---
title: Terms and Conditions
description: BizGift's conditions and terms.
---

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# Terms & Conditions

# BizGift Subscriber Terms & Conditions

**Effective Date:** 9/8/2026  
**Last Updated:** 9/8/2026

These Subscriber Terms & Conditions ("Terms") govern the use of the BizGift platform, website, applications, services, gift-card products, and related services provided by BizGift™ ("BizGift," "Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between BizGift and the person or entity purchasing, ordering, funding, administering, or otherwise using the BizGift Services ("Subscriber," "you," or "your").

By creating an account, placing an order, funding a Gift Value Deposit, activating or distributing BizGift Cards, or otherwise accessing or using the BizGift Services, you acknowledge that you have read, understood, and agreed to these Terms, together with BizGift's Privacy Policy and any other policies incorporated by reference.

If you access or use the BizGift Services on behalf of a company, business, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that circumstance, "Subscriber" includes both you individually and the entity on whose behalf you act.

## 1. Definitions

For purposes of these Terms:

**"BizGift Card"** means a physical or digital card issued or distributed through the BizGift platform that provides an eligible Recipient with the ability to Activate and Redeem a specified Gift Value through the BizGift Marketplace.

**"Activation" or "Activated"** means the action completed by a Recipient through the BizGift platform during the applicable Activation Period, including completion of the required online activation form and any required account establishment or verification. Activation occurs when the Recipient successfully completes the activation process prescribed by BizGift, at which time the applicable Gift Value associated with the BizGift Card is moved from the Subscriber's Gift Value Deposit to BizGift's storage account for the applicable Recipient pending Redemption.

**"Activation Date"** means the date on which a Recipient successfully Activates a BizGift Card.

**"Activation Period"** means the period during which a Recipient may complete the Activation process for a BizGift Card, as established by BizGift for the applicable card program, order, promotion, or campaign.

**"Available Reward"** means a Gift Value that has become available for Redemption following Activation.

**"Face Value"** means the full dollar amount of the Gift Value assigned to the applicable BizGift Card and designated to be made available to the Recipient for Redemption, subject to Subscriber's obligation to maintain sufficient cleared funds as provided in these Terms.

**"Gift Value"** means the dollar amount assigned to a BizGift Card by the Subscriber.

**"Gift Value Deposit"** means funds deposited by Subscriber with BizGift for the purpose of satisfying Activated BizGift Card obligations under the Pay-on-Activation model.

**"Marketplace"** means the collection of participating Merchants and gift-card products made available through the BizGift platform.

**"Merchant"** means a third-party retailer, business, service provider, or other entity whose gift card or reward product is made available through the Marketplace.

**"Recipient"** means an individual designated by Subscriber to receive a BizGift Card.

**"Redemption" or "Redeemed"** means the action completed by a Recipient through the BizGift platform when the Recipient selects a Merchant from the Marketplace for purposes of receiving the applicable Merchant gift card or reward product. Upon Redemption, the applicable Gift Value is released or moved from BizGift's storage account for fulfillment of the Recipient's selected Merchant gift card or reward.

**"Redemption Period"** means the eighteen (18) month period beginning on the Activation Date during which a Recipient may Redeem an Activated BizGift Card, unless a different period is expressly required by applicable law.

**"Services"** means the BizGift website, platform, applications, account services, card production, distribution, Activation, Redemption, Marketplace, reporting, and related services.

**"Subscriber Account"** means the account established by Subscriber to access and use the Services.

**"Subscriber Content"** means all information, artwork, logos, photographs, messages, graphics, data, trademarks, and other content submitted by Subscriber to BizGift.

**"Unused Deposit"** means funds remaining in a Subscriber's Gift Value Deposit that have not been transferred in connection with an Activated BizGift Card or otherwise become payable to BizGift under these Terms.

## 2. Account Registration and Responsibility

Subscriber must provide accurate, complete, and current information when establishing an account and must promptly update such information when it changes.

Subscriber is responsible for maintaining the confidentiality of its account credentials and for all activity occurring through its Subscriber Account.

Subscriber agrees to promptly notify BizGift of any unauthorized use of its account or any other security incident involving the Services.

BizGift may reject an application, restrict access, suspend an account, or terminate Services in its reasonable discretion if BizGift believes that:

1. Subscriber has violated these Terms;
2. Subscriber has provided inaccurate or misleading information;
3. Subscriber's use of the Services presents a legal, regulatory, security, Merchant, or reputational risk;
4. suspension is required by law or governmental authority; or
5. suspension is reasonably necessary to protect BizGift, its customers, Recipients, Merchants, or the Services.

## 3. Eligibility

Subscriber represents and warrants that:

1. Subscriber is at least eighteen (18) years old;
2. Subscriber has authority to enter into these Terms;
3. Subscriber will use the Services only for lawful purposes;
4. Subscriber will comply with all applicable federal, state, and local laws and regulations; and
5. all information supplied to BizGift is accurate and lawfully obtained.

