify the Organization as a customer of the On Me Business Portal, in any of On Me's marketing, sales, public-relations, investor-relations, recruiting, and product communications, including: (a) customer lists, "trusted by" walls, partner-logo strips, and similar surfaces on On Me websites, mobile apps, and product UI; (b) case studies, success stories, testimonials, and customer quotes; (c) press releases, blog posts, podcasts, videos, podcasts, and earned-media outreach; (d) investor decks, fundraising materials, board reports, and annual updates; (e) sales decks, pitch materials, and request-for-proposal responses; (f) social-media posts, public forums, panel discussions, conference talks, and other public-speaking engagements; and (g) paid and organic advertising. On Me will use Organization Marks in a manner consistent with any reasonable, written brand guidelines the Organization has provided to On Me in advance, and will correct any inadvertent material misuse on the Organization's written request. The Organization may opt out of named case studies, named testimonials, and named press releases by written notice to legal@onme.com; opt-out does not affect (i) inclusion in customer lists, "trusted by" walls, partner-logo strips, and aggregate "now on On Me" listings, or (ii) any materials already produced or distributed before On Me's receipt of the opt-out notice. Reciprocally, the Organization may identify itself as a customer of the Business Portal and use the On Me name and logo in materials that truthfully describe the Organization's use of the Services, subject to On Me's brand guidelines available on request. The parties acknowledge that the marketing exposure granted to On Me under this §11.4 is part of the consideration for access to the Services at the prices made available through the Business Portal.
12. Limitation of Liability
12.1 Exclusion of Damages. To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to these Business Terms or the Services, even if advised of the possibility of such damages.
12.2 Aggregate Cap. To the fullest extent permitted by law, On Me's aggregate liability arising out of or relating to these Business Terms or the Services, whether in contract, tort (including negligence), or otherwise, will not exceed the lesser of (a) the total amount paid by the Organization to On Me in the twelve (12) months preceding the event giving rise to the claim, or (b) ten thousand U.S. dollars ($10,000).
12.3 Cap Exceptions. The cap in §12.2 does not apply to: (a) the Organization's payment obligations under §8; (b) the Organization's indemnification obligations under §13; (c) breaches of confidentiality under §15; (d) breaches of §5 (Acceptable Use); or (e) any liability that cannot be limited under applicable law.
12.4 Allocation of Risk. The parties acknowledge that the limitations and exclusions in this §12 are an essential basis of the bargain and would not be willing to enter into these Business Terms without them.
13. Indemnification
13.1 By the Organization. The Organization will defend, indemnify, and hold harmless On Me and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Organization's or any Authorized User's breach of §5 (Acceptable Use); (b) any Recipient Data provided to On Me, including any claim that a Recipient was contacted without lawful basis; (c) the use of the Business Portal by the Organization's Authorized Users or anyone acting under their credentials; (d) any tax obligations arising from gifts sent through the Business Account, including failure to report taxable compensation to employees or third parties; (e) any dispute between the Organization and a Recipient or other third party concerning a Business Order; (f) any third-party claim arising out of or relating to On Me's authorized use of Organization Content or Organization Marks under §§11.2 and 11.4 (including any claim that an Organization Mark or other Organization Content infringes a third party's intellectual property, publicity, contract, or other rights); and (g) any reputational, brand, or public-relations harm to On Me caused by the Organization's or any Authorized User's acts or omissions in connection with the Services.
13.2 By On Me. On Me will defend, indemnify, and hold harmless the Organization from and against any third-party claim that the Business Portal, as provided by On Me and used by the Organization in accordance with these Business Terms, infringes the third party's U.S. intellectual property rights. On Me has no obligation under this §13.2 with respect to: (a) modifications to the Business Portal not made by On Me; (b) combinations of the Business Portal with products, services, or data not provided by On Me, where the claim would not have arisen but for the combination; or (c) the Organization's continued use of an allegedly infringing version after On Me has provided a non-infringing alternative or notified the Organization to stop using such version.
13.3 Cap on On Me's Indemnity. On Me's total cumulative liability under §13.2, including defense costs and any amounts paid in settlement or judgment, will not exceed the aggregate cap set out in §12.2. Section 12.2 supplies the sole and exclusive monetary remedy for any claim under §13.2.
13.4 Procedure. The indemnified party will (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defense and settlement (provided that no settlement may impose any non-monetary obligation on the indemnified party without its consent); and (c) cooperate reasonably at the indemnifying party's expense. Failure to provide prompt notice relieves the indemnifying party of its obligations to the extent it is materially prejudiced by the delay.
14. Disclaimer of Warranties
Except as expressly set out in these Business Terms, the Services are provided "as is" and "as available." On Me disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. On Me does not warrant that the Services will be uninterrupted, error-free, or completely secure. The Organization assumes all risk associated with its evaluation and use of the Services.
15. Confidentiality
Each party will protect the other party's Confidential Information using at least the same care it uses to protect its own confidential information of like kind (and in any event no less than reasonable care), will use Confidential Information only to perform under these Business Terms, and will not disclose Confidential Information except to personnel and advisors who need to know and are bound by confidentiality obligations at least as protective as these Business Terms. Confidential Information does not include information that (a) is or becomes publicly known through no fault of the receiving party; (b) was rightfully known to the receiving party without restriction before disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the disclosing party's Confidential Information. This §15 survives termination for three (3) years, and indefinitely with respect to trade secrets and Recipient Data.
