GiftBetter

Terms of Use

Last revised: June 2026


Welcome to GiftBetter. These Terms of Use (“Terms”) are a binding agreement between you and GiftBetter, Inc., a Delaware corporation (“GiftBetter,” “we,” “us,” or “our”). They govern your access to and use of the GiftBetter.com website and any other website we operate (each, a “Site”), our mobile applications, and the products, features, and services we make available through them, including any features offered through third-party integrations (all of the foregoing, including the Sites, being, collectively, the “Services”). “You” means any person who accesses or uses the Sites or Services, whether as a purchaser of a gift, a recipient of a gift, a merchant, a partner, or a visitor.


Please read these Terms carefully. By accessing or using the Sites or Services — including by purchasing, sending, receiving, redeeming, or loading a GiftBetter gift or gift card — you agree to these Terms. If you do not agree, do not use the Sites or Services.

Important notices. These Terms describe how GiftBetter works, how purchases, gifts, and redemptions are handled, and how disputes are resolved. They also include important limitations on GiftBetter’s liability and time limits for bringing certain legal claims. Please review the sections titled “Disclaimers,” “Limitation of Liability,” “Release,” “Time Limit on Claims,” and “Governing Law; Venue.”


If you use the Services without creating a GiftBetter account, the provisions of these Terms that are specific to accounts do not apply to you, but all other provisions do.

1. Eligibility and Accounts

You must be at least 18 years old to use the Services. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.


Some features require a GiftBetter account. You may be able to create an account using an email magic link, a social login, or another method we support, and we may require multi-factor authentication. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at support@GiftBetter.com if you suspect unauthorized use of your account.


You agree to provide accurate, current, and complete information when you register and to keep it up to date. We may refuse, suspend, or terminate any account at our discretion as described in these Terms.

2. How GiftBetter Works

GiftBetter gifts, cards and credits

GiftBetter gifts, cards and credits are “closed loop” or “merchant branded.” That means that they are redeemable exclusively at a particular business or affiliated group of businesses (or a particular nonprofit, in the case of donation gifts). Except in the case of physical cards, GiftBetter gifts, cards and credits are issued as URL codes, credits or tokens associated with a designated monetary value. GiftBetter gifts, cards and credits purchased by you on a single day for any one recipient may not exceed $2,000. Except where the context requires otherwise, references in these Terms to “gifts” or to “cards” or “gift cards” include gifts, cards and credits.

GiftBetter is a marketplace, not the merchant

GiftBetter operates a marketplace that lets purchasers buy gifts and gift cards — in digital or physical form — and lets recipients redeem them at participating merchants. GiftBetter operates solely as a facilitator of these transactions; we do not ourselves sell the underlying goods or services that a merchant gift card can be used to buy, and we do not control a merchant’s inventory, pricing, redemption rules, or fulfillment.

Purchasers

As a purchaser, you can fund a gift and either direct it to a specific merchant or fund GiftBetter credit (“GiftBetter Credit”) that the recipient can later apply to a merchant of their choice. You can choose digital delivery (by email or SMS) or physical cards, customize the gift with a message or media, set an amount, apply any rules or restrictions we make available, and schedule delivery.


You are responsible for entering recipient information accurately, including names, email addresses, phone numbers, and amounts. GiftBetter is not responsible for a gift that is delayed, misdirected, or undeliverable because of inaccurate recipient information you provided.

Recipients and GiftBetter Credit

If you receive a GiftBetter gift, you can redeem it for a gift card at a participating merchant, subject to availability and to that merchant’s terms. GiftBetter Credit is a balance, denominated in U.S. dollars, that lets the recipient obtain merchant gift cards from participating merchants through the Services. It has no cash value except as required by law, does not bear interest, and is not a deposit, bank account, or general-purpose payment instrument.

Funding and settlement

For GiftBetter Credit, we do not charge the purchaser’s payment method at the time of purchase. We verify the payment method at purchase and charge it when the recipient applies the Credit to a merchant they choose, as described in Section 3. We may verify, authorize, or place a temporary hold on a payment method, and may decline, delay, or hold a redemption to prevent fraud or where a payment method cannot be charged.

Redemption and possession

To make redemption fast, we may allow a gift to be redeemed by the person who possesses the gift link or code without first logging in, and may prompt that person to create or sign in to an account afterward. You are responsible for safeguarding any gift link, code, QR code, or card you receive. Treat them like cash: GiftBetter is not responsible for loss, theft, misuse, or unauthorized redemption of a gift, link, code, or card after it has been delivered to you.