## 4. BizGift Services and Pay-on-Activation

BizGift provides an activation-based gifting platform that permits Subscribers to distribute personalized BizGift Cards to Recipients.

BizGift's Pay-on-Activation model permits Subscribers to purchase physical cards and maintain a Gift Value Deposit without paying the full aggregate value of all cards distributed. The Gift Value associated with a particular BizGift Card is generally moved from the applicable Gift Value Deposit to BizGift's storage account only after the Recipient Activates the BizGift Card.

Subscriber acknowledges and agrees that Subscriber is responsible for providing the full Face Value of each BizGift Card that becomes available for Redemption. Subscriber is not purchasing, entitled to receive, or otherwise acquiring any right to any discounted wholesale rate, discount, rebate, margin, commission, incentive, credit, or other economic benefit that BizGift may obtain from a Merchant, wholesaler, distributor, supplier, or other third party.

Any discount or other economic benefit obtained by BizGift in connection with the acquisition, fulfillment, or provision of a Merchant gift card or reward product is and shall remain the sole and exclusive property of BizGift. Subscriber's obligation is to provide the applicable Face Value, together with any applicable fees, taxes, and charges under these Terms. Subscriber shall have no right, title, interest, claim, or entitlement to any wholesale discount or other economic benefit obtained by BizGift.

BizGift does not guarantee that every Recipient will Activate or Redeem a BizGift Card.

Subscriber acknowledges that the Pay-on-Activation model does not constitute an indefinite obligation by BizGift to maintain an unactivated reward, Activated reward, Gift Value Deposit, storage account balance, or Subscriber Account indefinitely.

## 5. Gift Value Deposits

Subscriber may fund its Gift Value Deposit using payment methods made available by BizGift.

Subscriber acknowledges and agrees that the Face Value associated with any BizGift Card is contingent upon and subject to Subscriber funding the applicable Gift Value Deposit with sufficient cleared funds before the Recipient Redeems the BizGift Card.

Funds deposited for future Activations will not earn interest or other compensation for Subscriber.

Funds remaining in a Subscriber's Gift Value Deposit that have not been transferred in connection with an Activation or otherwise become payable to BizGift may be refunded to Subscriber upon request, subject to the One Hundred Eighty-Nine Dollar ($189.00) refund processing fee provided in these Terms.

Any refund shall be limited to the amount of the Unused Deposit remaining in the Subscriber's Gift Value Deposit after deduction of the applicable refund processing fee, account closure fee, amounts previously transferred in connection with Activated BizGift Cards, amounts otherwise owed to BizGift, chargebacks, payment-processing expenses, or other properly applicable charges.

Unless otherwise expressly stated in a written agreement, deposited funds are intended solely to satisfy obligations associated with BizGift Cards and may not be transferred between Subscribers.

BizGift may require that sufficient cleared funds be available before an Activated BizGift Card can be fulfilled or Redeemed.

BizGift is not responsible for an inability to fulfill or Redeem an Activated BizGift Card caused by insufficient cleared funds in the Subscriber's Gift Value Deposit.

Subscriber acknowledges that payment processing may be performed by third-party payment processors and that funds may not become immediately available following payment.

## 6. No Value Until Activation and Funding

A BizGift Card itself has no cash value, Gift Value, redeemable value, or other monetary value unless and until all of the following conditions have been satisfied:

1. the Recipient has successfully Activated the BizGift Card through the applicable BizGift Activation process;
2. Subscriber has funded, and BizGift has received and credited, sufficient cleared funds to satisfy the applicable Face Value; and
3. Recipient completes the redemption process.

The physical or digital BizGift Card is merely a means of accessing the BizGift Services and does not independently represent cash, stored value, a bank account, or an obligation to pay money.

The Face Value displayed, printed, assigned, or otherwise associated with a BizGift Card is contingent upon Subscriber's funding of the applicable Gift Value Deposit and the availability of sufficient cleared funds before Redemption.

If a BizGift Card has not been Activated, or if sufficient cleared funds are not available to satisfy the applicable Face Value, neither the Recipient nor any other person shall be entitled to Redeem the BizGift Card for cash, a Merchant gift card, goods, services, or any other item of value.

Subscriber acknowledges that distribution or delivery of a BizGift Card to a Recipient does not, by itself, create a funded reward or guarantee that any Gift Value will become available to the Recipient.

BizGift shall have no obligation to make a Gift Value available for Redemption unless the applicable BizGift Card has been successfully Activated and Subscriber has funded the applicable Gift Value Deposit with sufficient cleared funds to satisfy the Face Value of the BizGift Card.

