Terms of Service

Using Social Card Means Accepting these Terms

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy, are the entire Agreement between Social Card, LLC, a Delaware limited liability company, and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“Social Card” or “We”) and you (“You” or the “User”). These Terms govern Your use of: (a) the Social Card websites, including joinsocialcard.com, socard.me, app.joinsocialcard.com, and any other website operated by Social Card from time to time (the “Site”); (b) the Social Card mobile application for iOS and any other Social Card mobile applications we may make available (the “App”); (c) digital business card passes delivered through Apple Wallet, Google Wallet, and any similar digital wallet platforms (the “Wallet Passes”); and (d) any other products, features, content, analytics, scanning tools, and services made available by Social Card (collectively with the Site, the App, and the Wallet Passes, the “Service”).

By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. We may need to update these Terms from time to time. We reserve the right to update the Terms, replace parts of it or any related documents at our sole discretion at any point in time, as well as to limit or modify the Service. You agree, that the Social Card is not obliged to ask for your consent or give a notice to you on modifying or terminating the Service and is not liable to you upon exercising this right. On continuing to use the Service after the changes in Terms are published, you automatically agree with and accept the most recent changes.

Communications

You acknowledge and agree that Social Card may send You e-mails related to your account and/or the Service. You agree that Social Card, LLC can use your company name or logo in its advertising unless and until you tell us in writing not to.

Age; Eligibility

You must be at least 13 years old to access or use the Service. If You are a resident of the European Economic Area, the United Kingdom, or any other jurisdiction where the minimum age for consent to the processing of personal data is higher, You must be at least the applicable minimum age in that jurisdiction (which may be up to 16). Users under the age of 18 (or the age of majority in their jurisdiction) must have the permission of a parent or legal guardian to use the Service, and that parent or legal guardian must accept these Terms on the user's behalf.

The Service is not directed at children under the age of 13, and Social Card does not knowingly collect personal information from children under 13. If You believe a child under 13 has provided personal information to Social Card, please contact us at [email protected] and we will take steps to delete the information.

Account, Passwords, and Security

You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access or attempt to access, other Users' accounts and/or data.

Use of the Service

These Terms come in force from the moment you start using the Service in any form. Subject to these Terms over the course of the Terms’ duration, Social Card grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license for downloading, accessing, and using the Service. You agree to only use the Service for purposes in compliance with legal rules and regulations covered by the Terms, as well as all local, state, and federal laws. You are fully responsible for all activities you perform in connection with the Service, maintaining the confidentiality of your data, preventing the unauthorized use, access, and downloads of the Service by the third parties, as well as notifying Social Card of such fraud cases. Please note, that the Service only provides for a means to share information regarding you, your business, or other information (“Information“). You confirm that you are responsible for all Information shared using the Service.

Business Accounts

If you have been provided access to the service as part of your employer’s business account with Social Card, then you acknowledge that your right to access and use the Service is subject to the terms of a separate agreement between Social Card and your employer. Your access to the Service may be revoked by your employer at any time.

Data Processing Agreement (DPA)

As part of our commitment to GDPR compliance, we have included a Data Processing Agreement (DPA) that outlines the terms under which Social Card processes personal data on behalf of our customers, ensuring appropriate measures are in place to protect personal data. This DPA is applicable to all customers using our Service and is available at joinsocialcard.com/dpa.

For more details, please refer to the Data Processing Agreement.

Special Notice for International Use; Export Controls

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Restrictions to use of the Service

You should never allow unauthorized third parties to access the Service through sale, licensing, or sub-licensing, distributing, copying (other than backups of your data for personal purposes), renting, or leasing the Service. Your right to use and access the Service must not be transferred or granted to third parties. You agree to not interfere or attempt to interfere with the normal functioning of the Service or threaten the security of the Service or use the Service in any manner that could damage or disable the Service by any means, including but not limited to automatic devices and software. You must not access or attempt to access, transmit or distribute any information that we consider confidential, unlawful, infringing, or otherwise violating the law. You agree to not copy, distribute and modify any part of the Service without prior written consent and authorization of Social Card. You must not access or attempt to access any content of the Service including but not limited to technology, software, text, graphics unless entitled by Social Card through the Terms.