Physical Cards

Physical cards may be shipped pre-loaded or blank. You are responsible for entering recipient information (including names, email addresses, phone numbers, and amounts, as applicable) and delivery information and instructions accurately. GiftBetter is not responsible for a gift that is delayed, misdirected, or undeliverable because of inaccurate recipient or delivery information and instructions you provided. You are responsible for the security of a physical card and any code printed on or associated with it once it is delivered.

Gifts Are Subject to Merchant Terms

When you redeem GiftBetter Credit or a GiftBetter gift, GiftBetter facilitates the issuance of a gift card from, or on behalf of, the participating merchant or its gift card issuer. That merchant gift card is issued by the merchant or its issuer — not by GiftBetter — and is subject to the merchant’s and issuer’s own terms and conditions, including any terms regarding value, expiration, fees, usage restrictions, geographic limitations, returns, and redemption. GiftBetter does not control and is not responsible for those terms, for a merchant’s acceptance or honoring of a gift card, or for the goods or services a merchant provides. Any dispute about a merchant gift card, or about goods or services purchased with it, is between you and the merchant or issuer.


Images, descriptions, denominations, and merchant availability shown in the Services are for convenience and may change without notice. We do not guarantee that any particular merchant, denomination, or offer will be available at any given time.

Nonprofit Donations

Where we offer it, a gift may take the form of directing funds to a participating nonprofit as a donation rather than as a redeemable gift card. Donation gifts are subject to the nonprofit’s own terms and conditions. GiftBetter does not control and is not responsible for those terms, and any dispute about a donation gift is between you and the nonprofit. GiftBetter is not a charity, does not provide tax advice, and does not guarantee the tax treatment of any donation; consult your own advisor.

Final Sale

Except where required by law or where we state otherwise in writing, purchases of gifts, funded gifts, and redemptions of gifts and completed purchases are final, non-cancelable, and non-refundable.. Before a gift is delivered, you may be able to cancel or edit it through the Services; once it is delivered, you may not.

Taxes

You are solely responsible for any taxes, charges, fees, levies, imposts, duties, and other assessments of a similar nature imposed by any governmental or taxing authority (including sales, use and analogous taxes, to the extent applicable) arising from your use of the Services, including from the purchase, delivery, activation, or redemption of any gift.

Third-Party Providers

We rely on third-party service providers — including payment processors, banking partners, gift card issuers, point-of-sale platforms, communications providers, and merchants (collectively, “Third-Party Providers”) — to deliver the Services. We may share information with them as needed to provide and improve the Services and to process and fulfill transactions. We are not responsible for the acts, errors, or omissions of any Third-Party Provider, or for any merchant’s goods, services, or gift cards.

Lost or Destroyed Cards/Links

Gifts other than Physical Cards

If you notify us promptly and within a reasonable timeframe—not to exceed thirty (30) days from the date of original delivery—that a gift other than a physical card has been lost, accidentally deleted, or destroyed, GiftBetter will use commercially reasonable efforts to assist you in attempting to recover, reissue, or replace the affected item. Our ability to assist depends heavily on the policies of the third-party merchant or gift card issuer and whether the underlying funds have already been spent. GiftBetter does not guarantee that recovery or reissuance will be successful, and we assume no liability if a merchant refuses to replace a lost card or link.

Insolvency of gift card issuers and others

GiftBetter operates solely as a facilitator and we do not guarantee the solvency or continued operations of any gift card issuer, supplier, merchant, nonprofit partner or other third party. If any such party becomes insolvent, ceases operations, or otherwise refuses or fails to honor a Reward or gift card, GiftBetter has no obligation to replace the Reward, issue a refund, or return any funds.

Physical Cards

Physical cards that have been lost, accidentally deleted, or destroyed cannot be recovered, reissued or replaced.

3. Payments and Authorizations

When you make a payment through the Services, you authorize us and our payment processors to charge your selected payment method for the amount of your order, including any applicable fees, shipping, and taxes, at the time described below or disclosed to you at purchase.


For GiftBetter Credit and any gift where the merchant is chosen at redemption rather than at purchase, you authorize us and our payment processors to charge your payment method at the time of redemption, and to store your payment credentials until then for that purpose. We will disclose the timing of the charge to you when you purchase. If your payment method cannot be charged at redemption, we may decline or hold the redemption.