## 7. Activation and Transfer to Storage Account

A BizGift Card becomes Activated when the Recipient, during the applicable Activation Period, successfully completes the Activation process prescribed by BizGift, including completion of the required online form and any required account establishment, verification, or acceptance procedures.

Upon Activation, the applicable Gift Value is charged against or moved from Subscriber's Gift Value Deposit to BizGift's storage account for the applicable Recipient. The transfer of the applicable Gift Value to BizGift's storage account constitutes the triggering event for the Pay-on-Activation model.

Once the applicable Gift Value has been transferred from the Subscriber's Gift Value Deposit to BizGift's storage account following Activation, that amount is no longer part of Subscriber's Unused Deposit and is not subject to refund to the Subscriber.

Subscriber acknowledges that amounts transferred upon Activation remain committed to fulfillment of the applicable Activated BizGift Card regardless of whether the Recipient subsequently:

1. selects a Merchant;
2. Redeems the Available Reward;
3. downloads or views a Merchant gift card;
4. uses the Merchant gift card;
5. spends the entire value of the Merchant gift card; or
6. otherwise utilizes the gift card or reward.

The transfer of the applicable Gift Value to BizGift's storage account upon Activation shall not constitute Redemption. Redemption occurs only when the Recipient selects a Merchant through the Marketplace during the applicable Redemption Period.

## 8. Unactivated BizGift Cards

An unactivated BizGift Card does not create an obligation for BizGift to maintain the associated Gift Value indefinitely.

A Recipient must complete Activation during the applicable Activation Period in order for the Gift Value associated with the BizGift Card to be moved from Subscriber's Gift Value Deposit to BizGift's storage account and made available for subsequent Redemption.

BizGift may establish reasonable Activation Periods for particular card programs, orders, promotions, or campaigns. If an applicable Activation Period is established, BizGift may cancel, deactivate, or otherwise remove an unactivated reward after expiration of that period.

If an unactivated BizGift Card expires or is cancelled before Activation, any amount that has not otherwise become payable to BizGift will remain part of Subscriber's Unused Deposit and may be refunded upon Subscriber's request in accordance with the refund provisions of these Terms.

BizGift may require Subscriber to replenish or maintain sufficient funds before allowing additional Activations.

## 9. Activated Rewards and Redemption

An Activated BizGift Card represents an Available Reward made available to the Recipient through the BizGift platform, subject to the funding requirements contained in these Terms.

Following Activation, the applicable Gift Value shall remain in BizGift's storage account pending Redemption by the Recipient.

A Recipient Redeems an Activated BizGift Card when the Recipient selects a Merchant through the Marketplace for purposes of receiving the applicable Merchant gift card or reward product. Upon Redemption, the applicable Gift Value is released or moved from BizGift's storage account for fulfillment of the Recipient's selected Merchant gift card or reward.

Unless a different period is expressly required by applicable law, an Activated reward must be Redeemed within the **eighteen (18) month Redemption Period beginning on the Activation Date**.

After expiration of the applicable Redemption Period, the Recipient's ability to access or Redeem the Available Reward may terminate.

To the maximum extent permitted by applicable law, any remaining Gift Value associated with an Activated reward that is not Redeemed before expiration of the applicable Redemption Period may be retained by or transferred to BizGift, and neither Subscriber nor Recipient may request a refund of said amount, subject to the terms of this agreement.

BizGift's acceptance of an Activation does not create an obligation to maintain an Activated reward or the associated Gift Value indefinitely.

## 10. Inactive Subscriber Accounts

A Subscriber Account will be considered inactive if there has been no account activity for a continuous period of eighteen (18) months.

For purposes of this Section, "account activity" means any of the following actions occurring through or in connection with the Subscriber Account:

1. a Recipient's Activation of a BizGift Card associated with the Subscriber Account;
2. a Recipient's Redemption of an Activated BizGift Card associated with the Subscriber Account; or
3. a login to the Subscriber Account by Subscriber or an authorized user.

Any Activation, Redemption, or Subscriber Account login occurring during the eighteen (18) month period shall constitute account activity and restart the applicable eighteen (18) month inactivity period.

If a Subscriber Account has no Activation, Redemption, or Subscriber Account login for a continuous period of eighteen (18) months, BizGift will provide reasonable notification of the anticipated account closure using the then-current contact information associated with the Subscriber Account. Such notification may be provided by email, through the BizGift platform, or by any other reasonable means using the contact information maintained for Subscriber.

Subscriber is responsible for maintaining accurate and current contact information associated with the Subscriber Account. BizGift shall not be responsible for Subscriber's failure to receive an account-closure notification resulting from Subscriber's failure to maintain current or accurate contact information.

Following such notification, Subscriber will be provided a reasonable period of time to contact BizGift, request a refund of any eligible Unused Deposit, or otherwise take action sufficient to demonstrate that Subscriber intends to maintain the Subscriber Account.