Billing

Payment Processors and Billing Lanes

Social Card makes the Service available through the following billing channels, each governed by the sub-section below:

• Website Billing (Stripe). Purchases and subscriptions initiated through the Site are processed by our payment processor, Stripe, Inc.
• Apple App Store (In-App Purchases). Purchases made through the App on iOS are billed by Apple, Inc. under Apple's Media Services Terms and Conditions.
• Enterprise Billing. Enterprise Customers may be billed by invoice under a separately executed order form, master services agreement, or other written agreement.

Website Billing (Stripe)

Purchases and subscriptions initiated through the Site are billed in United States Dollars through our payment processor, Stripe, Inc., unless otherwise stated. By providing payment information, You authorize Social Card and Stripe to charge the payment method You designate for all applicable fees.

Subscription plans automatically renew at the end of each billing period (monthly or annual, as selected by You) until You cancel. Cancellation must be initiated through the Service. Cancellation takes effect at the end of the then-current billing period; You will retain access to paid features until the end of that period. We do not prorate refunds for partial periods.

If You are not satisfied with the Service, Social Card will issue a refund for Your first subscription purchase within thirty (30) days of that purchase upon request. Subsequent purchases and renewals are not eligible for refunds except as required by applicable law. Eligible refunds will be issued to the payment method used for the original charge. Social Card does not issue cash refunds.

California Residents — Automatic Renewal Disclosure. In accordance with California Business and Professions Code Section 17600 et seq., Social Card will send You a reminder notice before Your subscription renews if Your subscription has an initial term of twelve (12) months or more, or if Your subscription auto-renews and the renewal term exceeds one (1) month. You may cancel Your subscription at any time through the Service. Your subscription will continue until canceled, and You will be charged the then-current subscription fee on each renewal date until You cancel.

Apple App Store (In-App Purchases)

Purchases made through the App on iOS, including any one-time in-app purchases, are billed and managed by Apple Inc. under Apple's Media Services Terms and Conditions, and are subject to Apple's payment, refund, and cancellation policies. Social Card does not process these payments and cannot issue refunds for App Store purchases. To request a refund, report a problem, or manage Your Apple ID billing, contact Apple directly at reportaproblem.apple.com. Purchased features associated with Your Apple ID may be restored to the App in accordance with Apple's policies. Upon termination of Your account or removal of the App, Social Card has no obligation to continue providing access to features that were purchased through the App Store.

Enterprise Billing

Enterprise Customers may be invoiced directly by Social Card. Payment terms for invoiced Customers will be set forth in the applicable invoice. Where Social Card and an Enterprise Customer have entered into a separately executed written agreement covering the Service (such as an order form or master services agreement), the terms of that agreement shall control with respect to its subject matter in the event of any conflict with these Terms.

General Billing Terms

You are responsible for all applicable taxes, duties, and similar governmental assessments associated with Your purchase of the Service, except for taxes based on Social Card's net income. If You have a question about charges made to Your account, please contact Social Card at [email protected] promptly. If charges were made in error, Social Card will credit Your account for the appropriate amount.

Social Card has a zero-tolerance policy for chargebacks on charges processed by Social Card. Any customer who disputes a credit card payment that Social Card determines to be valid may have their account suspended or terminated.

Privacy

Visit our Privacy Policy page for any information and notices regarding the collection and use of your data via the Service. By accepting these Terms, you are also agreeing to the Privacy Policy and accept all actions taken by us regarding your information in compliance with the Privacy Policy.

Links

The Service may contain links to third-party resources. You agree that Social Card is not responsible or liable for the reliability, security, or accuracy of any information, content, products, or services available on those websites and resources. You agree to bear all the risks associated with using these websites and resources.

Intellectual Property

All the technology, software, and content, including but not limited to the graphics, functionality, software, design elements and their arrangements, UI, text, concepts, ideas, logo, name, and the like, generated to create the Service are owned by Social Card, subject to copyright and other intellectual property rights and must not be used for other purposes than those explicitly regulated in the Terms. Any unauthorized use of the Service may violate intellectual property rights and other laws.

Social Card claims no intellectual property rights over the data You provide to the Service.

Your Stuff & Your Permissions

By using the Service, you provide us with things like your content, images, and so on(“Your Stuff”). Your stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Service. Our Service also offers other features that may require our systems to access, store, and interact with Your Stuff. You permit us to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Copyright Complaints

We respect the intellectual property rights of others. It is our policy to respond promptly to claims that content made available through the Service infringes the copyright or other intellectual property rights (“Infringement”) of any person, consistent with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable law and these Terms, including removing or disabling access to the material claimed to be infringing and terminating accounts in appropriate circumstances.