Any funds we hold for the benefit of users may be held by our banking partner in a custodial (“for benefit of”) account; such amounts are not insured deposits and do not earn interest for you. GiftBetter Credit represents a right to obtain merchant gift cards through the Services and is not a deposit, bank account, or general-purpose payment instrument. To the extent we hold any unspent balance for you, it is handled in accordance with applicable unclaimed-property (escheatment) laws; we do not retain unspent balances as breakage revenue except as permitted by law.


We may impose limits on purchases, redemptions, and transaction velocity, and may decline, hold, or reverse a transaction, to comply with law, to manage risk, or to prevent fraud or other prohibited activity. These limits may change without notice.


If GiftBetter determines that a clear processing or platform error solely attributable to GiftBetter caused funds you paid not to be properly reflected in a gift, GiftBetter Credit balance, or completed transaction, GiftBetter will investigate and, if appropriate, use commercially reasonable efforts to correct that error.


When you buy a gift that you direct to a specific merchant at the time of purchase, your payment obligation to that merchant is satisfied when GiftBetter or its payment processor receives your funds. You bear no risk of loss if GiftBetter does not remit those funds to the merchant; in that event, the merchant looks to GiftBetter, not to you.

4. Compliance, Fraud Prevention, and Sanctions

You agree that your access to and use of the Services, and the purchase, funding, delivery, receipt, activation, and redemption of any gift, gift card, or credit (and any related payments), will comply with all applicable laws and regulations.


You represent and warrant that you are not, and are not acting on behalf of any person who is: (a) identified on any sanctions or export-control list maintained by the U.S. government or any of its agencies; or (b) located, organized, or ordinarily resident in any country or territory that is subject to comprehensive U.S. sanctions or embargoes.


You agree that you will not purchase or order, or join with others in purchasing or ordering, on any single day for any one recipient, gifts, cards or credits in excess of $2,000.


To protect users and comply with applicable law, we and our Third-Party Providers may verify your identity, screen transactions, monitor for suspicious or fraudulent activity, and take action that we deem appropriate, including holding, reversing, declining, or reporting transactions, and suspending or terminating accounts. Prohibited activity includes using the Services to launder money, to test stolen payment credentials, to resell or liquidate gift cards for cash in a manner that violates applicable law or these Terms, to structure transactions to evade limits, or to engage in any other unlawful conduct.

5. SMS and Mobile Messaging

If you provide your mobile number, receive a gift by SMS, or otherwise opt in to text messaging, you consent to receive SMS/text messages from us and our Third-Party Providers in connection with your gifts and your use of the Services — even if your number is registered on any state or federal “Do Not Call” list. These messages may be sent using different phone numbers or short codes. Message frequency varies, and message and data rates may apply. You are responsible for any charges imposed by your mobile carrier. You consent to our sharing your mobile number with Third-Party Providers as needed to deliver and support your gifts.


Opting out. You may opt out of SMS messages at any time by replying “STOP” to any message you receive from us. We will send a confirmation that you have been unsubscribed. You may continue to receive messages for a short time while we process your request. Opting out will not affect a gift link that was already delivered to you by SMS, and you acknowledge that a gift delivered by SMS may ultimately be redeemable only by email or in the app.


Availability. SMS messaging is provided on an “as-is” basis and may not be available in all areas, at all times, or on all carriers. Neither we nor our Third-Party Providers make any warranty regarding message delivery, and neither will be liable for any failed, delayed, or misdirected message or for any error in a message sent through the Services.

6. Acceptable Use

You are responsible for your conduct, your content, and your communications on the Services, including any activity under your account. You agree not to:

  • Break the law or violate rights — engage in any unlawful activity, or infringe the intellectual property, privacy, publicity, or other rights of GiftBetter or anyone else.
  • Post prohibited content — upload or transmit anything that is illegal, abusive, harassing, threatening, defamatory, obscene, sexually explicit, hateful, or otherwise objectionable, as determined by GiftBetter in its reasonable discretion (“Objectionable Content”).
  • Abuse our infrastructure — introduce viruses or malware; use bots, scrapers, or other automated means to access the Services; circumvent security or access controls; or place an unreasonable load on our systems.
  • Commit fraud or deception — impersonate any person or entity, phish, or collect others’ sensitive information such as passwords, payment credentials, or government identifiers.
  • Misuse for prohibited commercial purposes — use the Services to send spam, to build or benefit a competing product or service, or for any unauthorized commercial purpose.
  • Reverse engineer or copy — modify, decompile, reverse engineer, or copy any part of the Services’ software, code, or databases, except to the extent this restriction is prohibited by law.
  • Misuse intellectual property — use GiftBetter’s or any third party’s trademarks, copyrights, or proprietary notices without authorization.
  • Disrupt the Services — interfere with the integrity, performance, or security of the Services or the data they contain.

