GIFTED SOLUTIONS INC.
[Last Amended: June 16, 2026]
These Buyer Terms of Service ("Buyer Terms") govern the relationship between Giftedd Solutions Inc. ("Gifted", "we," "us", or "our") and any individual or legal entity or organization that uses the Platform or Services for business or organizational purposes ("Buyer" or "you"), including to establish or administer gifting, recognition, employee-benefit, customer-appreciation, incentive, promotional, or similar programs and to purchase, allocate, or make available Gifts, platform credits, or other redemption rights to employees, clients, or other eligible Recipients.
The Buyer Terms are intended to supplement the General Terms of Service ("General Terms"), and any other applicable part of the Agreement. Any term not defined herein shall have the meaning assigned to it in the General Terms, unless the context clearly indicates otherwise.
If these Buyer Terms conflict with the General Terms, these Buyer Terms shall govern solely with respect to the Buyer’s specific use of the Platform and Services. The order of precedence applicable to any master services agreement, order form, statement of work, or other separately executed agreement shall be determined in accordance with the General Terms or the applicable executed agreement.
Gifted reserves the right to change these Buyer Terms in accordance with the Amendments provisions of the General Terms.
By accessing or using the Platform as a Buyer, you acknowledge that you have read, understood, and agree to be bound by the Agreement, including these Buyer Terms.
PLEASE NOTE THAT THE GENERAL TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY AGREEING TO THE GENERAL TERMS, YOU ALSO AGREE TO THE APPLICABLE DISPUTE-RESOLUTION PROVISIONS OF THE GENERAL TERMS, INCLUDING BINDING INDIVIDUAL ARBITRATION, AND THE WAIVER OF ANY RIGHT TO HAVE COVERED DISPUTES DECIDED BY A JUDGE OR JURY OR TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1. BUYER ACCOUNT AND PAYMENTS
1.1. Unless otherwise expressly provided in an applicable order form or other written agreement, the Buyer’s access to and use of the Platform is provided without a subscription or access fee.
1.2. To use the Platform and Services, each Buyer is required to register and open an account as further detailed in the General Terms (“Buyer Account”). Through the registration process, the Buyer will be requested to provide its payment method and billing information. If any billing information and payment source are or become invalid, or if payment charged to Buyer is declined, the Buyer Account may be suspended or terminated without prior notice, at Gifted’s sole discretion.
1.3. In order to initiate a gifting, recognition, employee-benefit, promotional, or other activity through the Platform, you must first purchase sufficient platform credits for the desired gifting activity. Once payment is made, Gifted requires up to seventy-two (72) hours before the platform credits are made available, in order to conduct necessary fraud detection procedures. Therefore, you should verify that you make the required payment at least three (3) business days prior to the time you wish to initiate any such activity. If the Buyer Account does not contain sufficient platform credits to cover the selected activity, you will not be able to perform such activity until sufficient platform credits are made available in the Buyer Account.
1.4. Unless otherwise specified on the Platform, all amounts payable to Gifted in connection with the Services do not include any taxes (including, without limitation, VAT or any similar tax), customs, duties, fees, or other charges assessed or imposed by any governmental authority provided, however, that the Buyer shall have no liability for income assessed to Gifted.
1.5. You may purchase platform credits through a valid credit card, debit card, or ACH transfer. By providing Gifted with the necessary ACH details, you give Gifted permission to debit the designated bank account with the amount authorized by you.
1.6. Where permitted by applicable law and applicable payment-network rules, Gifted may charge a credit card processing fee in the amount disclosed to the Buyer before the Buyer authorizes the transaction. The fee will not exceed the processing cost incurred by Gifted or any lower applicable limit and will not apply to debit or prepaid cards. No such fee will be charged where prohibited by applicable law.
1.7. Gifted retains the right to adjust the platform credits reflected in the Buyer Account, deduct an equivalent amount from future transactions, or seek reimbursement from the Buyer, where Gifts are redeemed or other Services are utilized without the corresponding charge, including as a result of system errors, bugs, or other discrepancies. Gifted commits to notifying the Buyer of any such adjustment, deduction or request for reimbursement, prior to taking action, providing the Buyer with an opportunity to review and respond to the reported discrepancy.
