Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the Ottagive website, mobile applications, digital gifting services, wallet and related services provided by Aikonik LLC (“Ottagive,” “Aikonik,” “we,” “us,” or “our”), including services offered through websites, applications and other interfaces we operate (collectively, the “Services”). By creating an account, selecting an acceptance checkbox, clicking an acceptance button, or otherwise accessing or using the Services, you agree to these Terms and the Ottagive Privacy Policy. If you do not agree, do not access or use the Services.

1. Acceptance and Eligibility

• You must provide accurate, current and complete information and keep your account information updated.
• You must be at least eighteen (18) years old and have legal capacity to enter into these Terms, unless a particular Service lawfully permits otherwise.
• If you use the Services on behalf of an entity or organization, you represent that you are authorized to bind that entity or organization to these Terms.
• Certain financial-services functionality may require identity verification and additional eligibility, risk, fraud-prevention, sanctions or compliance requirements.
• We may decline, restrict, suspend or terminate access when reasonably necessary to comply with law or provider requirements.

2. Ottagive Services

Ottagive provides digital gifting and related services that allow users to create and send personalized gifts or “Drops,” attach messages and media, select locations or causes, and use available wallet functionality.

Ottagive is not a bank. Except where expressly stated otherwise, Ottagive is a technology and service platform and does not itself provide banking services. Financial functionality may be provided or facilitated by third-party financial institutions and service providers.

3. Accounts and Security

• You are responsible for maintaining the confidentiality of your account credentials.
• You must promptly notify Ottagive if you believe your account, credentials or device have been compromised.
• You are responsible for obtaining and maintaining the equipment and Internet access required to use the Services.
• You may not share credentials or permit unauthorized persons to access your account.

We may use reasonable authentication, security and account-protection measures. No system is completely secure, and you remain responsible for protecting your credentials and device.

4. Cybrid-Enabled Financial Services

Certain wallet, deposit, withdrawal, transfer, account and other financial functionality is provided or facilitated through Cybrid Technology Inc., Cybrid Inc., and/or their banking and service-provider partners (collectively, “Cybrid Providers”).

The current Cybrid documents applicable to U.S. users are:

• Cybrid User Agreement
• Cybrid Privacy Policy
• Cybrid Privacy Notice

If you do not agree to the applicable Cybrid agreements or privacy terms, you may not use Cybrid-enabled financial functionality.

5. Financial Accounts and Money Movement

• Financial functionality may require identity verification and connection of an external bank account.
• Transfers may be subject to processing times, limits, holds, reversals, errors and fraud controls.
• You should not assume that a transfer is final until identified as completed.
• Funds may be held, processed or facilitated by third-party financial institutions.
• Financial services may also be governed by additional agreements and disclosures.

Any fees applicable to a financial service or transaction will be disclosed through the Service or applicable third-party agreement. Cybrid has advised partners that, effective September 1, 2026, its standard monthly account maintenance fee is $0.05 per U.S. bank account and $0.25 per Canadian bank account; any fee charged directly to you by Ottagive will be separately disclosed.

6. Gifts, Drops and User Content

You retain ownership of content you submit, subject to the rights necessary for recipients and third parties to receive content you intentionally send.

You grant Ottagive a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display and otherwise use your submitted content solely as reasonably necessary to provide, secure, improve and support the Services.

• You represent that you have the rights and permissions necessary to submit content.
• You are responsible for the content and information you submit.
• You may not transmit unlawful, fraudulent, threatening, abusive, defamatory, obscene or infringing content.

7. Reviews and Feedback

If you voluntarily submit a review, testimonial, suggestion or other feedback concerning Ottagive or the Services, you grant Ottagive a worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use that feedback in connection with our business, subject to applicable law.

8. Intellectual Property and Limited License

The Services, including the Ottagive platform, software, user interface, Documentation, trademarks, logos, designs, text, graphics and other materials provided by Ottagive or its licensors, are owned by or licensed to Ottagive and protected by applicable laws.

Subject to these Terms, Ottagive grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for their intended purposes.

• You may not modify or create derivative works of the Services.
• You may not reverse engineer or attempt to discover source code except where legally permitted.
• You may not bypass or disable security mechanisms.
• You may not sell, sublicense or make the Services available to unauthorized third parties.
• You may not remove proprietary notices.