Any refund requested before closure shall be subject to the One Hundred Eighty-Nine Dollar ($189.00) refund processing fee and the other provisions governing refunds under these Terms.

If BizGift does not receive a response, refund request, or other qualifying account activity from Subscriber within such reasonable period, BizGift may close the Subscriber Account.

Upon closure of the Subscriber Account following the procedures provided in this Section, and to the maximum extent permitted by applicable law, **all remaining funds, balances, Unused Deposits, or other amounts associated with the Subscriber Account shall become the sole and exclusive property of BizGift, and Subscriber shall have no further right, title, interest, claim, or entitlement to such funds.**

## 11. Refundability of Unused Deposits

Subject to the provisions of these Terms, an Unused Deposit remaining in Subscriber's Gift Value Deposit may be refunded to Subscriber upon request.

A refund is limited to funds that remain in the Gift Value Deposit and have not:

1. been applied to fees, charges, payment-processing expenses, or other amounts owed under these Terms;
2. become payable to BizGift under another provision of these Terms; or
3. become the property of BizGift following closure of the Subscriber Account in accordance with Section 10.

Every refund request is subject to the One Hundred Eighty-Nine Dollar ($189.00) refund processing fee.

Subscriber shall have no right to require BizGift to transfer an Unused Deposit to another Subscriber or any other person or account in lieu of a refund.

## 12. Refund Requests and Processing Fee

Subscriber may request a refund of eligible funds remaining in its Gift Value Deposit.

Each refund request shall be subject to a flat refund processing fee of One Hundred Eighty-Nine Dollars ($189.00).

The refund processing fee covers the administrative and processing costs associated with reviewing, reconciling, administering, and processing the refund request.

The refund processing fee may be deducted directly from the amount otherwise refundable to Subscriber or charged to Subscriber's designated payment method.

The amount refunded to Subscriber shall equal the eligible Unused Deposit remaining in the Subscriber's Gift Value Deposit or storage account, less the applicable refund processing fee and any other amounts properly due under these Terms.

If the eligible refund amount is less than the applicable refund processing fee and other amounts properly due, no refund shall be payable unless BizGift agrees otherwise.

BizGift may require reasonable verification of Subscriber's identity, authority, account information, and payment information before processing a refund.

## 13. Account Closure and Account Closure Fee

A Subscriber Account may be closed upon Subscriber's request, upon termination pursuant to these Terms, or following eighteen (18) continuous months of inactivity and completion of the notice procedure provided in Section 10.

Upon closure of a Subscriber Account, Subscriber shall be charged a flat account closure processing fee of One Hundred Eighty-Nine Dollars ($189.00).

The account closure processing fee covers the administrative and processing costs associated with reviewing, reconciling, administering, and closing the Subscriber Account.

The applicable account closure processing fee may be deducted from funds otherwise remaining in Subscriber's Gift Value Deposit or the storage account.

If Subscriber requests closure of the Subscriber Account and also requests return of an eligible Unused Deposit, the One Hundred Eighty-Nine Dollar ($189.00) refund processing fee shall apply in addition to the One Hundred Eighty-Nine Dollar ($189.00) account closure processing fee, unless BizGift expressly waives either fee or applicable law provides otherwise.

For an account closed because of eighteen (18) continuous months of inactivity, BizGift shall provide reasonable notice to Subscriber using the then-current contact information associated with the Subscriber Account and shall provide Subscriber a reasonable period in which to respond or request a refund before closure, as provided in Section 10.

If Subscriber does not respond, request a refund, or otherwise engage in qualifying account activity within that reasonable period, BizGift may close the Subscriber Account. Upon such closure, and to the maximum extent permitted by applicable law, all remaining funds and balances associated with the Subscriber Account shall become the sole and exclusive property of BizGift.

BizGift may continue processing outstanding Activated rewards until the applicable Redemption Period expires.

Unactivated rewards may remain available for the applicable Activation Period unless otherwise cancelled pursuant to these Terms.

## 14. Merchant Gift Cards

BizGift is not the issuer of Merchant gift cards unless expressly stated otherwise.

Merchant gift cards are issued by the applicable third-party Merchant and are subject to that Merchant's terms, conditions, restrictions, expiration provisions, redemption policies, and other applicable rules.

BizGift does not guarantee the quality, availability, products, services, policies, or business practices of any Merchant.

Subscriber and Recipient acknowledge that BizGift is not responsible for a Merchant's refusal to honor a gift card, Merchant closure, Merchant policy change, Merchant system failure, or other act or omission of a Merchant.

Any dispute concerning the use, acceptance, validity, or terms of a Merchant gift card must be directed to the applicable Merchant, except to the extent the dispute concerns BizGift's own Services.

