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🛣️ Giving you the freedom to make purchases with an international card in US dollars requires some ground rules to ensure that we are Ontop of the important details. We are committed to making your path as simple and transparent as possible. If you feel that anything in these Terms is unclear or difficult to understand, please let us know by sending us an email to 📥 legal@getontop.com. We are truly concerned about constantly improving your legal experience and welcome your feedback.
These Ontop Card Terms of Service (“Terms”) form the basis of the legally binding contract between you and us, in relation to your use of the Ontop Card.
THESE TERMS REPLACE AND SUPERSEDE THE CARD TERMS OF SERVICE, LAST UPDATED ON JULY 18, 2025, AVAILABLE AT https://www.getontop.com/legal/card-terms-of-service. THESE TERMS SHALL APPLY AS OF DECEMBER 15, 2025 (“Effective Date”). Historical data and card activity under the previous card provider will remain accessible to you. However, your Card number and information will be updated due to a new BIN range introduced with Ontop Card Provider. This change may affect your access to physical cards or their operability. Ontop provides no guarantee as to the uninterrupted availability of card features, and you agree to use the Card “AS IS”.
🧐 PLEASE READ THESE TERMS CAREFULLY BEFORE USING ONTOP CARD SERVICES. THESE TERMS ARE NON-NEGOTIABLE.
BY ACCEPTING THESE TERMS, BY (1) CLICKING A BOX INDICATING ACCEPTANCE OR CONFIRM, AND/OR (2) EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU AGREE TO THESE TERMS. IF THE INDIVIDUAL ACCEPTING THESE TERMS IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “WORKER” “YOU” “YOUR” “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.
The Services may not be accessed for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
Ontop’s competitors are prohibited from accessing the Services, except with Ontop’s prior written consent.
PURSUANT TO SECTION 9.10.1 of Worker T&Cs, EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS WAIVER SHALL NOT PREVENT EITHER PARTY FROM SEEKING PRELIMINARY OR INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION, WHERE APPROPRIATE.
You will be informed if these Terms are updated as described under Section 15 - Changes.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 16 - GOVERNING LAW AND DISPUTE RESOLUTION) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Let’s Begin! Overview of the Worker Wallet
Summary: These Card Terms work together with the Worker T&Cs and include rules from our Privacy Policy, Acceptable Use Policy, AML/BSA Policy, and others. Your data may be used for fraud prevention. The Wallet is operated by Ontop and its partners, not a bank, and services may involve regulated institutions.
1.1.1 Worker T&Cs and Worker Wallet Terms.
By using our Ontop Card Services, you agree to use the Worker Wallet and to be bound by the Worker T&Cs and Worker Wallet Terms. Any matter not governed and/or regulated under these Terms will be subject to the Worker T&Cs and/or Worker Wallet Terms. In the event of any conflict or discrepancy between these Terms, Worker Wallet Terms, and the Worker T&Cs, these Terms will govern.
1.1.2 🔐 Privacy Policy.
Pursuant to Section 6 of the Worker T&Cs, the Ontop Privacy Policy (“Privacy Policy”) your use of the Onto Card involves the collection and processing of certain personal data, including transaction details, device information, and identity-related data, for purposes such as fraud prevention, regulatory compliance, and service delivery. This processing is carried out in accordance with our Privacy Policy, which is incorporated by reference and applies in full to the Wallet Services. By using the Wallet, you acknowledge and consent to this data processing as permitted under applicable data protection laws.
1.1.2.1 Data Processing in the Context of Fraud Prevention. For all instances of Wallet transactions, including but not limited to personal account number, transaction date and time, routing number, crypto wallet address, transaction amount, Merchant information (name, ID, URL), and, if applicable, the IP address from which the transaction was initiated will be stored.
1.1.2.2 This data will also be processed and evaluated for the creation of a User profile for the purpose of fraud prevention by service providers specializing in this area on our behalf. You hereby authorize us to exchange your personal data with the Ontop Card Provider or third-party service providers for the purposes of fraud prevention and/or related data processing.
1.1.2.3 Your Rights Regarding This Processing. Under applicable data protection laws, you have the right to object to processing based on our legitimate interests. Furthermore, if a transaction is declined or your account is impacted as a result of our automated fraud prevention systems, you have the right to request human intervention to review the decision. You can learn more about these rights and how to exercise them in our Privacy Policy .
1.1.3 Additional Policies Incorporated by Reference
Pursuant to Section 6.4 of the Worker T&Cs, your use of the Worker Wallet is also subject to additional policies incorporated by reference, including but not limited to:
These policies and declarations, as updated from time to time, form an integral part of your agreement with Ontop. By using the Ontop Card, you acknowledge that your activities are governed by these policies to the extent they are relevant. This acknowledgment does not constitute consent for any data processing activities for which we are legally required to obtain your separate, active consent.
1.2 Who We Are 🧭
Ontop and/or its affiliates and subsidiaries (“Ontop Group”) offer their products and services through the Ontop Platform. By creating a Worker Account and accepting these Terms, you gain access to the Ontop Platform under the terms set out in the Worker T&Cs. From time to time, Ontop or other members of the Ontop Group may provide you with Ontop Services under separate service schedules and/or Statements of Work (“SOWs”), each of which incorporates the terms of this Agreement by reference.
Ontop is not licensed as a bank in the US and does not provide banking services. Ontop Holdings Inc. and Ontop Payment and Credit Operations LLC are registered with the Financial Crimes Enforcement Network (FinCEN) and renew their registration annually.
