Terms of Service

Last updated: March 24th, 2026

These General Terms of Service ("Terms") govern your purchase, use, and redemption of Gift Card Value and other services provided by On Me Gifting Inc. and Secure Gift Holdings LLC (collectively referred to as "On Me," "Company," "we," "us," or "our"). By purchasing or using Gift Card Value, by sending, receiving, viewing, or interacting with gifts (including public gifts displayed on gift feeds or elsewhere), you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services. In these Terms, references to "On Me" or the "Company" include both On Me Gifting Inc. and Secure Gift Holdings LLC, as applicable.

1. Definitions

"Gift Card Value": The monetary value purchased by users, which is held by Secure Gift Holdings LLC and can be redeemed for various forms, including but not limited to digital gift cards issued by Secure Gift Holdings LLC.
"Gift Card": A digital gift card issued upon redemption of Gift Card Value, which can be used for purchases with participating affiliates.
"Affiliates": Retailers or service providers that accept our Gift Cards or other redemption methods.
"Transaction": Any use of the Gift Card or Gift Card Value to purchase goods or services.
"User": The individual who engages with On Me's products or services. This may include the person who purchases, sends, or manages Gift Card Value or Gift Cards on the platform. A User can be anyone who interacts with On Me Gifting Inc., including both senders and recipients of gift cards.
"Cardholder": The individual who receives and redeems the Gift Card Value or Gift Cards. The Cardholder is specifically the recipient of a bank-issued gift card product and is the one who ultimately spends the funds associated with the Gift Card.
"Account": The user account created by the user on our platform to manage Gift Card Value and Gift Cards.
"Redemption": The process of converting Gift Card Value into a Gift Card or other form of value as defined by On Me.
"Public Gift": A gift that the sender has designated as publicly visible at the time of sending. Public Gifts and their associated Gift Content may be displayed on Public Gift Feeds and other surfaces within and outside the Services, subject to the visibility controls described in these Terms.
"Private Gift": A gift that the sender has designated as private. Private Gifts are visible only to the sender and recipient and will never be made public without the sender's affirmative action.
"Public Gift Feed": Any feed, page, surface, or display within or connected to the Services where Public Gifts are shown, including but not limited to the main gift feed, community or category feeds, user profile pages, trending sections, and curated collections.
"Gift Content": All content associated with a gift, including but not limited to gift messages, text, photos, images, GIFs, voice notes, videos, animations, stickers, merchant names, gift card amounts, personalization elements, thank-you notes, purchase-sharing posts, and any other media, materials, or user-generated content created, uploaded, or shared in connection with a gift.
"Social Features": All features of the Services related to social gifting, including but not limited to the ability to designate gifts as public or private, Public Gift Feeds, community feeds, likes, content flagging, purchase sharing, gift threads, user profiles displaying gifting activity, and any other interactive or social functionality.
"User Content": Any and all content, media, materials, text, images, photos, videos, audio, voice notes, GIFs, and other works of authorship or expression that a User creates, uploads, submits, posts, or otherwise makes available through the Services, including but not limited to Gift Content, profile information, purchase-sharing posts, thank-you notes, and interactions with Social Features.
"Marketing Materials": Any promotional, advertising, editorial, or communications materials created or distributed by or on behalf of On Me, in any medium or format, including but not limited to social media posts, digital advertisements, print materials, email campaigns, press releases, case studies, blog posts, website content, app store listings, investor presentations, branded content, messenger communications, and partnership or co-marketing materials.

2. Eligible Affiliates and Categories

Affiliates Eligibility: Gift Card Value can be redeemed exclusively at a curated selection of affiliates that align with the specific category or interest linked to the purchased Gift Card Value. The list of eligible affiliates is subject to change and is continually updated.
Category Specificity: Each Gift Card Value corresponds to a specific category or interest. Upon redemption, the user may receive a Gift Card associated with that category.
Affiliates and Category Information: An up-to-date list of eligible affiliates within each category is available on the OnMe.com website.