You also may not attempt, encourage, or help anyone else to do any of the above. Violating this section may result in immediate suspension or termination of your access to the Services.

7. Content and Reporting

Zero tolerance for child sexual abuse material. GiftBetter has zero tolerance for child sexual abuse material and will report any such content, and the user responsible for it, to the appropriate authorities and to the National Center for Missing & Exploited Children as required by law.


Where the Services let users post content, we provide a way to report content as objectionable. After receiving a report, we will review the reported content and, if we determine it is Objectionable Content, we will remove it within a reasonable time and may suspend or terminate the responsible user.


All text, photos, media, and other content originated by users (“Content”) is the responsibility of the person who created it. GiftBetter does not have a special relationship with you or a fiduciary duty to you, and we make no representation about the accuracy or reliability of any Content. We do not control which users access the Services, what Content you encounter, how it may affect you, or what you do as a result.


We may, in our discretion and without notice, remove, edit, block, or refuse any Content for any reason, including to address a violation of these Terms or a third-party claim. We may access, preserve, and disclose information when we reasonably believe it is necessary to comply with law, enforce these Terms, prevent fraud or security issues, or protect the rights, property, or safety of GiftBetter, our users, or the public.

8. Your Information and License

“Your Information” means the Content you submit through the Services (“User Content”) together with the data you provide or that we collect about your use of the Services, including your personal information. Our handling of your personal information is described in the GiftBetter Privacy Policy, available at https://GiftBetter.com/privacy-policy. By using the Services, you agree to the Privacy Policy and to the collection and use of data as described in it.


You grant GiftBetter a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, modify, adapt, and display Your Information as needed to operate, provide, and improve the Services, including to deliver gifts and the messages and media you add to them. This license extends to our Third-Party Providers to the extent necessary to provide the Services. The license continues for as long as we retain Your Information consistent with the Privacy Policy and applicable law.


You represent and warrant that: (a) you own or have the rights necessary to grant the license above; (b) you have paid and will pay any amounts owed in connection with your User Content; and (c) your User Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party.

9. Data Security

We take technical and organizational measures designed which we believe to be reasonable and appropriate in order to protect the Sites and Services (and the data therein) from unauthorized access or processing. However, GiftBetter does not warrant that: (a) the Sites or Services will be secure, uninterrupted, or available at any particular time or location; (b) any defects or errors will be corrected; (c) the Sites, the Services or Content are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

10. Business, Partner, and Reseller Buyers

If you access or participate in the Services with or through an organization, including a company employer, business, partner, reseller, or other enterprise customer (an “Organization”) — for example, by purchasing gifts or credits in bulk or for distribution to the organization’s employees, customers, or recipients — you represent that you are authorized to bind that Organization, and “you” includes that Organization. Such use may be subject to a separate written agreement between GiftBetter and your organization. If there is a conflict between that agreement and these Terms, the separate agreement controls for the subject matter it covers.


Where an Organization utilizes the Services to distribute gifts, credit, or communications to its employees, customers, or designated recipients, GiftBetter acts strictly as a service provider executing instructions on behalf of such organization and the Organization is solely responsible for its own compliance obligations with respect to those recipients, including any applicable consent, privacy, and anti-money-laundering and know-your-customer requirements that apply to its program. Consequently, in such circumstances, the allocation, management, restriction, and deletion of user accounts or user data, as well as all rights, title, and interest in and to any user-generated content, communications, or media uploaded by such recipients (including complete and exclusive corporate ownership and intellectual property rights therein), are subject entirely to the Organization’s internal policies and the Organization shall be solely responsible for all of the foregoing and for handling all individual user disputes, claims of intellectual property infringement, data privacy breaches, or compliance claims arising therefrom. GiftBetter disclaims all liability and has no responsibility or obligation with regard to the foregoing and shall not be held liable for following the Organization’s policies or instruction, or for any of the Organization’s acts or omissions.


GiftBetter reserves the right to immediately suspend or terminate any individual recipient’s access to the Services at any time upon the lawful or requested direction of the distributing organization, or otherwise in accordance with these Terms, without notice or liability to the end-user.