2. Who or What is That? 🙋
Any capitalized terms that are not defined by these Terms will have the meanings ascribed to them in the Worker Terms of Services (“Worker T&Cs”) or Ontop Worker Wallet Terms of Service (“Worker Wallet Terms”)
🧾 “Card Account” or “Account” is an Electronic Money account automatically created by the Ontop Card Provider to carry out transactions in relation to the Ontop Card.
📶 “Card Not Present Transaction” means an Internet transaction using the Ontop Card.
⚡💵 “Electronic Money” is monetary value stored on electronic media (such as the Ontop Card: a prepaid electronic card) designed for general use purposes.
🏪 “Merchant(s)” are any and all establishments and/or providers of goods and services that accept and/or receive payment via the Ontop Card at Visa acceptance points, which includes any e-commerce and/or internet payment solutions for commercial transactions.
🔛🔝 “Ontop”, “us”, “our”, and “we” mean Ontop Holdings Inc., a US corporation organized under the laws of the State of Delaware, as well as its affiliates and/or subsidiaries, collectively the “Ontop Group”.
💳 “Ontop Card” or the “Card” is an Electronic Money card with our branding that will be offered both physically and electronically by the Ontop Card Provider to you to carry out transactions. The Card may be used internationally.
💻 “Ontop Platform” or the “Platform” means the software as a service (SaaS) platform available via login through the Ontop website located at www.getontop.com, as well as through mobile apps available on Apple iOS, Android, among others.
🧪💳 “Physical Card” means the physical version of the Ontop Card, which may be available to you. This version of the Ontop Card may be delivered to you by us or the Ontop Card Provider. Certain conditions may only apply to the Physical Card.
🔢🤐 “Password” is a secret password that will be provided to you with the Ontop Card, in the form of a PIN Code or otherwise. The Password will be the only one that you can use to make purchases in affiliated Visa network establishments, as applicable to the Card, as well as to make cash withdrawals at ATMs. You assume full responsibility for safeguarding and not disclosing your Passwords, since all transactions made through the use of the Passwords will be considered as validly made by you.
👉 “User”, “Cardholder”, “you” and “your” are the independent contractors (the “Contractor(s)”) that use Ontop's worldwide remote working alternative solution that connects them with clients (the “Client(s)”), and who can apply to be eligible for an Ontop Card.
🛂 “Visa” is the official card network for the Ontop Card that facilitates the transfer of funds from the Ontop Card held by the Cardholder to merchants.
💵 “Worker Wallet” is an e-wallet platform available on the Ontop Platform to Contractors who have access to information on amounts receivable under the terms of their contract(s) with Client(s). Through the Worker Wallet, Contractors may request that funds in their Worker Wallet be transferred to their personal bank accounts via wire transfers, ACH payment processing environment, and/or other available payment methods, including top-ups to the Card Account balance.
3. Requesting an Ontop Card 📋💳
3.1 You can request an Ontop Card from within the Ontop Platform, in the section "Ontop Card".
3.2 You must be of legal age and have filled out the identification information required by Ontop. You represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).
3.3 If you are registered on the Ontop Platform as a legal entity Contractor and request an Ontop Card, we will perform checks to confirm your identity as a sole proprietor and/or legal representative of that legal entity. The Ontop Card will be issued in your name as a natural person, in your capacity as sole proprietor and/or legal representative of the legal entity Contractor.
3.4 Once you have applied for the Ontop Card, we will review your application at our sole discretion. This will include carrying out background checks, which must comply with Ontop and Ontop Card Provider requirements for issuing the Ontop Card. The criteria that we apply when determining the approval of applicants for the Ontop Card make use of risk-based assessments in our compliance processes and internal procedures. We reserve the right to update, modify, and otherwise alter, at our sole discretion, the criteria we adopt in approving Ontop Card applications. For the avoidance of doubt, the Ontop Card is available only in specific jurisdictions. If the Ontop Card is not available in your jurisdiction, you will not be eligible to have the Ontop Card.
3.5 Nevertheless, Ontop and Ontop Card Provider represent and warrant that they will not apply any discriminating criteria based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of their decisions to issue an Ontop Card.
3.6 The conversion of the amount received into its equivalent in Electronic Money, through storage in any electronic medium, which includes the issuance itself, conversion into cash (withdrawals), transfers, payments, and any other movement or transaction linked to the monetary value stored on the electronic medium. Any Card purchase made with your Ontop Card will also be debited from your Worker Wallet and reflected in your Wallet balance. You acknowledge that all Card transactions are processed using Wallet funds, and your available balance will be adjusted accordingly.
3.7 By accepting these Terms, you also agree to the Ontop Card Provider contractual agreement, the "Electronic Money General Account Agreement for Natural Persons", which is attached hereto as Exhibit A below (“Ontop Card Provider Contract”).
4. Ontop Card Usage, Conditions, Limits and Restrictions 💳🛑🚦
a) Cash Withdrawals or Reconversions (applies to Physical Card only): If available, you may make local and international cash withdrawals at all supported ATMs. Withdrawals may be made in any currency, in which case they will be subject to the applicable exchange rate(s). A fee may be charged by us, the Ontop Card Provider, and/or Visa, or any other financial institution involved in the ATM transaction, for cash withdrawals at ATMs and at counters (the fee may vary between ATMs and counters and is normally available on demand or when using the ATMs). We reserve the right to (i) limit the amounts for cash ATM withdrawals; and (ii) restrict the geographical locations where cash ATM withdrawals are permitted (as set forth in Section 7.3 below). Availability, functionality, and geographic restrictions apply, and Ontop cannot guarantee ATM access or acceptance at any given location. ATM withdrawals are subject to the following limits: $500 per transaction, $500 daily limit (maximum 1 transaction per day), and $1,500 monthly limit (maximum 30 transactions per month).