3. Redemption and Flexibility

Redemption Process: Gift Card Value can be redeemed through our platform, primarily as digital Gift Cards. On Me reserves the right to change the form of redemption in the future, including but not limited to offering alternative redemption methods.
Integration with Payment Platforms: Gift Cards may be used through compatible payment platforms such as Apple Pay and Google Pay, subject to the terms and conditions of those platforms. Users acknowledge and agree that the use of Gift Cards through these platforms is also governed by the terms of service and privacy policies of Apple Pay, Google Pay, and any other applicable payment platforms. On Me is not responsible for any issues, disruptions, or losses arising from the use of Gift Cards through these third-party platforms.
Future Flexibility: On Me may modify the redemption methods at any time at its sole discretion. Users will be notified of any such changes in advance. In the event that our partnership with a bank or other financial institution changes, we reserve the right to offer alternative methods of accessing the Gift Card Value.
No Physical Card Issuance: On Me Gift Cards are exclusively digital products. No physical cards will be issued. Users acknowledge that to redeem and spend the Gift Card Value, the recipient must have access to a compatible digital device, such as a smartphone, tablet, or any other mobile payment device that supports digital transactions. It is the responsibility of the user to ensure that the recipient has the necessary device and access to utilize the Gift Card. On Me is not responsible for any inability to use the Gift Card due to the lack of a compatible device or failure to meet technical requirements.

4. User Responsibilities and Prohibited Uses

Prohibited Activities: Users must not engage in fraudulent, illegal, or abusive behavior, including but not limited to attempts to manipulate the system, unauthorized use of the platform, or activities that could harm On Me, its affiliates, or its users. This includes, but is not limited to, manipulating likes or interaction counts on Public Gifts, creating fake accounts to inflate engagement, scraping or harvesting Gift Content or user data from Public Gift Feeds, and any coordinated inauthentic behavior designed to manipulate the visibility or ranking of gifts in feeds.
User Conduct: Users are responsible for their actions on the platform, including interactions with affiliates and other users. Users must ensure that the recipient information provided (e.g., phone number, email) is accurate and secure. The Company is not responsible for any loss or misuse of Gift Card Value if accessed by unintended recipients due to incorrect or compromised recipient information.
Restrictions on Gift Card Purchases: Gift Card Value or Gift Cards may not be used to purchase additional Gift Card Value, other Gift Cards, or any other stored-value instruments. Any attempt to do so is prohibited and may result in the cancellation of the transaction and suspension of the user's account.
Identity Verification: To ensure the security of the platform and prevent fraud, On Me reserves the right to request additional information to verify your identity at any time. This may include, but is not limited to, requiring a valid government-issued photo ID (e.g., passport or driver's license) and a live photographic likeness. You agree that On Me may use third-party identity verification services (such as Stripe Identity) to validate these documents. Failure to provide requested documentation, or failure to successfully pass these verification checks, constitutes a violation of these Terms and may result in the immediate suspension or termination of your Account.

5. Data Protection and Privacy

Data Collection: On Me collects, uses, and stores user data in accordance with our Privacy Policy. Users are advised to review the Privacy Policy to understand how their personal information is managed.
User Rights: Users have the right to access, correct, and delete their data as per applicable laws. Please refer to our Privacy Policy for detailed information on these rights and the procedures to exercise them.
Social Gifting Data: When you use Social Features, we collect and process additional data as described in our Privacy Policy, including your gift visibility preferences, Gift Content, social feed interactions, and community follows. By using Social Features, you consent to the collection, processing, and use of this data as described in our Privacy Policy and these Terms, including the display of your information on Public Gift Feeds and in Marketing Materials as described in Sections 26 and 27.

6. Intellectual Property

Ownership: All content and intellectual property on the On Me platform, including trademarks, service marks, and logos, are owned by or licensed to On Me.
Usage Restrictions: Users may not use, copy, or distribute On Me's intellectual property without express written permission from On Me.
User Content Ownership: As between you and On Me, you retain ownership of any User Content you create, subject to the broad, perpetual license you grant to On Me under Section 27. For clarity, the license granted in Section 27 gives On Me the right to use your User Content in all the ways described therein without requiring further permission from you.
Platform Content: All elements of the Services, including the design, layout, look, appearance, and graphics of the Public Gift Feed, community feeds, and other Social Features, are owned by On Me and are protected by intellectual property laws. Users may not copy, imitate, or replicate the design or functionality of any part of the Services.