11. Third-Party Sites and Services

The Services may link to third-party websites, services, or resources, and third parties may link to the Sites. We do not control and are not responsible for the content, accuracy, legality, or practices of any third party. Your use of any third-party site or service is at your own risk and subject to that third party’s terms. A link does not imply our endorsement of, or association with, the third party.

12. Intellectual Property

The Services contain content provided by GiftBetter, merchants, gift card issuers, and others, which is protected by copyright, trademark, patent, and other laws. You agree to honor all copyright and other proprietary notices and restrictions in any content you access through the Services.


“GiftBetter,” the GiftBetter logo, and related names and logos are trademarks of GiftBetter. You may not use them without our prior written permission. All other trademarks shown in the Services belong to their respective owners, and you may not use them without the owner’s permission.


As between you and GiftBetter, we own all right, title, and interest in and to the Services, including all underlying software, APIs, and functionality, and all information, output, and data generated, collected, or compiled by or through the Services, other than your User Content (collectively, “GiftBetter Content”). GiftBetter may create, compile, generate, and use aggregated, coded, anonymized, or de-identified data that cannot reasonably be linked to you or any individual, together with the results of its analytical processing and any compilations or derivative works created from it (collectively, “NPID Assets”). GiftBetter exclusively owns all NPID Assets and may use and share them for any lawful business purpose, including producing aggregated or cohort-level insights and reporting, in each case in a form that does not identify you individually. Your use of the Services does not grant you any ownership rights. We reserve all rights not expressly granted in these Terms and will enforce our intellectual property rights to the fullest extent permitted by law.

13. Copyright Infringement (DMCA)

If you believe that any content on the Platform infringes your copyright, you may request removal by sending a written notice to our Designated Copyright Agent at support@GiftBetter.com. Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe was infringed; (c) identification of the material on our Platform that you claim is infringing, with enough detail so we can locate it; (d) your contact information (address, telephone number, and email); (e) a statement that you have a good faith belief that the use of the material is not authorized; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. Upon receipt of a valid notice, we will respond expeditiously to remove or disable access to the allegedly infringing content.

14. Disclaimers

The Sites, the Services, and all Content are provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, GiftBetter disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.


Your use of the Services is at your sole risk. We make no warranty regarding any merchant, gift card, issuer, or third-party provider, or the goods or services they provide.


GiftBetter is not responsible for any failure or delay in performance resulting from causes beyond its reasonable control, including mechanical, electronic, communications, or third-party failures.


No guarantee of confidentiality (18 U.S.C. §§ 2701–2711). GiftBetter does not guarantee the confidentiality or privacy of any communication or information transmitted through the Sites or Services or any linked site, and will not be liable for the privacy of email addresses, registration information, communications, or other content stored on or transmitted through our systems in connection with your use of the Services.


Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

To the maximum extent permitted by law, GiftBetter and its directors, officers, affiliates, employees, agents, suppliers, partners, and vendors (the “GiftBetter Parties”) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, directly or indirectly arising out of or relating to the Sies, the Services, or these Terms, even if advised of the possibility of such damages.


To the maximum extent permitted by law, the total aggregate liability of the GiftBetter Parties for all claims directly or indirectly arising out of or relating to the Sites, the Services, or these Terms will not exceed the greater of: (a) one hundred U.S. dollars ($100); or (b) the actual funds paid by you to GiftBetter for the specific, unfulfilled transaction giving rise to the claim, provided that such funds have not yet resulted in a finalized reward or completed redemption under Section 2 and cannot be utilized solely due to a platform or processing error attributable to GiftBetter.


Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Release

Transaction parties
GiftBetter facilitates transactions involving merchants, gift card issuers, payment processors, communications providers, nonprofit partners, and other third parties (each a “transaction party”) , but is not a party to the underlying purchase, redemption, donation, or merchant or other transaction (each a “transaction”) between you and any such transaction party. If you have a dispute with a transaction party relating to a transaction or alleged transaction, or any promotion or offer made available or alleged to be made available through the Services or any other matter directly or indirectly arising out of or relating to the Sites, the Services or these Terms, that dispute is solely between you and the applicable transaction party; and to the maximum extent permitted by law, you release the GiftBetter Parties from all claims, demands, and damages, known or unknown, directly or indirectly arising out of or relating to any such dispute.


General
In addition, You release the GiftBetter Parties from all liability arising out of your access to or use of the Sites or Services, including any liability relating to whether you did or did not acquire any gift, gift card, credit, or Content through the Services except to the extent directly caused by the gross negligence, willful misconduct or breach of these Terms by GiftBetter.