b) Purchases: You may make purchases for the payment of goods and/or services in Merchant establishments affiliated with the Visa network, as applicable to the Ontop Card. The sum of the purchase will be debited from the Worker Wallet and visibility in the “Card Transaction” section on the Platform. In addition, you may make purchases on local and international websites. In any case, purchases may be made in any currency, in which case they will be subject to the applicable exchange rate(s).
c) Card Account Balance and Transaction Inquiries: You may make Card Account balance and transaction inquiries by means of (i) the Ontop Platform, (ii) the Ontop contact/support center (hereinafter the “Ontop Contact Center"), and (iii) ATMs (applies to Physical Card only).
d) Forex Transactions: When using the Ontop Card in foreign currencies, i.e., non-USD transactions related to items c) and d) of this Section 4, you acknowledge that a processing surcharge on the total amount converted into USD may apply. You also agree to the conversion rate used by Ontop and/or the Ontop Card Provider on the date of international transaction processing.
e) Physical Card Signature: When using the Physical Card and signing the manually or electronically generated purchase or subscription receipt, the signature must match that on the Physical Card. A Merchant may require the presentation of an official identification document. The receipt must always be retained and kept by you.
f) Transaction Notifications: You may be able to receive mobile notifications on confirmed or failed transactions. This will depend on your type of device and the version of the Ontop mobile app you have installed. As mobile notifications may be subject to error, the Card Account balance and transaction history from within the Ontop Platform is to be considered the official source of reference for the Card Account.
g) Static CVV and 3DS: If applicable, your Ontop Card will include a static Card Verification Value (CVV) rather than a dynamic CVV. Your transactions may also be protected through the “3D Secure” protocol (3DS), which may require additional user authentication to complete purchases. You acknowledge that these security features are designed to enhance transaction security but may change without notice.
If available, it may be possible to use the Ontop Card on mobile payment systems via tokenization processes on the Ontop mobile app (“Ontop Pay”) or through third-party providers (such as Apple Pay or Google Pay, among others) that allow for Users of the Ontop Card to carry out transactions in point-of-sale (“POS”) terminals via contactless payment technologies such as NFC (near field communication) (“Mobile Payment System(s)”). In order to use Mobile Payment Systems, you must have an account with the Mobile Payment System provider; a device that meets the system and compatibility requirements, which may change from time to time; working Internet access; and compatible software. Your ability to use Mobile Payment Systems with the Ontop Card may be affected by these factors. Such system requirements are your responsibility. Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms and conditions when using Mobile Payment System applications.
4.2.1 Availability of Ontop Pay. Your Ontop Card may be eligible for use with Ontop Pay, subject to the availability of these services and device compatibility. Ontop does not guarantee ongoing uninterrupted access to these features, access or compatibility with Mobile Payment Systems, and availability may vary by region and service provider.
The Ontop Card usage, its Password, and withdrawal limits may be extended, restricted, or canceled at any time. Special daily and aggregate limits may apply to cash withdrawals and transactions. The transactions you carry out with the Ontop Card will be subject to the transactional limits, whose details are made available to you on the Ontop Platform. Such limits are established by Puerto Rico’s Office of the Commissioner of Financial Institutions in Puerto Rico and/or Ontop’s own discretion, based on compliance analysis.
The Ontop Card entitles you to pay for goods and services at the relevant Merchant establishments and acceptance points within the limits set by us, as follows:
a) by use of your Password;
b) by use of your signature (Physical Card);
c) over the telephone, Internet, correspondence, and all other purchases or service withdrawals in which you waive personal authorization and initiate the transaction solely by providing your name, card number, expiration date, and - if requested - the card verification code (CVC) affixed to the signature strip or automatically generated by our Platform. In the case of Internet transactions, you may be required to enter a Password, authorize the transaction via an app or in another manner specified by us and/or the Ontop Service Provider, and
d) through Physical Card use without a Password, signature, or other personal authorization (e.g., at automated payment points in parking garages, on highways, or with contactless readers).
4.4.1 A transaction initiated in accordance with subparagraphs a) to d) above and the use of the Card for cash withdrawals by entering the Password or signing the withdrawal slip shall be deemed to have been authorized by you, even if the person initiating the transaction is not the Cardholder. Consequently, you acknowledge the stated claim of the Merchant. At the same time, you expressly and irrevocably request Ontop to reimburse the amounts to the relevant Merchant. We are entitled to debit the amount of the electronically registered transaction made in this way to the Ontop Card balance. The risks arising from the misuse of the Card shall be borne by you.
4.4.2 A transaction triggered in accordance with subparagraphs a) to d) above may be for one-time payments, recurring payments, or future payments of an unspecified amount (the latter two referred to as “Recurring Payment(s)”). If you provide Card data for Recurring Payments with Merchants, the new Card data will automatically be forwarded to these Merchants via Visa as part of Card renewals. You may delete the Card data provided to the Merchants or contact us to request an interruption of the automated forwarding of the Card data at any time. The cancellation of a Recurring Payment does not necessarily lead to the interruption of any subscription, which is why the latter must be canceled by you directly with the Merchant.
You may request to receive a Physical Card, either in plastic or metal, which is subject to availability and may also be subject to the payment of an issuance fee. The Ontop Physical Card may be offered as part of the benefits of a subscription plan related to the Worker Wallet and/or Card, in which case, the specific terms of service of the subscription plan will apply. We make no assurances with respect to delivery times, which may vary depending on your location, but we will make all efforts to deliver the Physical Ontop Card in the shortest time period possible.