7. Security and Account Responsibility

Account Security: Users are responsible for maintaining the security of their account credentials, which include but are not limited to passwords, email addresses, phone numbers, and any other login information used to access the On Me platform. Users must ensure that all security features, such as two-factor authentication, device encryption, and biometric security, are enabled and utilized where available. We strongly encourage users to create strong, unique passwords and to change them regularly to protect their accounts from unauthorized access.
Liability for Unauthorized Access: Users are fully responsible for any unauthorized transactions resulting from their failure to secure their account. This includes, but is not limited to, the sharing of passwords, failure to update or secure email addresses or phone numbers, or neglecting to enable and hold secure security features such as two-factor authentication. On Me is not liable for unauthorized access due to user negligence.

8. Gift Link Sharing and User Responsibility

User-Directed Delivery Option: During the gift-building process, users may choose to send the gift themselves rather than using On Me's managed delivery system. In such cases, On Me will generate a unique Gift Link containing access to the associated Gift Card Value. This link will be provided to the user upon checkout or gift creation for independent distribution.
Assumption of Risk and Responsibility: By selecting this delivery method, the user accepts full and sole responsibility for sharing the Gift Link securely with their intended recipient. On Me does not monitor, track, or control the distribution or receipt of Gift Links shared by users.
Unrestricted Link Access: Any person who accesses the Gift Link—regardless of identity or intent—may be able to redeem the associated Gift Card Value. Possession of the link constitutes access to the gift. The link does not include authentication or recipient verification by On Me, and the platform cannot distinguish between intended and unintended redeemers.
Waiver of Liability: On Me Gifting Inc. and Secure Gift Holdings LLC are not liable for any claims, losses, damages, or disputes arising from the distribution, misdelivery, interception, or unauthorized use of Gift Links shared by users. This includes, but is not limited to, scenarios involving incorrect recipient contact information, lost links, link forwarding, unauthorized redemption, phishing, social engineering, or any other third-party access.
No Replacement or Reissue: Once the Gift Link is generated and presented to the user, On Me's obligation is fulfilled. Gift Card Value associated with such links will not be reissued, refunded, or restored under any circumstances, even if the link is lost, stolen, or redeemed by an unintended party.
Independence from On Me Services: When the user elects to deliver the gift themselves, they disengage from On Me's delivery infrastructure. On Me does not send reminders, verify receipt, or provide support to recipients in these cases. The user is solely responsible for ensuring successful delivery.
Finality of Transaction: Users acknowledge that the creation of a Gift Link and receipt of the associated Gift Card Value constitutes a completed transaction. Any consequences resulting from user error, negligence, or failure to ensure secure delivery rest entirely with the user.

9. Fees and Charges

Current Fee Structure: On Me currently does not charge fees for inactivity or dormancy. However, On Me reserves the right to introduce fees in the future with prior notice to users, in accordance with applicable laws.
Notification of Changes: Users will be notified of any fee changes in a manner consistent with legal requirements, such as via email or through our platform.

10. Amendments to Terms

Right to Amend: On Me reserves the right to amend these Terms at any time, at its sole discretion. Users will be notified of any changes, and continued use of the services after such notification will constitute acceptance of the revised Terms.

11. Termination and Suspension

Conditions for Termination: On Me may terminate or suspend user accounts at its sole discretion, including but not limited to violations of these Terms, failure to complete identity verification requests, fraudulent activity, or any actions deemed harmful to the Company or other users.
No Liability: On Me is not liable for losses resulting from account termination or suspension, including any loss of Gift Card Value (except as expressly provided in Section 17).

12. Governing Law and Jurisdiction

Jurisdiction: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from these Terms or the use of On Me's services will be resolved exclusively in the courts of Delaware.

13. Limitation of Liability

Comprehensive Limitation: On Me is not liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to the use of the platform, even if On Me has been advised of the possibility of such damages.
Liability Exemptions: On Me is not liable for unauthorized transactions, technical failures, or external factors beyond our control, including but not limited to service interruptions, data breaches, or fraudulent activity.
Social Features Liability Limitation: Without limiting the generality of the foregoing, On Me is not liable for: (a) the public display of Gift Content, sender information, or receiver information on Public Gift Feeds or any external platform in accordance with the visibility settings and license described in Sections 26 and 27; (b) any third-party use, sharing, screenshotting, caching, indexing, or redistribution of publicly displayed Gift Content or user information; (c) any emotional distress, reputational harm, loss of privacy, or other damages arising from the public display of gifts or user information that was designated as public or not untagged by the relevant user; (d) any content moderation decisions, including decisions to remove, restrict, or retain User Content; (e) any interactions between users facilitated through Social Features, including likes, flags, or other engagement; (f) the accuracy, completeness, or appropriateness of User Content posted by other users; or (g) any use of User Content in Marketing Materials or external distribution as described in Sections 26 and 27. Users assume all risk associated with the use of Social Features and the designation of gifts as public.