Notice of Infringement

To submit a notice of claimed Infringement to Social Card's designated DMCA agent, please include the following information (consistent with 17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Social Card to locate the material (e.g., the URL of the infringing content).
4. Your contact information, including name, address, telephone number, and email address.
5. A statement that You have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.

Notices should be submitted to Social Card's designated DMCA agent:

DMCA Agent, Social Card, LLC c/o Legalinc Corporate Services Inc. 131 Continental Drive, Suite 305 Newark, DE 19713, USA Email: [email protected] (subject line: "DMCA Notice")

Counter-Notification

If You believe that material You posted was removed or access to it was disabled by mistake or misidentification, You may submit a counter-notification to Social Card's DMCA agent that includes:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement, made under penalty of perjury, that You have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is outside the United States, for any judicial district in which Social Card may be found, and that You will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, Social Card has adopted a policy of terminating, in appropriate circumstances and at Social Card's sole discretion, the accounts of users who are deemed to be repeat infringers. Social Card may also, at its sole discretion, limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Misrepresentations

Please note that You may be held accountable for damages (including costs and attorneys' fees) under 17 U.S.C. § 512(f) for misrepresenting that any material or activity is infringing, or for submitting a counter-notification that misrepresents that material was removed or disabled by mistake or misidentification.

Content Review

You acknowledge that to ensure compliance with legal obligations, Social Card may be required to review certain content submitted to the Service to determine whether it is illegal or whether it violated these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that violates the law or these Terms. However, We have no obligation to monitor or review any content submitted to the Service.

Disclaimer of Warranties

The Service and Social Card content are provided on an “as is”, “with all faults” and “as available” basis, without warranty of any kind. We do not provide any guarantee, that the Service or Social Card content will meet your expectations and requirements, or will be available on an uninterrupted, secure, accurate, integrated, complete, and error-free basis. You agree, that you use the service at your sole risk and are fully responsible for any risk arising out of the Service performance. We expressly disclaim to the fullest extent permitted by applicable law all the warranties, related to products, services, or content, express, implied, statutory, and otherwise in connection with the Service.

Some jurisdictions do not allow disclaimers of particular warranties, and, to that extent, the foregoing disclaimers may not apply to you. To the extent that you live in a jurisdiction that refuses to enforce the foregoing disclaimers, Social Card disclaims all warranties, express and implied, to the extent permitted by law.

Limitations of Liability

The company is not liable for any direct, indirect, incidental, special, consequential, or punitive damages that occur as a result of your use of the Service, or your inability to use the Service. This limitation of liability will apply in any contract, tort any other claim. The Service assumes no responsibility and excludes any warranties for any errors or omissions in the Service, technical accessibility, fitness, or flawlessness of the Service.

You voluntarily engage in the activity of internet use and bear the risks associated with that activity. You will be solely responsible for any damage done to your computer or your data that results from such activity. In no event will Social Card have any liability to you or any third party for unauthorized access to, use of, alteration, corruption, theft, or destruction of your data and/or your account.

Some jurisdictions' laws prohibit the foregoing limitation of liability provision. To the extent that you live in a jurisdiction that refuses to enforce the foregoing provision, Social Card's liability is limited to the greatest extent allowed by the law of that jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SOCIAL CARD ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SOCIAL CARD FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND APPLIES EVEN IF SOCIAL CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Social Card from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service, and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Social Card from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Termination

By you. You can terminate the use of the Service at any point in time. We will terminate your account and remove all the content you have shared with Social Card. However, We have no obligation to monitor or review any content previously shared outside of the Social Card bounds of service. If eligible, Social Card will issue refunds of monies paid for unused credits according to the refund policy set aside in the “Billing” section.

By us. We reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by Social Card will not be backed up for any reason and will be immediately terminated from Social Card's servers, and will not be eligible for any refunds of monies paid.

Social Card reserves the right to terminate any trial accounts without a payment method sixty (60) days after expiration.

Statute of Limitations

Except where prohibited by applicable law, or to the extent that applicable law prescribes a minimum limitations period that cannot be shortened by contract, You agree that any claim or cause of action that You may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued, or be forever barred.

Governing Law

These Terms and any dispute or claim arising out of or related to these Terms, the Service, or Your use of the Service (whether in contract, tort, or otherwise) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of the arbitration agreement set forth below.