2. REFUNDS
2.1. The Buyer may request a refund of platform credits that have not been allocated or applied to any Gift, Gift Link, Recognition Point, program activity, fee, or other transaction. No cancellation fee will apply to such refund. Refunds are not processed automatically and must be requested by sending written notice to support@gifted.co, including the relevant Buyer Account and payment details reasonably requested by Gifted. Gifted will process an approved refund within fourteen (14) business days after receiving all required information.
2.2. The Buyer may request the cancellation of a Gift Link at any time before the Gift has been redeemed by the Recipient, subject to the cancellation terms below. A cancellation request must be submitted to support@gifted.co and must identify the relevant Gift Link or gifting activity. If the cancellation request is submitted within seventy-two (72) hours after the Gift Link was sent to the Recipient, the Buyer will be entitled to a full refund of the amount allocated to the cancelled Gift Link, without a cancellation fee. For Buyers using an approved PunchOut integration, this full-refund period will be seven (7) calendar days after the Gift Link was sent, unless otherwise specified in an applicable order form.
2.3. If the cancellation request is submitted after the applicable full-refund period, but before the Gift has been redeemed, Gifted may charge a cancellation fee equal to twenty-five percent (25%) of the amount allocated to the cancelled Gift Link. The remaining amount will be refunded to the Buyer. A different cancellation fee or cancellation period may apply if expressly specified in the applicable order form or other written agreement between Gifted and the Buyer.
2.4. Gifted will use reasonable efforts to process an eligible cancellation request within seven (7) business days after receiving all information required to identify and cancel the relevant Gift Link. A cancellation request does not itself cancel the Gift Link. If the Gift is redeemed before Gifted completes the cancellation, the transaction will be treated as a completed redemption and will no longer be eligible for cancellation or refund.
2.5. A Recipient’s claim of a Gift Link or attachment of the related entitlement to the Recipient’s Account does not prevent the Buyer from requesting cancellation, provided that the Gift has not yet been redeemed. The same cancellation periods and fees described above will apply. A Recipient may not cancel a Gift or request a refund on behalf of the Buyer.
2.6. Once a Gift has been redeemed, the redemption is final and the Buyer may not cancel the Gift or receive a refund of the corresponding amount. If the applicable Merchant or third-party supplier fails to provide the redeemed Gift, Gifted may provide or arrange a replacement Gift in accordance with the Redemption Terms. No cash refund will be due to the Buyer or Recipient in such circumstances, except where required by applicable law.
2.7. Unless otherwise stated in an applicable order form or program-specific terms, a Gift Link will remain available for redemption for twenty-four (24) months after it is sent to the Recipient. If the Gift is not redeemed during that period, the Gift Link will expire automatically, the Recipient will no longer be entitled to redeem it, and the Buyer will not be entitled to a refund or restoration of the corresponding platform credits, except where required by applicable law.
2.8. Refunds, cancellations, corrections, or reversals involving Recognition Points or Promotional Credits will be governed by the General Terms and the rules applicable to the relevant program. The Buyer has no right to receive a refund for Promotional Credits that were not purchased by the Buyer. Any cancellation or refund relating to a supplemental payment made by a Recipient will be governed by the Redemption Terms.
2.9. Gifted may address exceptional circumstances not expressly covered by this Section on a case-by-case basis. Any exception granted by Gifted will apply only to the specific case and will not constitute a waiver or establish a continuing practice.
3. BUYER SPECIFIC RESTRICTIONS
3.1. The Buyer shall not use the Platform or configure any program in a manner that permits a Gift to be used to purchase another gift card or similar entitlement, except for a conversion to a supported third-party platform expressly made available through the applicable Gift Link.
3.2. The Buyer shall not impose any fee or commission on a Recipient as a condition for receiving a Gift. This restriction does not prevent a Recipient from electing to make supplemental payment to complete the purchase of a selected Gift in accordance with the General Terms and Redemption Terms.