14. Dispute Resolution and Arbitration

Arbitration Clause: All disputes, claims, or controversies arising out of or relating to these Terms or the use of the platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Users waive the right to a trial by jury or to participate in class actions.
Enforcement: Arbitration awards may be enforced in any court with proper jurisdiction, and users agree to submit to the jurisdiction of such courts.

15. Indemnification

User Indemnification: Users agree to indemnify, defend, and hold harmless On Me, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including attorneys' fees) arising from or related to their use of the platform or violation of these Terms.
Social Features Indemnification: Without limiting the generality of the foregoing, you specifically agree to indemnify, defend, and hold harmless On Me from any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your User Content, including any claims that your User Content infringes or violates any third party's intellectual property rights, privacy rights, publicity rights, or any other rights; (b) your use of Social Features, including the designation of gifts as public and the consequences of such designation; (c) any breach of the representations and warranties you make in Section 27; (d) any dispute between you and another user arising from interactions on Social Features; and (e) On Me's use of your User Content in accordance with the license granted in Section 27, including use in Marketing Materials and external distribution.

16. No Cash Access

Non-Cash Redemption: Gift Card Value and Gift Cards cannot be redeemed for cash, except as required by applicable state laws. Users acknowledge that once a Gift Card Value is sent to a recipient's email or phone number, the recipient (or whoever has access to that email or phone number) has control over the Gift Card Value. Users must ensure that recipient information is accurate and secure. On Me will not provide refunds or reissue Gift Card Value if accessed by unintended recipients.

17. Finality of Transactions

No Refunds: All transactions involving the purchase and redemption of Gift Card Value are final. No refunds or exchanges will be provided unless required by law or specifically issued by On Me, at its sole discretion, in connection with the termination of an Account. Users should carefully review all transaction details before completing a purchase.

18. Entire Agreement

Supersession: These Terms, along with any other referenced documents, constitute the entire agreement between the user and On Me, superseding all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter of these Terms.

19. Customer Support

Contact Information: Users can contact On Me Gifting Inc.'s customer support team through the contact details provided on our website for any questions, issues, or concerns. Our support team is committed to providing assistance in a timely and effective manner.

20. Account Alerts and SMS Communications

Service Description: By enrolling to receive SMS messages from On Me, you agree to receive automated transactional text messages. These include one-time passcodes (OTPs) for signing in or signing up with an On Me account, notifications and alerts for purchases you make with On Me gift cards, and reminders. Message frequency varies based on your usage of On Me services.
Opt-Out Procedure: You can cancel the SMS service at any time by texting "STOP" to the short code from which you receive messages. After sending "STOP," we will send you a confirmation SMS message that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you wish to re-enroll, simply sign up again as you did initially, and we will resume sending SMS messages to you.
Support and Assistance: If you experience issues with the messaging program, you can reply with the keyword "HELP" for assistance, or contact us directly at support@onme.com.
Carrier Liability: Carriers are not liable for delayed or undelivered messages. On Me is not responsible for any issues arising from carrier-related delays or failures in message delivery.
Message and Data Rates: Standard message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages periodically, depending on your usage of On Me and On Me gift cards. If you have questions about your text plan or data plan, please contact your wireless provider.
Privacy: Your use of SMS communications is subject to our Privacy Policy, available at https://onme.com/privacy-policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information in connection with SMS services.
User Responsibility: You are responsible for ensuring that the phone number you provide for SMS communications is accurate and that you have proper authorization to receive messages at that number. You must promptly update your phone number if it changes to continue receiving SMS communications.

21. Force Majeure

Force Majeure: On Me Gifting Inc. shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, governmental actions, epidemics, pandemics, failures of telecommunications or internet services, or any other event that constitutes a force majeure event. In such circumstances, On Me may suspend or terminate the affected services without liability.