## 15. No Resale

BizGift Cards and Merchant gift cards obtained through the Services may not be resold, transferred for commercial consideration, or otherwise distributed in violation of applicable law or Merchant terms.

Subscriber is solely responsible for ensuring that its use and distribution of BizGift Cards complies with applicable laws and contractual restrictions.

## 16. Merchant Trademarks

Subscriber may not use the trademarks, logos, service marks, or other intellectual property of any Merchant except as expressly authorized by BizGift or the applicable Merchant.

Subscriber is solely responsible for obtaining all permissions necessary for any marketing, advertising, promotion, or other use of Merchant names, trademarks, logos, or other intellectual property.

Subscriber agrees to defend, indemnify, and hold harmless BizGift and any applicable Merchant from claims arising from Subscriber's unauthorized use of Merchant intellectual property.

## 17. Subscriber Content

Subscriber retains ownership of Subscriber Content.

Subscriber represents and warrants that it has all rights necessary to submit Subscriber Content to BizGift and authorize BizGift to use that content in connection with the Services.

Subscriber grants BizGift a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, display, modify as technically necessary, and otherwise use Subscriber Content solely as necessary to provide and administer the Services.

Subscriber is solely responsible for the accuracy, legality, and appropriateness of Subscriber Content.

BizGift may reject or remove content that violates these Terms, applicable law, Merchant requirements, or BizGift's reasonable content standards.

## 18. Prohibited Content

Subscriber may not submit or distribute content containing:

1. unauthorized third-party trademarks or copyrighted material;
2. unlawful, defamatory, libelous, discriminatory, or threatening material;
3. obscene, sexually explicit, or indecent material;
4. violence or graphic material;
5. material promoting unlawful activity;
6. political or religious advocacy where prohibited by the applicable card or program;
7. gambling, firearms, tobacco, controlled substances, or adult entertainment content where prohibited by applicable Merchant requirements;
8. material likely to interfere with Merchant acceptance of a gift card; or
9. any material that violates applicable law.

BizGift may cancel or reject an order containing prohibited content without liability.

## 19. Data and Privacy

Subscriber owns the Subscriber Data provided to BizGift, subject to the licenses and rights granted in these Terms.

BizGift may collect, store, process, and use Subscriber Data and Recipient information as necessary to provide, administer, secure, and improve the Services and as otherwise described in BizGift's Privacy Policy.

BizGift may use aggregated and anonymized information that does not identify Subscriber or any individual to improve the Services, conduct analytics, and understand industry trends.

Subscriber is responsible for ensuring that it has all necessary rights, notices, permissions, and consents to provide Recipient information to BizGift.

Subscriber acknowledges that BizGift may use third-party service providers to provide hosting, payment processing, communications, customer support, analytics, fraud prevention, and related services.

## 20. Recipient Information

Subscriber represents and warrants that any Recipient information supplied to BizGift was lawfully collected and may lawfully be provided to BizGift for purposes of administering the Services.

Subscriber is responsible for the accuracy of Recipient names, email addresses, telephone numbers, mailing addresses, and other information supplied by Subscriber.

BizGift is not responsible for failed delivery, delayed delivery, or inability to fulfill a reward resulting from inaccurate, incomplete, or outdated Recipient information supplied by Subscriber.

## 21. Electronic Communications and SMS

Where Subscriber requests or enables SMS communications, Subscriber represents and warrants that it has obtained all legally required consent and authorization for BizGift to send transactional or other permitted communications to the applicable Recipients.

Subscriber is responsible for compliance with applicable federal and state telecommunications, privacy, and messaging laws, including the Telephone Consumer Protection Act ("TCPA") to the extent applicable.

Subscriber agrees to promptly notify BizGift when a Recipient withdraws consent or should no longer receive messages.

Subscriber shall defend, indemnify, and hold harmless BizGift and its affiliates, officers, directors, employees, agents, and service providers from claims arising from Subscriber's failure to obtain legally sufficient consent or comply with applicable messaging laws.

## 22. Fees

BizGift may charge fees for card production, shipping, platform services, gift-value processing, payment processing, account closure, refund processing, or other Services.

Applicable fees will be disclosed before the applicable transaction when required.

Subscriber acknowledges and agrees that Subscriber is responsible for providing the applicable Face Value and any applicable fees, taxes, and charges. Subscriber is not entitled to receive any discount, rebate, wholesale pricing, margin, commission, incentive, credit, or other economic benefit that BizGift may obtain from any Merchant, wholesaler, distributor, supplier, or other third party.

Any discount, rebate, wholesale pricing benefit, margin, commission, incentive, credit, or other economic benefit obtained by BizGift shall be the sole and exclusive property of BizGift.

The refund processing fee is $189.00, as provided in Section 12.

The account closure processing fee is $189.00, as provided in Section 13.

BizGift may change its pricing from time to time. Continued use of the Services after revised pricing becomes effective constitutes acceptance of the revised pricing.

