Terms and Conditions
Effective Date: April 6, 2025
Operated by: Gatho, Inc.
1. Agreement & Eligibility
By accessing or using the onbrand platform, you agree to be bound by these Terms and Conditions. You must be at least 18 years of age to use the platform. For events involving alcohol, you must be at least 21 years of age to participate as a partner or host.
2. Account Management
Each person may maintain only one account on the platform. Creating multiple accounts is prohibited and may result in termination of all associated accounts. onbrand owns and controls all accounts on the platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3. Platform Operations
onbrand acts as a facilitator only and is not a party to any transaction, agreement, or partnership between brands and partners. onbrand is not responsible for the actions, products, or services of any user. The platform supports Shopify integration for product fulfillment purposes.
4. User Conduct Restrictions
You agree not to engage in any of the following prohibited activities:
Sending spam or unsolicited communications
Harassment, abuse, or threatening behavior
Fraud or misrepresentation
Impersonating another person or entity
Scraping, crawling, or automated data extraction from the platform
Any illegal activity or violation of applicable laws and regulations
5. Content Responsibility
You retain ownership of the content you submit to onbrand. However, by submitting content, you grant onbrand a perpetual, worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute your content in connection with operating and promoting the platform.
6. Liability Limitations
To the maximum extent permitted by applicable law, onbrand's total liability to you for any claims arising from your use of the platform shall not exceed $100. Any claims must be brought within 18 months of the event giving rise to the claim.
7. Release & Indemnification
You release onbrand, its affiliates, officers, directors, employees, and agents from any claims, damages, or losses arising from your use of the platform or interactions with other users. You agree to indemnify and hold harmless onbrand from any third-party claims, damages, or expenses (including reasonable attorney's fees) arising from your conduct on the platform.
8. Code of Conduct
All users must treat each other with professionalism and respect. Harassment, discrimination, abusive behavior, and any conduct that creates a hostile environment are strictly prohibited and may result in immediate account termination.
Partner Terms
Proposal Process: Partners submit proposals to brands through the platform. Brands review and approve or decline proposals at their discretion.
Product Handling: Partners are responsible for the proper handling, storage, and use of product samples received through the platform.
Fees: Participation in the network is free. Premium features may be available for additional fees as described on the platform.
Intellectual Property: Partners retain ownership of content they create. Partners grant brands a limited license to use content as agreed in the partnership terms.
Brand Terms
Fees: Brands are responsible for the cost of products shipped to partners. Premium analytics and features are available for additional fees.
Fulfillment: Brands are responsible for timely shipment of products to approved partners.
Refunds: No refunds are available on products that have been shipped.
Content Control: Brands may specify content requirements and guidelines as part of partnership agreements.
Data: Brands receive aggregated analytics and performance data. Raw personal data of partners is not shared with brands.
Termination:Brands wishing to terminate their account must provide 90 days' written notice.
Payment & Taxes
All payments are processed through Stripe. onbrand does not store payment card data. Users are responsible for all applicable taxes related to transactions conducted through the platform.
Dispute Resolution
Any disputes arising from these Terms or your use of the platform shall first be subject to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Class action lawsuits and class-wide arbitration are not permitted. These Terms are governed by the laws of the State of Delaware.
Force Majeure
onbrand shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, or failures of third-party services.
Non-Circumvention
For a period of 12 months following your last use of the platform, you agree not to circumvent onbrand to conduct transactions with any counterparty discovered through the platform. In the event of a violation of this provision, you agree that minimum liquidated damages of $25,000 per violation are reasonable given the difficulty of calculating actual damages.