22. Assignment and Transfer of Rights

Assignment: On Me Gifting Inc. reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party, including but not limited to in the event of a merger, acquisition, sale of assets, or by operation of law. Users will be notified of any such assignment or transfer. Users may not assign or transfer their rights under these Terms without the prior written consent of On Me.

23. Disclaimer of Warranties

No Warranty: The services provided by On Me Gifting Inc. are offered on an "as-is" and "as-available" basis. On Me expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of affiliateability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing, usage, or trade. On Me does not warrant that the services will be uninterrupted, error-free, or completely secure, nor does it make any representations regarding the availability, accuracy, or reliability of the services.

24. Compliance with Laws and Regulations

Legal Compliance: Users agree to comply with all applicable local, state, federal, and international laws and regulations in connection with their use of On Me's services, including but not limited to laws governing financial transactions, consumer protection, privacy, and data security. On Me reserves the right to take any necessary action, including terminating or suspending services, to ensure compliance with applicable laws and regulations.

25. Severability

Severability Clause: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the remaining provisions of these Terms, and the invalidity, illegality, or unenforceability of that provision shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms shall remain in full force and effect.

26. Social Gifting Features and Public Gifts

This section governs your use of Social Features, including the ability to designate gifts as Public Gifts or Private Gifts, and the display of Public Gifts on Public Gift Feeds and other surfaces.

Public and Private Gift Designation: At the time of sending a gift, the sender selects whether the gift is a Public Gift or a Private Gift. This designation controls whether the gift and its associated Gift Content may be displayed publicly. Only gifts explicitly designated as Public Gifts will appear on Public Gift Feeds or other public surfaces. On Me will never change a Private Gift to a Public Gift without the sender's affirmative action.
Receiver Visibility Controls: If a gift is designated as a Public Gift, the receiver retains the right to untag themselves from the gift at any time. When a receiver untags themselves: (a) the Gift Content may remain on the Public Gift Feed, but the receiver's name, profile photo, and other identifying information will be removed from the public display; (b) the gift will display only the sender's information and the Gift Content without identifying the receiver; and (c) this action is reversible—the receiver may re-tag themselves at any time. Untagging does not affect the sender's visibility designation or On Me's rights to use the Gift Content as described in Section 27.
Account-Level Defaults: Users may set an account-level default visibility preference in their account settings that applies to all future gifts they receive. This default determines whether the user is automatically tagged or untagged on Public Gifts they receive, and can be overridden on a per-gift basis. New accounts default to public visibility for received gifts.
Precedence of Privacy Choices: If either the sender designates a gift as a Private Gift or the receiver untags themselves from a Public Gift, the receiver's identifying information will not be shown publicly. The most privacy-protective choice between sender and receiver will always prevail with respect to the receiver's identity.
Public Gift Feed Display: Public Gifts may appear on any and all of the following surfaces within and connected to the Services: (a) the main Public Gift Feed, visible to all users; (b) community or category-specific feeds (e.g., #GravelCycling, #FlyFishing) that users may follow; (c) individual user profile pages; (d) curated, trending, or featured sections highlighting popular, highly-rated, or editorially selected gifts; (e) search results within the Services; and (f) any other current or future surface, feature, or functionality of the Services where gift content is displayed. Public Gifts may include the sender's name, profile photo, username, gift message, media attachments, merchant name, gift card amount, like count, and time of sending. Receiver information is displayed only when the receiver has not untagged themselves and has a public visibility setting.
Interactions on Public Gifts: Users may interact with Public Gifts by liking them. Like counts and the identity of users who liked a gift may be visible to other users. On Me may use aggregated interaction data (such as total likes) to rank, sort, curate, or surface gifts in feeds and community sections. Users may also flag Public Gift content for review through a reporting mechanism.
Purchase Sharing and Gift Thread Content: When a receiver voluntarily shares content related to a gift—including photos, videos, thank-you notes, or purchase-sharing updates—this content becomes part of the gift thread and, if the gift is a Public Gift, may be visible on Public Gift Feeds and other surfaces. By posting purchase-sharing content on a Public Gift, you consent to its public display and to On Me's use of such content as described in Section 27. Receivers who have untagged themselves from a Public Gift will not have their purchase-sharing content displayed publicly on that gift.
External Display of Public Gifts: Public Gifts, including all associated Gift Content, sender information, and (where applicable) receiver information, may be displayed, shared, distributed, or otherwise made available outside of the Services, including but not limited to: (a) social media platforms (e.g., Instagram, Facebook, TikTok, X/Twitter, LinkedIn, YouTube, Pinterest, Snapchat, and any other current or future social media platform); (b) messaging platforms and applications (e.g., iMessage, WhatsApp, Messenger, SMS, and any other messaging service); (c) branded content, sponsored posts, and influencer or partnership materials; (d) digital and print advertising, including but not limited to banner ads, display ads, video ads, out-of-home advertising, and programmatic media; (e) email campaigns, newsletters, and push notifications; (f) press releases, media kits, and editorial content; (g) investor presentations, pitch decks, and business development materials; (h) app store listings, website content, and landing pages; (i) trade shows, conferences, events, and physical or digital signage; (j) co-marketing and partnership materials with third parties; and (k) any other medium, format, channel, or distribution method, whether now known or hereafter developed. By designating a gift as a Public Gift, the sender expressly and irrevocably consents to such external display and distribution.
Backfilled Gift Data: At the time of launching Social Features, On Me may populate Public Gift Feeds with historical gift data from gifts previously sent through the Services. All such backfilled gifts will be treated as receiver-private by default—meaning the receiver's name and identifying information will not be publicly displayed—unless the receiver affirmatively opts in to public visibility for those gifts.
No Expectation of Privacy for Public Gifts: By designating a gift as a Public Gift or by choosing to remain tagged on a Public Gift as a receiver, you expressly acknowledge and agree that you have no expectation of privacy with respect to the Gift Content, your associated profile information (name, profile photo, username), and any interactions or materials you contribute to that gift. You understand that such information may be viewed, shared, screenshot, cached, indexed, or otherwise accessed by any person worldwide, and that On Me has no obligation to control, restrict, or monitor third-party use of publicly displayed information.