9. Prohibited Uses

• Use the Services for unlawful activity.
• Attempt to access another person's account or financial information without authorization.
• Provide false or materially incomplete information.
• Use the Services in connection with fraud, money laundering or sanctions evasion.
• Violate intellectual-property, privacy or publicity rights.
• Introduce malware, viruses, spyware or other harmful code.
• Interfere with the integrity, security or proper operation of the Services.
• Attempt unauthorized access to programs, data or information.
• Scrape or harvest Services or data except as expressly authorized.
• Use information obtained through the Services for unsolicited marketing or spam.
• Use the Services in a manner creating unreasonable risks of death, injury, property damage or environmental damage.

10. Third-Party Services

Ottagive may integrate with third-party services, including payment, banking, identity-verification, mapping, communications, analytics, hosting and other providers. Those providers may have their own agreements and privacy notices.

11. Fees, Billing and Taxes

Any fees applicable to an Ottagive transaction or service will be disclosed through the Service, applicable rate page or applicable agreement before the charge is incurred.

You are responsible for applicable taxes, duties or other governmental charges associated with your use of the Services, except taxes imposed on Ottagive's net income.

12. Service Availability and Changes

Ottagive may change, modify, update, add to, discontinue or retire the Services or any feature of them. The Services may also be unavailable because of maintenance, upgrades, power or network failures, security incidents, third-party outages or other circumstances.

13. Suspension and Termination

You may stop using Ottagive at any time and may close your account using available account controls or by contacting Ottagive.

We may suspend, limit or terminate access if:

• You have violated these Terms or an applicable agreement.
• Your use is unlawful, unauthorized, fraudulent or materially inaccurate.
• Your use creates a security or operational risk.
• A third-party provider or financial institution requires restriction or termination.
• A court, regulator or governmental authority requires us to do so.
• Continued access could reasonably harm Ottagive or another user.

14. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as available” and “as is” basis, except for any express warranty that cannot be disclaimed.

Ottagive does not warrant or guarantee the safety, quality, legality, performance or availability of goods, services, merchants, causes, financial institutions or other third parties accessible through the Services except as required by applicable law.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Aikonik LLC, Ottagive and their affiliates, officers, directors, employees, agents, licensors, subcontractors and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenues, business opportunities, data or use arising from or related to the Services.

To the maximum extent permitted by applicable law, the aggregate liability of Aikonik LLC and its applicable affiliates and service providers arising out of or relating to these Terms or the Services will not exceed the fees you actually paid to Ottagive for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

16. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Aikonik LLC, Ottagive, its affiliates, investors, officers, directors, employees, agents, licensors and service providers from claims, liabilities, damages, losses, costs and expenses arising from:

• Your violation of these Terms or applicable law.
• Your use or misuse of the Services.
• Your account or transactions conducted through your account.
• Your content.
• Your fraud, misrepresentation or inaccurate information.
• Your violation of the rights of another person.

17. Privacy

Our collection and use of personal information is described in the Ottagive Privacy Policy, which is incorporated into these Terms by reference.

View the Ottagive Privacy Policy

18. Communications and Electronic Notices

You consent to receive electronic communications from Ottagive relating to your account, transactions, security, legal notices, service changes and support.

You are responsible for keeping your contact information current.

19. Governing Law and Dispute Terms

These Terms are intended to be governed by the laws applicable to Aikonik LLC and the Services, without regard to conflict-of-law principles, except to the extent mandatory law provides otherwise.

Any dispute-resolution, venue, arbitration, class-action, consumer-rights or similar provisions required by applicable law or contained in a later service-specific agreement will apply to the extent legally enforceable.

20. Changes to These Terms

We may update these Terms from time to time. We will provide notice when required by law or applicable provider requirements.

For Cybrid-enabled services, the Cybrid User Agreement and applicable Cybrid privacy documents control the timing and method of notice for changes made by Cybrid.

21. General Provisions

These Terms, the Ottagive Privacy Policy, and any service-specific terms or disclosures presented to you form the agreement governing your use of the Services, together with applicable third-party terms.

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Failure to enforce a provision does not constitute a waiver. You may not assign or transfer these Terms without our prior written consent. Ottagive may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or similar transaction.

22. Contact