## 23. Payment Processing

Payments may be processed by third-party payment processors.

Subscriber authorizes BizGift and its payment processors to charge the payment method designated by Subscriber for amounts properly due under these Terms.

Subscriber is responsible for all applicable taxes, governmental charges, payment-processing fees, chargebacks, and other costs arising from its use of the Services, except taxes imposed on BizGift's net income.

Funding transactions credited to the Subscriber's Gift Value Deposit remain subject to the refund provisions contained in these Terms to the extent such funds constitute an eligible Unused Deposit.

Amounts transferred from the Gift Value Deposit to BizGift's storage account following Activation are no longer part of the Unused Deposit and are not eligible for refund to Subscriber.

## 24. Physical Card Orders

All custom-printed products are made to order. Subscriber must provide accurate shipping information.

Changes to shipping information after production or packaging may result in additional charges. BizGift may select the shipping carrier and shipping method unless otherwise agreed in writing. Rush shipments may be subject to additional charges.

## 25. Printing, Color, and Production

BizGift determines the printing process, card materials, finishing, packaging, lamination, magnetic-stripe treatment, and other production specifications.

Color variations may occur between electronic proofs and finished products and between separate production runs.

Subscriber must report any alleged production defect, damage, or error in writing within three (3) business days after receipt.

Failure to timely report a defect constitutes a waiver of the applicable claim to the maximum extent permitted by law.

If BizGift determines that a production error or damage occurred, BizGift may, in its discretion, reproduce or otherwise remedy the affected product. Refunds of customized products are not required unless expressly provided by BizGift or applicable law.

## 26. Cancellations and Returns

Cancellations requested before production may be subject to a cancellation fee of $\[AMOUNT\].

Cancellations after production has begun may be subject to a $\[AMOUNT\] cancellation fee plus applicable production costs.

Because customized products are made to order, all sales of customized products are final except as expressly provided in these Terms or required by applicable law.

Nothing in this Section limits Subscriber's right to request a refund of an eligible Unused Deposit under Sections 11 and 12.

## 27. Suspension and Termination

BizGift may suspend or terminate Subscriber's access to the Services with or without notice when reasonably necessary to:

1. enforce these Terms;
2. prevent fraud or unauthorized use;
3. comply with law or governmental requirements;
4. protect BizGift, Merchants, Subscribers, or Recipients;
5. investigate suspected misconduct; or
6. address a security or operational risk.

Subscriber may terminate its account by following BizGift's then-current account termination procedure.

Termination does not eliminate obligations accrued before termination.

Termination or suspension does not affect Subscriber's right to request a refund of an eligible Unused Deposit unless the Subscriber Account has already been closed pursuant to Section 10 or such funds have otherwise ceased to qualify as an eligible Unused Deposit under these Terms.

Any applicable refund processing fee and account closure processing fee shall apply.

## 28. Effect of Termination

Upon termination:

1. Subscriber's access to the Services may cease;
2. outstanding Activated rewards may remain subject to their applicable Redemption Period;
3. unactivated rewards may remain subject to their applicable Activation Period;
4. Subscriber may request a refund of any eligible Unused Deposit remaining in the Gift Value Deposit, subject to the applicable $189.00 refund processing fee;
5. BizGift may deduct amounts properly owed under these Terms, including applicable fees; and
6. if the Subscriber Account is subsequently closed following the notice procedure provided in Section 10, any remaining funds that have not been timely requested for refund shall, to the maximum extent permitted by applicable law, become the sole and exclusive property of BizGift.

Sections concerning ownership, payment obligations, indemnification, limitations of liability, dispute resolution, intellectual property, privacy, and any provisions that by their nature should survive termination will survive termination.

## 29. Protection Against Unauthorized Use

Subscriber shall use reasonable efforts to prevent unauthorized access to the Services and Subscriber Account.

If Subscriber discovers unauthorized access or use, Subscriber shall promptly notify BizGift and cooperate with BizGift's reasonable efforts to investigate, prevent, and terminate such unauthorized use.

Subscriber is responsible for activity conducted through its account except to the extent caused by BizGift's failure to comply with applicable security obligations.

## 30. Representations and Warranties

BizGift represents that it will provide the Services in a commercially reasonable manner and in accordance with applicable law.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZGIFT DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

Subscriber represents and warrants that:

1. it will comply with all applicable laws;
2. it owns or has the necessary rights to all Subscriber Content;
3. it has obtained all required permissions and consents concerning Recipient Data;
4. its use of the Services will not infringe any third-party rights; and
5. it will not use the Services for unlawful purposes.