4.6 Duties of Care of the Physical Cardholder.
As a holder of a Physical Card, you agree to exercise the following duties of care:
4.6.1 Signature. Immediately upon receipt, you must sign the Physical Card on its reverse side using writing material that is suitable for documents (e.g., ballpoint pen).
4.6.2 Safekeeping. You must carefully store the Physical Card at all times. In particular, it may not hand over or otherwise make accessible the Physical Card to third parties, except for its intended use as a means of payment. If the storage system is defective or otherwise limited in its function, you are obliged to immediately ask us for a replacement.
4.6.3 Loss, Theft, and Card Misuse. If your Physical Card is lost, stolen, or if there is any other possibility of misuse and/or unauthorized use, you must report such events to us immediately through the designated communication channels.
4.6.4 Confidentiality of Password. You are required to keep your Password secret at all times. Your Password may not be disclosed to third parties and may not be recorded, even in encrypted form. The personally changed Password must not consist of easily ascertainable combinations, such as telephone numbers, dates of birth, and car license plates, among others.
4.6.5 Notification of Changes to Cardholder Information. You must notify us immediately in writing of any changes to the information provided in your application for the Ontop Card (in particular, Cardholder name, address, and Card Account changes, as well as changes in the beneficial owner(s) and/or nationality), as well as any significant deterioration in income or financial circumstances. In addition, we must be notified immediately if changed facts give rise to a new tax liability, in particular in the USA. Until a new address is received, notices from us to the last address provided shall be deemed to have been validly delivered.
4.7.1 Failure or Delay in Transactions. You acknowledge that Ontop, Ontop Card Provider, card processor, or any involved payment service provider may place a temporary hold on transactions for compliance with anti-money laundering (AML), fraud, or risk review procedures. These reviews may result in delays exceeding the typical processing time displayed on the Ontop Platform. Should a transaction be placed on hold, we will provide notification where permitted, and you have the right to request information regarding the reason for the review. You agree that Ontop shall not be liable for any losses, penalties, third-party claims, or damages arising from these delays or from any transaction failures beyond its control, including but not limited to missed deadlines, penalties, or third-party claims. We are not responsible for any failure or delay caused by third parties, including but not limited to Merchants, establishments, or any telecommunication or Internet service providers. We are not an agent of any Merchant or service provider, nor are they agents of Ontop.
4.7.2 Overdraft. Depending on the nature of the transaction made with a specific Merchant, including but not limited to refunds on purchases, tipping on food and beverage bills, the Card Account balance may be affected by overdraft, i.e., the Card will authorize payment for amounts greater than the Card Account balance. In such cases, we reserve the right to charge your Worker Wallet to cover any negative balances in your Card Account at any time or withhold future payments to reconcile negative balances as set forth in Section 4.9 of these Terms.
4.7.3 Reimbursement for Damages in Events of No Fault. If you have complied with the duty of care requirements set out in these Terms and are not otherwise at fault, Ontop and/or Ontop Card Provider may, at their sole discretion, reimburse you for direct losses incurred by you arising from unauthorized transactions resulting from the fraudulent use, counterfeiting, or falsification of your Card by an unrelated third party. If you notify Ontop of the unauthorized transaction within two (2) business days after you become aware of the loss, theft, or compromise of your Card, device, or Password, your maximum liability will be fifty US dollars (USD 50). (ii) If you fail to notify Ontop within two (2) business days, your liability may increase. (iii) If you do not notify Ontop within sixty (60) days after the date the transaction first appears on your Card Account statement or on the Platform transaction history, you may be liable for the full amount of the unauthorized transactions occurring after such a sixty (60) day period. To report an unauthorized transaction, you must contact the Ontop Contact Center through the official channels listed in Section 4.8 and Section 4.12. Reimbursement shall not apply if the unauthorized transaction was caused, directly or indirectly, by (a) your negligence, recklessness, or breach of these Terms, including failure to report loss or theft in a timely manner; (b) actions or omissions by individuals related to or connected with you, such as spouses, authorized users, representatives, or persons residing in the same household; (c) your failure to implement or maintain adequate security measures; or (d) your delay in notifying Ontop after becoming aware of the unauthorized transaction. Ontop and/or the Ontop Card Provider are not liable for any consequential, indirect, or incidental damages, or for any damages relating to insurance coverage or loss of profits. If reimbursement is granted, you agree to assign all related claims, rights, or causes of action to Ontop and/or the Ontop Card Provider and to cooperate in any investigation or recovery proceedings.
4.7.4 Breach of the Duty of Care. If you fail to comply with the duty of care, you shall be liable, without limitation, for all losses resulting from misuse of the Card until any blocking becomes effective.
4.7.5 Disclaimer on Card Transactions. Ontop and/or the Ontop Card Provider disclaims all warranties and liability for transactions concluded using the Card; in particular, any complaints regarding goods or services received, as well as disputes and claims arising from such transactions, which must be settled directly with the Merchant in question.
4.7.6 Non-Acceptance of the Card. Ontop and/or Ontop Card Provider assume no responsibility in the event that a Merchant refuses to accept the Card for any reason whatsoever, or that a payment cannot be made with the Card for technical reasons or otherwise. The same applies to cases in which it proves impossible to use the Card at a machine or POS terminal and/or if the Card is damaged or rendered unusable by the machine or POS terminal.
4.7.7 After Termination of the Contractual Relationship. The right to use the Card, in particular for telephone, correspondence, or Internet orders, shall expire in any event upon termination of the contractual relationship or after reclaiming or returning the Card. Even after the termination of these Terms or the reclaiming of the Card, you shall be liable for any damages you have caused. Unlawful use of the Card may be subject to civil and/or criminal prosecution.