27. User Content License and Rights Grant

This section describes the rights you grant to On Me when you create, upload, or share User Content through the Services.

License Grant: By creating, uploading, submitting, posting, or otherwise making available any User Content through the Services, you hereby grant to On Me Gifting Inc., Secure Gift Holdings LLC, and their respective successors, assigns, affiliates, subsidiaries, parents, licensees, and authorized third parties a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, transferable, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, broadcast, transmit, stream, communicate to the public, make available, digitally perform, and otherwise exploit your User Content, in whole or in part, in any form, format, media, or technology now known or hereafter developed, for any purpose whatsoever, including but not limited to:
- (a) displaying your User Content on Public Gift Feeds, user profiles, search results, and any other surface within the Services;
- (b) displaying, distributing, and promoting your User Content on social media platforms, including but not limited to Instagram, Facebook, TikTok, X/Twitter, LinkedIn, YouTube, Pinterest, Snapchat, and any other current or future platform;
- (c) incorporating your User Content into branded content, sponsored posts, influencer partnerships, and co-marketing materials;
- (d) using your User Content in all forms of advertising and marketing, including digital ads, print ads, video ads, out-of-home advertising, programmatic media, email campaigns, push notifications, SMS communications, and messenger-based marketing;
- (e) using your User Content in press releases, media kits, editorial content, blog posts, case studies, testimonials, and public relations materials;
- (f) using your User Content in investor presentations, pitch decks, business development materials, and corporate communications;
- (g) using your User Content on websites, landing pages, app store listings, and any other owned or operated digital properties;
- (h) using your User Content at trade shows, conferences, events, and on physical or digital signage;
- (i) sharing your User Content with third-party partners, distributors, licensees, and service providers in connection with the operation, promotion, or expansion of the Services;
- (j) creating derivative works, compilations, aggregations, highlight reels, montages, and curated collections that include your User Content; and
- (k) any other use, in any medium, format, or channel, whether now known or hereafter developed, that On Me deems appropriate in its sole discretion.
Scope and Duration: The license granted in this section is perpetual and irrevocable, meaning it survives any termination or deletion of your Account, any change in your visibility settings, any untagging action, and any withdrawal of consent. Even if you subsequently set a Public Gift to private, untag yourself, or delete your Account, On Me retains the right to continue using any User Content that was publicly available at any point during your use of the Services. This is necessary because User Content, once publicly distributed, may have been incorporated into Marketing Materials, shared by third parties, cached by search engines, or otherwise disseminated in ways that cannot be fully recalled.
Representations and Warranties: You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to grant the license described in this section; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or any other proprietary or personal rights; (c) your User Content does not contain any material that is defamatory, obscene, harassing, threatening, or otherwise unlawful; and (d) you have obtained all necessary consents from any individuals depicted, identified, or referenced in your User Content for the uses described in this section.
No Compensation: You acknowledge and agree that On Me is not obligated to provide any compensation, credit, attribution, or notice to you or any third party for the use of your User Content under the license granted in this section, regardless of how the User Content is used, where it is displayed, or how much commercial value it generates.
Waiver of Moral Rights: To the fullest extent permitted by applicable law, you irrevocably waive and agree not to assert any and all moral rights, including rights of attribution, integrity, disclosure, and withdrawal, and any other similar rights recognized under any applicable law of any country or jurisdiction, in connection with your User Content and On Me's exercise of the license granted in this section.
Profile Information in Connection with User Content: When On Me uses your User Content as permitted under this section, On Me may (but is not required to) display your name, username, profile photo, and other profile information in connection with such User Content. You consent to such display and acknowledge that your profile information may appear alongside your User Content in any of the contexts described above.
User Content of Others: You acknowledge that other users' Public Gift content and User Content may be displayed to you through the Services and that you may not copy, reproduce, distribute, or create derivative works from other users' content without their express permission or as otherwise permitted by law.