## 31. Indemnification

Subscriber agrees to defend, indemnify, and hold harmless BizGift, its affiliates, officers, directors, employees, agents, licensors, service providers, and Merchants from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

1. Subscriber's breach of these Terms;
2. Subscriber Content;
3. Subscriber's violation of law;
4. Subscriber's violation of a Recipient's or third party's rights;
5. Subscriber's failure to obtain legally required consent;
6. Subscriber's marketing, advertising, or distribution of BizGift Cards;
7. unauthorized use of Merchant intellectual property;
8. SMS or electronic communications initiated at Subscriber's direction; or
9. any dispute between Subscriber and a Recipient concerning Subscriber's underlying promotion, incentive, employment relationship, sales program, or other transaction.

## 32. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZGIFT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND MERCHANT PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS ARISING OUT OF OR RELATED TO THE SERVICES.

BIZGIFT SHALL NOT BE LIABLE FOR:

1. loss, theft, or unauthorized use of a BizGift Card after delivery;
2. Recipient failure to Activate or Redeem a reward;
3. inaccurate Recipient information supplied by Subscriber;
4. Merchant refusal to honor a Merchant gift card;
5. Merchant closure or changes to Merchant programs;
6. unauthorized access resulting from Subscriber's failure to protect its credentials;
7. third-party payment processor failures;
8. Subscriber's failure to maintain sufficient cleared funds to satisfy the Face Value of a BizGift Card; or
9. events outside BizGift's reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIZGIFT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY SUBSCRIBER TO BIZGIFT DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

## 33. Force Majeure

BizGift shall not be liable for delays, failures, interruptions, or inability to perform caused by circumstances beyond its reasonable control, including acts of God, natural disasters, governmental action, labor disputes, telecommunications failures, internet failures, cyberattacks, payment-processing failures, Merchant failures, supply-chain disruptions, or other events beyond BizGift's reasonable control.

## 34. Third-Party Services

The Services may contain links to or integrations with third-party services.

BizGift is not responsible for third-party services, websites, products, content, policies, or practices.

Subscriber's use of third-party services is governed by the applicable third party's terms and policies.

## 35. Intellectual Property

BizGift owns all rights, title, and interest in the BizGift platform, software, technology, designs, trademarks, service marks, and other proprietary materials, except for Subscriber Content and third-party materials.

Nothing in these Terms grants Subscriber ownership of BizGift intellectual property.

Subscriber may not reproduce, modify, reverse engineer, decompile, disassemble, copy, distribute, or create derivative works of the BizGift Services except as expressly permitted by law or these Terms.

## 36. Platform Data

BizGift may collect technical and operational information concerning use of the Services, including account activity, system activity, transaction information, performance information, and usage statistics.

BizGift owns all rights in aggregated, de-identified, and anonymized platform activity data that does not identify Subscriber or an individual.

## 37. Changes to These Terms

BizGift may modify these Terms from time to time.

Material changes may be communicated through the Services, email, or other reasonable means. Unless otherwise stated, revised Terms become effective upon posting.

Subscriber's continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms.

If applicable law requires affirmative acceptance of a material modification, BizGift may require Subscriber to affirmatively accept the revised Terms before continued access to the Services.

## 38. Notices

Notices to Subscriber may be provided through the email address associated with the Subscriber Account or through the BizGift platform.

Subscriber is responsible for maintaining a current email address and other contact information. Notices to BizGift should be sent through the contact method designated by BizGift.

## 39. Dispute Resolution and Arbitration

These Terms shall be governed by the laws of the State of Tennessee without regard to conflict-of-law principles.

Except where prohibited by applicable law, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered in accordance with the applicable rules of the American Arbitration Association.

The arbitration shall occur in or be venued in Williamson County, Tennessee, unless the parties agree otherwise or applicable law requires another location.

Nothing in this provision prevents BizGift from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, accounts, funds, or the security of the Services.

## 40. Waiver of Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBSCRIBER AND BIZGIFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, CONSOLIDATED, OR COLLECTIVE ACTION.

## 41. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

## 42. No Waiver

BizGift's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision later.

## 43. Assignment

Subscriber may not assign or transfer these Terms or its Subscriber Account without BizGift's prior written consent.

BizGift may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of substantially all of its business relating to the Services.

## 44. Entire Agreement

These Terms, together with any applicable order terms, Privacy Policy, and other documents expressly incorporated by reference, constitute the entire agreement between Subscriber and BizGift concerning the Services and supersede all prior or contemporaneous agreements, representations, and understandings concerning the same subject matter.