4.7.8 Mobile Payment System Liability. Notwithstanding Section 4.2 above, we shall not be held liable for any indirect, special, punitive, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Ontop and/or a third-party Mobile Payment System provider have been advised of the possibility of such damages.
If you believe that an amount was incorrectly deducted from your Ontop Card, you must contact our Ontop Contact Center without delay through (i) the support channel; (ii) WhatsApp +1(786) 655-8772; or (iii) Webchat at support@getontop.com. If an amount is not disputed within ninety (90) days after the transaction date, we may (at our sole discretion) not be able to provide you with a refund. A written complaint must also be submitted within forty-five (45) days of the date of the disputed transaction, at the latest, otherwise the Card Account balance shall be deemed to have been approved by you. In the event that we request that you complete a claim form, you must complete and sign it within ten (10) days of receipt and send it to us. In the event of damages, you are obliged to file a criminal complaint with the competent police authority and to request a copy of the complaint. We do not assume any liability for claims relating to the processing of payments with the Ontop Card by third-party Merchants. Such claims shall be subject to and governed by the third-party Merchant’s terms and conditions.
Reporting timelines under Section 4.7.3 also apply to unauthorized transactions for purposes of liability caps (two (2) business days and sixty (60) days).
You acknowledge that your Ontop Card, Worker Wallet, or Platform balance may reflect a negative value if you spend more funds than are available. This may occur due to pending transactions, merchant-specific behavior (e.g., pre-authorizations, tipping), system glitches, errors, processing failures, foreign exchange losses, or delays attributable to Ontop, Clients, Merchants, BIN Sponsors, Card Processors, and/or third parties, or accidental over-crediting. Ontop reserves the right to deduct any such overdrawn amount from your Worker Wallet, Card, or withhold future payments to reconcile negative balances. You agree to promptly repay any negative balance and authorize Ontop to recover such amounts in accordance with these Terms.
If you initially access the Ontop Platform and receive an Ontop Card as an individual and subsequently enter into a service agreement or begin using the Platform through a business entity, or vice versa, you expressly authorize Ontop, at its sole and absolute discretion, to cancel any Ontop Card previously issued to you. In such a case, the most recently issued Ontop Card shall prevail and supersede any prior Card. Ontop may, at its discretion, transfer any remaining balance from the canceled Card to the new Ontop Card. You acknowledge and agree that (i) Ontop has no obligation to issue a new Ontop Card if you begin using the Platform through a business entity that includes multiple beneficial owners or otherwise fails to meet the issuance criteria established by Ontop or its card partners; and (ii) this cancellation and any associated movement of funds may have legal, tax, accounting, or regulatory consequences, and Ontop assumes no responsibility or liability for any outcomes, obligations, legal, tax, accounting, regulatory, or reporting duties consequences arising from such cancellation, issuance, or non-issuance of a Card. You remain solely responsible for evaluating and addressing any resulting implications in your jurisdiction(s).
4.11 Card Cancellation upon Contract Termination and Card Cancellation due to Inactivity.
4.11.1 Card Cancellation upon Contract Termination
You acknowledge and agree that, in the event your contract with Ontop is terminated and there are no available funds in your Card Account, your Ontop Card will be automatically cancelled.
4.11.2 Card Cancellation due to Inactivity
You acknowledge and agree that if your Ontop Card remains unused for a period of six (6) consecutive months, Ontop may cancel the Card due to inactivity. Prior to cancellation, Ontop will send you a reminder requesting confirmation of the Card’s cancellation. If you either confirm the cancellation or fail to respond within the timeframe indicated in the notice, Ontop will proceed with the cancellation. You may reactivate the Card at any time without incurring any reactivation fees
If you have a problem or complaint about your Ontop Card or these Terms, please contact our Ontop Contact Center support@getontop.com or legal@getontop.com.
5. Security Responsibilities of Your Ontop Card and Card Account
5.1 Responsibility of Account Security.
Pursuant to Section 1.1.1 above, you must comply with all applicable security responsibilities and measures set forth in Sections 4.1.4 to 4.18 of the Worker T&Cs and Section 7 Security Responsibilities of Your Worker Wallet Account of the Worker Wallet Terms. These include your obligations related to the Ontop Platform, Ontop Website, Worker Wallet, and any services derived from the use of the Card, Card Account, and its features.
6. Blocking your Ontop Card 🚫
A. DUE TO THEFT, ROBBERY, LOSS OF CARD, DEVICE, OR LOSS OF PASSWORD 🫥
6.1 Blocking the Ontop Card.
You must block your Card Account immediately in the event of theft, robbery, or loss of the Ontop Card or Password, or if you suspect that an unauthorized third party becomes aware of or has gained access to any of your Passwords or Card credentials. You may request to block your Card Account by contacting the Ontop Contact Center or through other channels that are made available and duly informed by Ontop. You remain solely responsible for all transactions made with the Card prior to Ontop’s receipt and confirmation of your blocking request. Ontop shall not be liable for any unauthorized transactions or losses incurred before such confirmation, even if you had already attempted to request a block. In order to effectively block the Ontop Card, you must perform a reverse withdrawal of all funds in the Card Account balance to your Worker Wallet. Failure to do so may result in continued risk of unauthorized use, for which Ontop assumes no responsibility. Ontop reserves the right to delay or refuse blocking in the event of conflicting or insufficient information, suspected fraud, or legal restrictions. You agree to cooperate with Ontop and provide any documentation necessary to verify the request and investigate the incident.
Prompt notice is critical to limit your liability for unauthorized transactions under Section 4.7.3. We recommend blocking your Card immediately and notifying Ontop no later than two (2) business days from discovery of any loss, theft, or compromise.