Arbitration; Class Action Waiver

Please read this section carefully. It affects Your legal rights.

Except as expressly provided below, You and Social Card agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or Your use of the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if those rules do not apply, under AAA's Commercial Arbitration Rules), and not in a court. The arbitration will be conducted in English by a single arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including any question of the scope, applicability, or enforceability of this arbitration agreement, except that a court (not the arbitrator) shall decide any challenge to the enforceability of the Class Action Waiver below.

Class Action Waiver. You and Social Card agree that any Dispute will be resolved on an individual basis only. Neither You nor Social Card may bring a claim as a plaintiff or class member in any purported class, consolidated, collective, or representative action, and the arbitrator has no authority to hear or arbitrate any class, consolidated, collective, or representative claim. If the Class Action Waiver is found to be unenforceable with respect to any claim, then that claim shall be severed from arbitration and proceed in the courts identified in the Dispute Resolution section, and all other claims shall remain in arbitration.

Exceptions. This arbitration agreement does not apply to, and the following may be brought in court: (a) disputes in which either party seeks to enforce or protect intellectual property rights, including seeking injunctive or other equitable relief; (b) disputes within the jurisdiction of small-claims court, so long as the matter remains in that court and is brought on an individual basis; and (c) any claim that applicable law prohibits from being subject to mandatory arbitration.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include Your name, Your account email address, and a clear statement that You are opting out of arbitration. Opting out of arbitration will not affect any other provision of these Terms. If You opt out, disputes will be resolved in the courts identified in the Dispute Resolution section.

Fees. Arbitration filing fees and arbitrator fees will be allocated according to AAA's Consumer Arbitration Rules. Where AAA's rules require, Social Card will pay filing fees and arbitrator fees in excess of what You would have paid to file a comparable action in court. Each party shall otherwise bear its own attorneys' fees and costs, except as otherwise provided by law or the arbitrator's award.

Severability of This Section. If any portion of this arbitration agreement (other than the Class Action Waiver, which is addressed above) is found to be unenforceable, the unenforceable portion shall be severed and the remainder of this arbitration agreement shall remain in effect.

Dispute Resolution

Subject to the Arbitration; Class Action Waiver section above, and to any separately executed agreement between You and Social Card that addresses dispute resolution, any dispute, claim, or controversy that is not subject to arbitration — including claims brought in small-claims court, claims for injunctive or other equitable relief to protect intellectual property rights, and claims by users who have validly opted out of arbitration — shall be resolved exclusively in the state or federal courts located in Delaware, and You and Social Card consent to the personal jurisdiction and venue of such courts.

No Third-Party Beneficiaries

Except as expressly set forth in these Terms (including the Apple App Store Users section and the Apple EULA incorporated by reference therein), these Terms confer no rights or remedies on any third party.

Apple App Store Users

If You accessed or downloaded the App from the Apple App Store, Your use of the App is also subject to Apple's standard Licensed Application End User License Agreement ("Apple EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. The Apple EULA is incorporated herein by reference with respect to Your use of the App. In the event of any conflict between these Terms and the Apple EULA with respect to Your use of the App, the Apple EULA shall control. Apple and Apple's subsidiaries are third-party beneficiaries of the Apple EULA and may enforce its terms against You. Direct any questions, complaints, or claims regarding the App to Social Card at [email protected]; Apple has no obligation to furnish maintenance or support services with respect to the App.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Social Card's prior written consent. Any attempted assignment in violation of this section is void. Social Card may assign these Terms without Your consent in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

Waiver

The failure of Social Card to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Social Card.

Force Majeure

Social Card shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, pandemic, government action, power failures, or failures of third-party networks or service providers.

Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement (where applicable), and any separately executed agreement between You and Social Card, constitute the entire agreement between You and Social Card regarding the Service and supersede any prior agreements or understandings, whether written or oral, regarding the subject matter hereof.

Notices

Any notice required or permitted to be given under these Terms shall be given in writing and shall be deemed duly given when delivered by: (a) email to the email address on file for Your account, in the case of notices to You; or (b) email to [email protected] or registered mail to Social Card's registered agent (identified below), in the case of notices to Social Card.

Users with questions about this Agreement or the Privacy Policy may contact Social Card at [email protected]. Social Card's registered agent for service of process is Legalinc Corporate Services Inc., 131 Continental Drive, Suite 305, Newark, DE 19713, USA.