## 45. Contact Information

Questions concerning these Terms or the BizGift Services may be directed to:

**BizGift™**  
1 Vantage Way  
Nashville, TN 37228  
Email: [info@bizgift.com](mailto:info@bizgift.com)

## 46. Acceptance

**BY CREATING AN ACCOUNT, PLACING AN ORDER, FUNDING A GIFT VALUE DEPOSIT, DISTRIBUTING A BIZGIFT CARD, OR OTHERWISE ACCESSING OR USING THE SERVICES, SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS READ, UNDERSTOOD, AND AGREES TO THESE TERMS.**

**BY FUNDING A GIFT VALUE DEPOSIT, SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ELIGIBLE UNUSED FUNDS REMAINING IN THE GIFT VALUE DEPOSIT MAY BE REFUNDED TO SUBSCRIBER UPON REQUEST, SUBJECT TO THE ONE HUNDRED EIGHTY-NINE DOLLAR ($189.00) REFUND PROCESSING FEE, OTHER APPLICABLE FEES AND CHARGES, AND THE TERMS AND CONDITIONS GOVERNING REFUNDS SET FORTH HEREIN.**

**SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES THAT SUBSCRIBER IS RESPONSIBLE FOR PROVIDING THE FULL FACE VALUE ASSOCIATED WITH EACH BIZGIFT CARD AND THAT THE AVAILABILITY OF SUCH FACE VALUE FOR REDEMPTION IS CONTINGENT UPON SUBSCRIBER MAINTAINING SUFFICIENT CLEARED FUNDS IN THE APPLICABLE GIFT VALUE DEPOSIT.**

**SUBSCRIBER FURTHER ACKNOWLEDGES THAT ANY WHOLESALE DISCOUNT, REBATE, MARGIN, COMMISSION, INCENTIVE, CREDIT, OR OTHER ECONOMIC BENEFIT OBTAINED BY BIZGIFT FROM A MERCHANT, WHOLESALER, DISTRIBUTOR, SUPPLIER, OR OTHER THIRD PARTY IS THE SOLE AND EXCLUSIVE PROPERTY OF BIZGIFT, AND SUBSCRIBER SHALL HAVE NO RIGHT OR ENTITLEMENT TO SUCH AMOUNTS.**

**SUBSCRIBER FURTHER ACKNOWLEDGES THAT A BIZGIFT CARD HAS NO CASH VALUE, GIFT VALUE, REDEEMABLE VALUE, OR OTHER MONETARY VALUE UNLESS AND UNTIL THE CARD HAS BEEN SUCCESSFULLY ACTIVATED BY THE RECIPIENT AND SUFFICIENT CLEARED FUNDS ARE AVAILABLE TO SATISFY THE APPLICABLE FACE VALUE.**

**SUBSCRIBER FURTHER ACKNOWLEDGES THAT, FOLLOWING EIGHTEEN (18) CONTINUOUS MONTHS OF ACCOUNT INACTIVITY, BIZGIFT WILL PROVIDE REASONABLE NOTICE OF ANTICIPATED ACCOUNT CLOSURE USING THE THEN-CURRENT CONTACT INFORMATION ASSOCIATED WITH THE SUBSCRIBER ACCOUNT. SUBSCRIBER MAY REQUEST A REFUND OF ANY ELIGIBLE UNUSED DEPOSIT DURING THE REASONABLE RESPONSE PERIOD FOLLOWING SUCH NOTICE, SUBJECT TO THE APPLICABLE REFUND PROCESSING FEE. IF SUBSCRIBER DOES NOT RESPOND, REQUEST A REFUND, OR OTHERWISE ENGAGE IN QUALIFYING ACCOUNT ACTIVITY WITHIN SUCH REASONABLE PERIOD, BIZGIFT MAY CLOSE THE ACCOUNT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REMAINING FUNDS AND BALANCES ASSOCIATED WITH THE ACCOUNT SHALL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF BIZGIFT.**

Subscriber further represents and warrants that:

1. Subscriber has authority to enter into these Terms;
2. Subscriber will use the Services only for lawful purposes;
3. Subscriber has obtained all legally required rights, permissions, and consents concerning Recipient information; and
4. Subscriber accepts responsibility for its use of the Services and its compliance with these Terms and applicable law.

#### Use BizGift

#### Give BizGift

- [Activate](https://my.bizgift.com/activate/manual-activation)
- [My Account](https://my.bizgift.com/pro/my-account)
- [Marketplace](https://my.bizgift.com/marketplace)

- [Buy BizGift](https://my.bizgift.com/buy-my-bizgift)
- [How BizGift Works](https://bizgift.com/how-bizgift-works)
- [How to Activate](https://bizgift.com/how-to-activate)

#### Company

- [About Us](https://bizgift.com/about)
- [Blog](https://bizgift.com/blog)

#### Get Help

- [Contact Us](https://bizgift.com/contact-us)
- [My Account](https://my.bizgift.com/profile)
- [What is BizGift](https://bizgift.com/how-bizgift-works)
- [How to Activate](https://bizgift.com/how-to-activate)

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The BizGift™ name and logo and other trademarks are trademarks of BizGift™ and may not be used without permission.

All other trademarks and brands are the property of their respective owners.  
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