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These Terms of Service (the “Terms”), in conjunction with our Privacy Policy, are the entire Agreement between Social Card, LLC 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 the joinsocialcard.com or socard.me web site(s) (the “Site”), the Social Card web application, the Social Card mobile applications, and/or the Social Card services (collectively, 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.
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.
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 User's accounts and/or data.
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.
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.
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 www.joinsocialcard.com/dpa.
For more details, please refer to the Data Processing Agreement.
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.
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.
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 the Company through the Terms.
We offer in-app one-time purchases for certain features and content on the Service. Once initiated by you, this payment cannot be canceled or refunded. When a purchase is made from a device using your Service Account(“Account“), we attach the purchased features or content to your Service Account. Purchased features and content will be made available in your Account upon successful payment. You can access your purchased features when accessing the Service from a different Device via your Account. Purchases are not restorable, and upon account termination by you or us, we have no obligation to continue tracking purchased features or content. Once terminated, all purchased features and content associated with the Account will be deleted or destroyed and are therefore no longer usable.
If you are not satisfied with the service, Social Card will issue a refund for your first purchase within 30 days of that purchase. Subsequent purchases are not eligible for refunds. At the end of each billing period, the plan contract will automatically renew indefinitely until explicitly canceled by the user. Cancellation must be issued via the Service.
Eligible refunds will be issued to the credit card that was used to make the credit purchase, according to the refund policy described in the “Billing” section. Social Card will not issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact Social Card immediately. If the charges were made in error, Social Card will credit your account for the appropriate amount. Social Card has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
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.
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.
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.
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.
We respect the intellectual property rights of others. It is our policy to respond promptly to any claims that content shared with the Service infringes the copyright or other intellectual property infringements(“Infringement”) of any person. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where We believe an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Service. To notify Social Card of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” to our Contact Page and include a description of the alleged infringement sufficient to enable Social Card to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing on your copyright.
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.
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 Avocation 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.
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 our use, 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 recent allowed by the law of that jurisdiction.
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.
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 “Fees” 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.
You agree that regardless of any statute or law to the contrary, 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.
Users with questions about this Agreement or the Privacy Policy may contact Social Card at support@joinsocialcard.com or 16057 Tampa Palms Blvd W, #205, Tampa, FL 33647.