B. FOR OTHER REASONS
6.2 Temporary Block (Freeze) of the Ontop Card.
You may temporarily block your Card Account directly through the Ontop Platform or through the Ontop Contact Center. In order to activate your Card Account once again, you can do so through the Ontop Platform or the Ontop Contact Center, which shall be subject to a verification process.
6.3 Permanent Block of the Ontop Card.
You can permanently block the Card Account directly through the Ontop Platform or through the Ontop Contact Center.
C. BY ONTOP OR ONTOP CARD PROVIDER
6.4 Temporary Block for Legal Reasons.
Ontop or the Ontop Card Provider may, at their sole discretion and without prior notice, temporarily block or restrict access to your Card or the Account when (a) required by order of a competent judicial, regulatory, or governmental authority, (b) there is a reasonable suspicion of fraudulent, unauthorized, irregular, unusual, or illegal activity, including unexpected transaction patterns, unusual purchasing behavior, or use inconsistent with your profile; (c) your transaction or account behavior appear to violate Ontop’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Policy or any applicable law or regulations; (d) the information you provided in found to be materially false, misleading, or incomplete; or e) any third-party system, processor, or compliance partner identifies the transaction as high risk. Ontop and/or the Ontop Card Provider may notify you of such a block via email, phone, or other contact methods associated with your account, except where prohibited by law or ongoing investigations. You acknowledge and agree that Ontop shall not be liable for any losses, claims, or damages arising from or related to such blocking measures, including delays or denial of transactions. If your card is blocked, you have the right to request information on the reason for the block (unless legally prohibited) and seek a review of the decision
7. Access to our Card Services 🎟️
7.1 Certain Restrictions.
The rights granted to you under these Terms are subject to the following restrictions: (a) you shall not license, sublicense, sell, resell, rent, lease, transmit, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future releases, updates, or other added features of the Services shall be subject to these Terms.
7.2 Ownership.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets relating to the Services and their content, are owned by Ontop, its affiliates, and/or suppliers. These Terms do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
7.3 Prohibited Card Uses and Activities.
You may not use the Ontop Card to solicit or provide services for the benefit of: (a) an individual, organization, or country that is blocked or sanctioned by the United States, including those identified on the United States Office of Foreign Asset Control (OFAC); (b) any unaffiliated third parties; or (c) any other services not for the benefit of a Cardholder. Further, you may not use the Ontop Card to solicit or provide services involving or related to any of the items in the lists of Prohibited Uses and Prohibited Activities contained in our Acceptable Use Policy. If Ontop suspects or determines that you are using the Services in any way related to activities listed under Prohibited Uses or Prohibited Activities of our Acceptable Use Policy, we reserve the right to disable your Card Account, freeze any funds in your Card Account, and report your activity to our financial services providers and/or other regulatory authorities with jurisdiction over our operations and/or you.
7.4 Usage.
Use of your Ontop Card means that you agree to these Terms. You will use the Ontop Card in accordance with these Terms or as we may otherwise communicate to you from time to time. You will not use the Ontop Card for illegal, fraudulent, or defamatory purposes or take any steps that could undermine the security or integrity of our Services or cause harm to or threaten to harm any of our other Users.
8. Term and Termination ⏳✂️
8.1 Term.
These Terms will remain in full force and effect for as long as you use the Ontop Card Services.
8.2 Termination by Ontop and/or Ontop Card Provider.
Ontop and/or Ontop Card Provider may terminate the relationship with you under these Terms, immediately, at its sole discretion, without prior notification, in any circumstances, including but not limited to:
a) If the Card Account is inactive (no transactions) for a period equal to or greater than six (6) months;
b) Acts of God or force majeure event (as defined below);
c) In the event of the application of prudential regulations issued by Puerto Rico’s Office of the Commissioner of Financial Institutions, or any applicable law(s);
d) If you provide false, incomplete, or insufficient information, and/or
e) If the continued existence of the usage of the Card and related Services violates these Terms, Ontop and/or Ontop Card Provider’s internal and/or acceptable use policies, or any applicable law(s).
8.2.1 In the cases described in subparagraphs c) and d) above, the notification for termination of the Services or blocking the Card Account will become effective within seven (7) calendar days following notification. In all other cases, we will inform you of the decision to terminate the Services with three (3) business days’ prior notice.
8.2.2 Once our Card Services have been definitively terminated, you can only obtain a refund of the funds available on the Ontop Card after notifying the Ontop Contact Center to inform them of the instructions for the return.
8.2.3. Except in exceptional circumstances (such as suspected fraud, AML/CFT concerns, or a direct order from a competent authority), we will provide you with reasonable prior notice.
8.3 Termination by Cardholder.
8.3.1 You can refrain from using and terminate the Ontop Card Services at any time by making a request through the Ontop Platform. You can obtain a refund of the funds available on the Ontop Card after notifying the Ontop Contact Center to inform them of the instructions for their reimbursement.
8.3.2 If you do not consent to the changes in the Card Provider, Card Processor, or functionalities listed in these Terms, you may cancel your use of your Card and any subscription plans tied to the use of the Card. Certain features and access to Ontop Card Services may be discontinued upon cancellation.
8.4 Death or Incapacity of a Cardholder.
Following notice of death or incapacity of a Cardholder, we may freeze the Card Account balance, refuse to accept transactions, and reverse or return deposits. Neither Ontop nor the Ontop Card Provider is required to release the funds until we receive any documents reasonably requested to verify such death or incapacity, as well as who is entitled to the funds in the Card Account balance. If a Cardholder dies while residing outside of the United States, we may require a personal representative to be appointed by a court in a United States jurisdiction. If Ontop or the Ontop Card Provider has any tax liability when making payment of the balance to the Cardholder’s estate, the estate will be responsible for repaying Ontop and/or the Ontop Card Provider the amount of that tax. Any processing of personal data in this context will be handled securely and in accordance with our Privacy Policyand applicable law.