4. BUYER PROGRAMS AND RECIPIENT USE
4.1. The Buyer is responsible for configuring and administering any gifting, recognition, employee-benefit, incentive, promotional, or other program it operates through the Platform, including designating program administrators, determining participant eligibility, setting program budgets and approval requirements, and selecting the visibility, redemption, expiration, and other program settings made available to the Buyer through the Platform.
4.2. Any configuration, instruction, approval, allocation, award, adjustment, or other action submitted by a program administrator or other Authorized User will be treated as having been authorized by and binding upon the Buyer. Gifted may rely on such actions and instructions without independently verifying the administrator’s authority or the underlying employment, program, or eligibility decision.
4.3. The Buyer is responsible for maintaining accurate and current participant and administrator information and for promptly notifying Gifted, or updating the Platform, when a participant’s eligibility or relationship with the Buyer changes. The Buyer must determine and communicate the rules applicable to its programs, including any applicable treatment of unused program allocations, Recognition Points, or other redemption rights when a participant’s eligibility or relationship with the Buyer ends, subject to the Agreement, the settings made available through the Platform, and applicable law.
4.4. Gifts, Gift Links, Recognition Points, Promotional Credits, and other redemption rights made available under a Buyer’s program may be claimed, selected, converted, or redeemed by eligible Recipients in accordance with the General Terms, the Redemption Terms, the applicable program rules, and any Merchant or third-party terms applicable to the selected Gift.
4.5. The cancellation of a Gift Link by the Buyer is governed exclusively by Section 2 above. Any return, replacement, refund, supplemental payment, or other matter arising after redemption will be governed by the Redemption Terms, the applicable Merchant or third-party terms, and applicable law.
5. BUYER SPECIFIC REPRESENTATIONS AND WARRANTIES
5.1. Without derogating from the Buyers representations and warranties under the General Terms, the Buyer represents and warrants (i) that it has the right to disclose and provide to Gifted any data provided pursuant to this Agreement, (ii) that no materials of any kind submitted to the Platform by the Buyer will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material; and (iii) that Buyer’s activities under this Agreement will comply with all applicable laws, rules and regulations. The Buyer will be solely responsible for ensuring that its policies and its use of the Services comply with applicable laws regarding the same.
5.2. The Buyer acknowledges and agrees that the Merchant (or the relevant third-party in case of Gift conversion) shall be solely responsible and liable for any Gift sent or redemption of Gifts, their content, delivery, refunds of redeemed Gifts, and any and all aspects of any redeemed Gifts or any related gifting offer, including their accuracy, fulfilment, refund, warranty and delivery terms, and any customer support or dispute resolution related to the Gifts. Gifted shall have no responsibility or liability for any issues arising from the redemption of Gifts, and the Buyer agrees any claim related to the Gift shall be directed to the Merchant or relevant third-party. By utilizing the Platform, the Buyer acknowledges and accepts that Gifted's role is strictly limited to providing the Platform and disclaims any responsibility or liability for the redemption of the Gifts through any third-party or Merchant. The Buyer releases Gifted from any claims, demands, and damages arising out of disputes with other Users or parties.
5.3. Further, Users may have the ability to leave public reviews reflecting their experiences with the Gift offers. These reviews represent the individual perspectives of Users and do not reflect the viewpoints of Gifted or its representatives. Reviews are submitted directly by users and are not subjected to regular verification by us. Any published review must be accurate and should refrain from containing any offensive or defamatory language. Each User bears sole and full responsibility for any review published by him.
6. PRIVACY AND DATA PROCESSING
6.1. The collection and processing of personal data in connection with the Buyer’s use of the Platform and Services, including personal data relating to Recipients, participants, Authorized Users, and program administrators, will be governed by the Privacy Policy and Section 16 of the General Terms.
6.2. Without limiting the foregoing, to the extent Gifted processes personal data on behalf of the Buyer as a processor or service provider, such processing will be governed by the DPA. In the event of any conflict concerning such processing, the DPA will prevail.