16. Service Availability and Beta Features
16.1 Availability. On Me will use commercially reasonable efforts to make the Business Portal available, but does not commit to any specific uptime, response time, or service-level guarantee. Scheduled maintenance, third-party outages (including Stripe, Sutton Bank, Highnote, Firebase, Google Cloud, and other infrastructure providers), security responses, capacity events, and force-majeure events are excluded from any availability calculation. On Me has no liability for any unavailability of, interruption of, delay in, error in, or degradation of the Services, and the Organization's sole remedy for any such event is to discontinue use of the affected feature.
16.2 Beta Designation. The Organization acknowledges that the Business Portal is offered initially as a beta release. Beta features are provided "as is" and "as available," may be modified, restricted, repriced, or discontinued by On Me at any time without notice, are not subject to any service-availability commitment, and may have known or unknown defects, including the risk of data loss or corruption. Use of beta features is at the Organization's sole discretion and risk. On Me has no liability for any loss, damage, lost profits, or other harm arising from or relating to beta-feature use, and §12.2 applies fully to any such claim.
16.3 Migration from Consumer Accounts. Authorized Users with pre-existing consumer accounts on onme.com retain those accounts; consumer order history and gift history do not transfer to the Business Account. On Me may, on request and at its discretion, perform a one-off migration of historical corporate-sender activity from onme.com to a new Business Account.
17. Term, Suspension, and Termination
17.1 Term. These Business Terms apply from the time the Business Account is created until terminated under this §17.
17.2 Termination by Organization. An Org Admin may terminate the Business Account at any time by written request to support@onme.com. Termination is effective on the date of confirmation by On Me.
17.3 Termination by On Me. On Me may suspend or terminate a Business Account, an Authorized User account, or specific Business Orders at any time, in On Me's sole discretion, with or without cause, and either: (a) immediately, without notice, for any breach or suspected breach of these Business Terms, fraud or suspected fraud, sanctions or export-control concerns, risk to the Services or to other On Me customers, reputational risk to On Me, failure to complete identity verification under §4 of the General Terms, or non-payment; or (b) for convenience, on seven (7) days' notice to the Org Admin. The Organization remains liable for all amounts owed for Services rendered through the effective date of termination, and processing fees are non-refundable.
17.4 Effect of Termination.
- Pending Orders. All Business Orders that have not yet been Delivered are canceled and refunded under §9, less any non-refundable processing fees.
- Delivered Orders. Gift Card Value already Delivered to Recipients is unaffected and continues to be redeemable in accordance with the General Terms and Cardholder Agreement.
- Wallet Balance. Any unspent Organization wallet balance (when team wallets become available in a future release) will be returned to the Organization in accordance with applicable escheatment and money-transmission rules and the procedures set out in the Billing section of the Help Center.
- Data. On Me will delete or de-identify Recipient Data in accordance with the DPA and the Privacy Policy, except where retention is required by law.
17.5 Survival. §§1, 5.1–5.4, 6, 8.4, 9.4, 10–15, 17.4–17.5, and 18–22 survive termination.
18. Compliance with Laws
The Organization will comply with all laws applicable to its use of the Services, including financial-services laws, consumer-protection laws, anti-corruption laws, sanctions and export-control laws, employment and tax laws, and privacy and anti-spam laws.
19. Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, strikes, governmental actions, epidemics, pandemics, failures of telecommunications or internet services, or failures of upstream providers including Stripe and Sutton Bank.
20. Assignment
The Organization may not assign these Business Terms without On Me's prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. On Me may assign these Business Terms freely. Any prohibited assignment is void.
21. Governing Law and Dispute Resolution
21.1 Governing Law. These Business Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
21.2 Arbitration. Any dispute arising out of or relating to these Business Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Wilmington, Delaware. Each party waives any right to a jury trial and any right to participate in a class, collective, or representative action.
21.3 Equitable Relief. Nothing in §21.2 prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.
21.4 Limitation Period. Any claim arising out of or relating to these Business Terms must be brought within one (1) year after the cause of action accrues, or it is permanently barred.
22. Order of Precedence
In the event of conflict among the documents that govern the Organization's use of the Services, the following order of precedence applies (highest first):
- any signed enterprise or master services agreement between On Me and the Organization;
- the DPA;
- these Business Terms;
- the General Terms;
- the Cardholder Agreement (which governs the Recipient's use of the issued gift card after redemption).
23. Notices and Contact
Notices to On Me must be sent to support@onme.com (operational matters) or legal@onme.com (legal matters). Notices to the Organization may be sent to the Org Admin's email address on file or via in-product notification.
24. Entire Agreement; Amendments
These Business Terms, together with the documents incorporated by reference in §22, constitute the entire agreement between the parties regarding the Business Portal and supersede all prior agreements and communications on the subject. On Me may amend these Business Terms at any time by posting an updated version on onme.com/business-terms-of-service. Where an amendment is material, On Me will provide notice to the Org Admin (in-product, by email, or both); the amendment is effective on the date posted, except that material changes are effective on the date specified in the notice (which will be no fewer than seven (7) days after notice is given). Non-material amendments are effective on the date posted without further notice. Continued access to or use of the Business Portal after the effective date of any amendment constitutes acceptance. If the Organization does not accept an amendment, its sole and exclusive remedy is to terminate the Business Account under §17.2 before the amendment's effective date.
25. Severability and Waiver
If any provision of these Business Terms is held unenforceable, the remaining provisions remain in full force. A party's failure to enforce a provision is not a waiver of its right to enforce that or any other provision.
Acceptance
By clicking "I agree" at signup, by accepting an invitation to a Business Account, or by otherwise accessing the Business Portal, the individual doing so accepts these Business Terms personally and on behalf of the Organization, and represents that they have authority to bind the Organization.
Contact: legal@onme.com · support@onme.com · On Me Gifting Inc. and Secure Gift Holdings LLC.