This Section does not limit the application of the disclaimers, exclusions, and liability limitations set forth elsewhere in these Terms, including without limitation Section 15.


California residents. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17. Indemnification

You agree to indemnify, defend, and hold harmless the GiftBetter Parties from any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use or misuse of the Sites or Services or any Content; (b) your violation of any law or the rights of any third party; or (c) your breach of these Terms. This indemnity is in addition to any other rights and remedies (including without limitation rights to indemnity, release and exoneration) provided GiftBetter under these Terms or available to GiftBetter at law or in equity.

18. Suspension and Termination

We may suspend or terminate your access to all or part of the Services at any time, including without limitation if we believe you have violated these Terms, engaged in fraud or abuse, created a risk of harm to GiftBetter, our users, or any third party, or where suspension or termination is needed to comply with law or a lawful request from a government authority or If you access or participate in the Services with or through an organization, including an employer, business, partner, reseller, or other enterprise customer from the organization. Where feasible, we will try to provide notice before the suspension or termination takes effect. We may also suspend, restrict, or discontinue all or part of the Services for lawful business, security, or operational reasons. Termination may result in the loss of access to your account and Your Information, subject to the deletion process below and to any retention required or permitted by law. Following termination, we will continue to provide recipients support for gifts that have already been delivered.


Deleting your account. You may delete your account at any time through the settings page on the Site or in the GiftBetter app. After you delete your account, your publicly visible User Content and profile will be removed within a reasonable time. Content you previously shared with others may remain visible to them. If you send us a written request, we will take reasonable steps to make such shared Content unidentifiable where feasible.


We may retain certain information from closed accounts to comply with law, prevent fraud, collect amounts owed, resolve disputes, troubleshoot, assist investigations, and enforce these Terms. Any unused GiftBetter Credit at the time of closure is handled in accordance with applicable law, including unclaimed-property laws.
All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, license grants, disclaimers, limitations of liability, release, indemnification, and the dispute provisions below.

19. Failed Payments, Chargebacks, and Clawback Rights

If any payment you owe under these Terms (including a card charge, ACH transfer, or wire) fails, is reversed, or is subject to a chargeback — including a charge made at redemption — after GiftBetter has issued or enabled a gift, gift card, or GiftBetter Credit, GiftBetter may, in its discretion, without prior notice, and to the extent permitted by law: (a) suspend your access to the Services; (b) deactivate, cancel, or freeze any affected gift, gift card, or unused GiftBetter Credit associated with your account or sent to a recipient; and (c) offset and recover the amount of the failed or reversed payment, plus any related bank fees or penalties incurred by GiftBetter, from any balances or amounts GiftBetter holds for you or owes you. You remain liable for any remaining deficiency.

20. Time Limit on Claims

To the extent permitted by law, any claim or cause of action arising out of or relating to the Sites, the Services, or these Terms must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

21. Governing Law; Venue

These Terms are governed by the internal laws of the State of Missouri, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in the City of St. Louis or St. Louis County, Missouri. You consent to the exclusive jurisdiction of those courts, agree to accept service of process by mail, and waive any objection to venue or personal jurisdiction in those courts.


A printed version of these Terms and of any notice given electronically will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business records originally generated and maintained in printed form.

22. Changes to These Terms and the Services

We may modify or replace these Terms, and may change, suspend, or discontinue any part of the Services (including any feature or content), at our discretion. The current version is available at https://GiftBetter.com/terms-of-use. When we make material changes, we will update the “Last revised” date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect means you accept the revised Terms. Please review them periodically.

23. General

Entire agreement; severability. These Terms are the entire agreement between you and GiftBetter regarding the Services and supersede all prior or contemporaneous communications and proposals on that subject. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary so that the remaining Terms stay in effect.


No waiver. Our failure to enforce any right or provision is not a waiver of that or any other right or provision.


Assignment. These Terms are personal to you and may not be assigned or transferred by you without our prior written consent. We may assign or transfer our rights and obligations without restriction. No agency, partnership, joint venture, or employment relationship is created by these Terms.


Notices. Unless otherwise specified, notices under these Terms will be in writing and deemed given: when received, if delivered personally or by certified or registered mail (return receipt requested); when electronically confirmed, if sent by email; or the next business day, if sent by a recognized overnight courier.

24. Contact Us

Questions about these Terms can be sent to us at support@GiftBetter.com.