28. Content Standards and Moderation

This section describes the content standards that apply to User Content and On Me's right to moderate content.

Content Standards: All User Content, including Gift Content shared through Social Features, must comply with On Me's content standards and all applicable laws and regulations. User Content must not: (a) contain sexually explicit, pornographic, or obscene material; (b) promote or incite violence, terrorism, hatred, discrimination, or harm against any individual or group; (c) contain threats, harassment, bullying, or intimidation; (d) infringe any third party's intellectual property, publicity, privacy, or other proprietary rights; (e) contain false, misleading, or deceptive information; (f) promote illegal activities, including but not limited to drug use, fraud, or money laundering; (g) contain malware, viruses, or other harmful code; (h) impersonate another person or misrepresent your affiliation with any person or entity; (i) contain spam, unsolicited advertising, or promotional content unrelated to gifting; or (j) otherwise violate these Terms or any applicable law or regulation.
Automated Content Moderation: On Me employs automated content safety tools, including AI and machine learning-based classifiers, to scan User Content (including text, images, GIFs, voice notes, and videos) for potentially harmful, illegal, or inappropriate material before and after it is displayed publicly. Content that is flagged by automated systems may be removed, restricted, or held for manual review at On Me's sole discretion.
User Reporting: Users may flag any User Content that they believe violates these content standards, applicable laws, or community guidelines. On Me will review flagged content and take appropriate action, which may include removal of the content, restriction of the content's visibility, warning the posting user, or suspension or termination of the posting user's Account.
Right to Remove Content: On Me reserves the unrestricted right to remove, restrict, disable, or refuse to display any User Content for any reason, at any time, and without prior notice or liability. On Me is not obligated to review, monitor, or moderate all User Content but reserves the right to do so.
Consequences of Violations: Users who violate these content standards may have their content removed, their Account suspended or terminated, and their access to Social Features restricted, at On Me's sole discretion. On Me reserves the right to report violations to law enforcement authorities and to cooperate fully with any investigation. Repeated or severe violations may result in permanent termination of the user's Account and forfeiture of any remaining Gift Card Value, to the extent permitted by applicable law.
No Liability for Content Moderation Decisions: On Me is not liable for any decisions to remove, restrict, or retain User Content, or for any failure to remove content that a user finds objectionable. Content moderation is performed on a best-efforts basis, and On Me does not guarantee that all prohibited content will be detected or removed.

By using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms, you must discontinue using our services immediately.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: support@onme.com

Acceptance of Terms

Your continued use of our services after the posting of any changes to these Terms will constitute your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed about any updates or modifications.