8.5 Abandoned Property.
If your Card Account is terminated, Ontop and/or Ontop Card Provider shall return any Card Account balance funds, less any fees, claims, set-offs, or other amounts deductible. We may transfer the balance from the closed Card Account by check or wire transfer to your last known ACH Account or the Worker Wallet, at our sole discretion. Funds that cannot be returned or transferred will be considered abandoned pursuant to the laws of the State of Delaware.
8.6 Survival.
Any of the provisions hereunder which by their nature are meant to survive expiration or early termination of these Terms for any reason will remain in effect, including but not limited to the following: Sections 3 - Requesting an Ontop Card, 4 - Ontop Card Usage, Conditions, Limits and Restrictions, 5 - Blocking your Ontop Card, 6 - Other Terms Applicable to Ontop Card Services, 7 - Access to the Services, 9 - Indemnification, 11 - Force Majeure, 12 - Waiver Set-Off, 13 - Limitation of Liability, 14 - Tax Matters and 15 - General.
9. Indemnification 💰
9.1 Indemnification.
You agree to indemnify, defend, and hold Ontop (and its affiliates, subsidiaries, officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all claims or demands made by any third party due to or arising from (a) your use of the Services provided by Ontop, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, including any applicable tax laws or similar legislation in your jurisdiction. We reserve the right, at your expense, to take on the sole defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claims, actions, and/or proceedings when we become aware of them.
9.2 Release.
You hereby release and forever discharge Ontop (and its subsidiaries, affiliates, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly from, or that relates directly or indirectly to, the Services.
10. Disclaimer ⚠️
THE ONTOP CARD AND ANY RELATED SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONTOP, ITS AFFILIATES, CARD ISSUER, CARD PROCESSOR, SUPPLIERS, AND THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ONTOP MAKES NO WARRANTY THAT THE ONTOP CARD, ITS FEATURES, OR RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ONTOP DOES NOT WARRANT THAT THE CARD OR SUPPORTING SYSTEMS WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR DELIVER ANY PARTICULAR RESULTS, NOR THAT THE PLATFORM OR INFRASTRUCTURE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT USE OF THE CARD AND RELATED SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, OR DELAYS INHERENT TO TELECOMMUNICATIONS, MOBILE NETWORKS, OR INTERNET CONNECTIVITY, AND ONTOP SHALL NOT BE RESPONSIBLE FOR ANY SUCH LIMITATIONS OR FAILURES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONTOP OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE ONTOP CARD OR RELATED SERVICES, ANY AND ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH CASES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, especially in relation to consumer guarantees or fundamental data protection rights, AND THE WARRANTIES SHALL BE LIMITED TO THE MINIMUM EXTENDED PERMITTED BY LAW.
Ontop will actively work to keep your personal data safe and secure, in accordance with data protection laws. Respect any of your statutory rights or our legal responsibilities that cannot be waived or disclaimed in your jurisdiction.
11. Force Majeure 🌊🌪️🌩️
You may not hold Ontop liable for failure or delay in the performance of its obligation under these Terms or any agreement entered by and between Ontop and you if such performance has been made impracticable by the occurence of a contingency not reasonably within the control and without the fault of Ontop, including compliance with any applicable foreign or domestic governmental regulation or order, any interruption of the Services due to any act of God; blockage, accidents, disturbance or encumbrance of the telecommunications, transport or procurement networks of whatever reason; strike, equipment or transmission failure blockage, shortage of materials, riots, disturbance or encumbrance of the telecommunications, internet or other service disruptions involving hardware, software or power system not within Ontop’s possession or reasonable control, transport or procurement networks for whatever reason; poor quality or interruptions of electrical current; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; poor quality or interruptions of electrical current; virus or computer pirate attacks, insurrections or acts of a similar nature; state of war or embargo; acts of terrorism, total or partial strikes within or outside of the company; lock-out, social conflicts, sabotage or acts of vandalism; foul weather, epidemics, earthquakes, explosion, fires, storms, flooding, other natural disasters; water damage, incapacity to obtain raw materials or supplies; legal or regulatory modifications applicable to supplying the Services, and any other case reasonably beyond our control preventing the normal provision of the Services to you.
12. Waiver of Set-Off 📴
You waive the right to settle your obligations to us by offsetting them against any claims you may have against us.
13. Limitation of Liability ✋🛑
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONTOP (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THESE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF TEN THOUSAND US DOLLARS (U.S. $ 10,000.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Tax Matters 🚖⚛️
The Ontop Card is an Electronic Money card that is able to carry out financial transactions and hold monetary value. The funds deposited in the Card Account balance may be considered income under the applicable laws, rules, and regulations in your jurisdiction, and once deposited, such income may be considered realized for tax purposes. It is also possible that under the applicable laws, rule,s and regulations in your jurisdiction, you are required to pay taxes on a monthly, quarterly, or annual basis over amounts transferred to your Card Account balance but not spent on transactions, due to the income realization principle in your jurisdiction. In the event that there is non-compliance or insufficient compliance on tax matters, you agree to indemnify and to hold Ontop harmless to the fullest extent, from any and all claims which may be asserted against Ontop by any tax and/or government authority because Ontop has not withheld sums from you or because you have not complied with the tax obligations in your jurisdiction in a timely manner.
15. Changes 🔀
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our website. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective immediately. Continued use of our Card Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
16. Governing Law and Dispute Resolution ⚖️
16.1 Governing Law.
These Terms will be interpreted, governed, and construed in accordance with the laws of Puerto Rico, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not govern these Terms nor the rights or obligations of the parties under these Terms.
Any disputes, claims, or controversies arising out of or relating to these Terms, the use of the Platform, or any Worker Services shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. Both you and Ontop consent to the personal jurisdiction and venue of such courts and waive any objection based on an inconvenient forum.
EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS WAIVER SHALL NOT PREVENT EITHER PARTY FROM SEEKING PRELIMINARY OR INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION, WHERE APPROPRIATE.
16.2 Arbitration Agreement.
Please read this Arbitration Agreement carefully. It is part of your contract with Ontop and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.2.1 Applicability of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
b. Arbitration Rules and Forum. Ontop and you agree to attempt informal resolution of any dispute arising out of, related to, or in connection with this Agreement, your Account, or the Ontop’s services prior to any demand for adjudication of any kind and to notify each other in writing of any such dispute within thirty calendar days of when it arises. The Ontop and you further agree that if we cannot solve such dispute informally, any such dispute arising out of, related to, or in connection with this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s (“AAA”) rules for arbitration of consumer-related disputes. The arbitration will occur in the Commonwealth of Puerto Rico and will be conducted confidentially by a single, neutral arbitrator. The Ontop will not seek, and hereby waives all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration, unless the arbitrator finds that either the substance of your dispute or the relief sought in your request for arbitration (“Request”) was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). This Agreement evidences a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Notwithstanding anything to the contrary in this Section, the Ontop and you retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights, including copyrights, trademarks, trade secrets, database rights, and patents. In the event any provision of this Section is deemed invalid or unenforceable, then you agree and understand that the remaining portions of this Arbitration Agreement will remain in full force and effect.
c. Waiver of Jury Trial. Ontop AND YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The Ontop and you are instead agreeing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 38(a) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. d. Waiver of Class or Other Non-Individualized Relief. ONTOP AND YOU AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class of Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), Ontop and you agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the courts having jurisdiction over the issue. All other disputes shall be arbitrated. This subsection does not prevent you or Ontop from participating in a class-wide settlement of claims.
e. Authority of Arbitrator. Except as provided below, the arbitrator shall have exclusive authority to (i) determine the scope, enforceability and applicability of this Arbitration Agreement, whether the disputes are arbitrable, and the propriety of commencing the arbitration and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are: (i) all disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that same subsection is unenforceable, illegal, void or voidable, or that the same subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration”, all disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Ontop and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. Judgment on the arbitration award may be entered in any court having jurisdiction.
f. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Ontop agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Ontop by or with the assistance of the same law firm, group of law firms or organizations within a thirty (30) day period (or otherwise in close proximity), the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Ontop. You and Ontop agree to cooperate in good faith with the AAA to implement the Batch Arbitration approach including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as 20 authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
g. Severability. Except as provided in subsection 38(d) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
h. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Ontop makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Card and/or Ontop service constitutes your acceptance of any such changes.
i. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ontop.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD AND CONTACT CUSTOMER SERVICE TO CANCEL YOUR CARD.
17. Almost There! (AKA General) 🏁
17.1 Legal Authority Orders.
“Legal Authority Order” means any instruction, subpoena, court or administrative order, request for information and/or document that appears to have the force of law from an administrative body, court authority and/or arbitration tribunal, that requires Ontop or the Ontop Card Provider to provide information, hold or pay out funds from the Card Account, including, but not limited to a garnishment, attachment, execution, levy or any other similar order. Neither Ontop nor the Ontop Card Provider has the obligation to determine whether the Legal Authority Order was validly issued or enforceable. If a hold is in effect, Ontop or the Ontop Card Provider may continue to charge any applicable fees, if any, even though the Card Account cannot be closed or terminated. If any action, including administrative proceedings, garnishment, tax levies, restraining orders or any another legal action (“Legal Action”) is brought against you or your Card Account, you will be liable to Ontop for any loss, cost or expense (including attorney’s fees) resulting from compliance with any Legal Action and/or Legal Authority Order. If Ontop or the Ontop Card Provider receives a Legal Authority Order in relation to your Card Account, Ontop or the Ontop Card Provider is hereby authorized to comply with it to the fullest.
17.2 Assignment of Agreement and Successors.
This Agreement will be binding on your personal representative(s), executor(s), administrator(s), and/or successor(s), as well as on the successors and assigns of Ontop or the Ontop Card Provider. You may not assign, transfer, or grant a security interest in the Ontop Card and respective Account to anyone other than Ontop without our prior consent. No assignment will be valid or binding on Ontop, and we will not be considered to have knowledge thereof, until we consent to and make a record of the assignment or cause the Ontop Card Provider to make a record of such assignment.
17.3 Export.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Ontop, or any products utilizing such data, in violation of the United States export laws or regulations.
17.4 Electronic Communications.
The communications between you and us use electronic means, whether you use our website or send us emails. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy as if it were a hardcopy. The foregoing does not affect your non-waivable rights.
17.5 Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. The section titles used in these Terms are for convenience only and have no legal or binding effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Ontop is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and your rights and obligations hereunder may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontracting, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms to other companies or affiliates of the Ontop Group, whose. Provisions shall be binding upon assignees.
17.6 Copyright/Trademark Information.
All trademarks, logos, and service marks (“Marks”) displayed on the Ontop Card are our property, the property of the Ontop Card Provider, or other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Marks.
17.7 📥 Contact Information:
Address: 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808
Support: https://www.getontop.com/contact
EXHIBIT A - ONTOP CARD PROVIDER CONTRACT
