Welcome to ShareEcard!

Please read the following Terms & Conditions carefully. Your use of ShareEcard means you have accepted this agreement. ShareEcard is provided by eOptive GmbH. Under these Terms of Service ("Terms"), the term "ShareEcard" or "we" means eOptive GmbH, a company established and existing under the laws of Switzerland. This agreement also includes the Privacy Policy and other business rules. Please read them carefully.

Terms of Agreement.

When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of the shareEcard.com website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of Business. ("ShareEcard Policies"). Use of the shareEcard.com website will be considered acceptance of the ShareEcard Policies. If you do not agree to the Terms and Conditions of Business contained in the following pages, then you may not use the shareEcard.com website. Please note that shareEcard.com has the right to modify these Terms and Conditions of Business and, thus, you should review them periodically.

Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the shareEcard.com website. Additionally, you should review on our website Privacy Policy.

If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to support @shareEcard.com

About ShareCard

ShareEcard refers to software with functions of digital business card sharing as well as scanning paper business cards and other related internet-based value-added services ("Our Service"). We provide the above-mentioned services through paid ShareEcard software ("Our Software"), ShareEcard website (www.shareEcard.com). We remind you especially that we only provide you the software and service as tools. When using ShareEcard acquiring and processing information, you should respect legal rights of others such as intellectual property rights and privacy rights etc., and make sure you are authorized to copy, amend, upload, and publish the information. If doing such mentioned above without permission, you may infringe legal rights of others, which may result you to be legally liable.

1. Definitions

"Seller" means ShareEcard - eOptive GmbH, registered in Switzerland (in these Terms and Conditions also means "shareEcard.com").

"Buyer" means the person whose name is appears on the Order. 
"Contract" means the order and Order Confirmation (incorporating any Special Conditions).

"Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.

"Order" means the Buyer's order for Goods or services.

"Order Confirmation" means the Seller's written Confirmation pursuant to Condition 3(b).

"Price" means the price at the date and time of the Order, subject to any promotional offer or discount then applicable.

"Person" means any person, firm or company.

"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation.

"Terms and Conditions of Business" means the standard terms and conditions of business set out in this document.

"Writing" includes, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.

2. Basis of Sale

a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.

b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer.

c. The Seller's employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.

3. Orders and Specifications

a. All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.

b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.

c. The Seller endeavours to display and describe as accurately as possible the colours of the Goods which appear on its website but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's mobile device.

d. Range of Software License and Services
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to use ShareEcard. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use our Services on your smart mobile devices for personal and commercial purposes.

4. Price, Payment and Currencies

a. Prices are clearly marked as being either inclusive or exclusive of VAT. VAT maybe added based on the final value of your order in the check-out process, at the rate applicable to your country. The Buyer shall be responsible for any other local taxes applicable in the territory in which they use ShareEcard.

b. Payment must be made by credit card or debit card or by Stripe at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.

c. The Buyer undertakes that all details provided to the Seller for the purpose of the Order will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card, debit card or Stripe details before accepting the Buyer's Order.

5. Intellectual Property

a. This website is owned by the Seller and operated by shareEcard.com. Unless otherwise noted in this website, ShareEcard.com owns the copyright with respect to all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of shareEcard.com's copyright. Additionally, the shareEcard.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of shareEcard.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.

c. The shareEcard.com logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller. shareEcard.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of shareEcard.com. shareEcard.com's trademarks and trade dress may not be used in connection with any product or service that is not shareEcard.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits shareEcard.com. All other trademarks not owned by shareEcard.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by shareEcard.com.

d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.

6. Data Protection and Privacy

a. We comply fully with GDPR requirements and will NEVER share or sell your personal information to anyone. ShareEcard respects the privacy of each user and will protect your privacy and personal information in accordance with relevant Swiss laws and regulations. You need to carefully read our Privacy Policy which specifies how we treat your personal information. We particularly remind that the information you upload or submit to ShareEcard may involve other peoples' personal information or privacy. ShareEcard will not disclose such contents without authorization. When using ShareEcard business social networking services, you should set or adjust your privacy controls according to your own needs to avoid risks. You acknowledge and promise that you will fully respect the privacy of anyone you have access to within ShareEcard Services and will not collect, duplicate, store, disseminate or spread others' private information without permission. If you make malicious use of other people's personal information or infringe other users' privacy by any other means (including but not limited to harassment), we are entitled to restrict or terminate your account privilege until finally delete your account at any time and we reserve the right to unilaterally terminate this agreement and request you to bear legal liabilities.

b. The Seller processes personal data in accordance with its Privacy Policy.

7. Third Party Services

We develop the function of sharing of digital business cards and scanning paper business card through APIs and sometimes invoke services from third parties. We hold no direct or indirect liabilities for any problem or damage incurred by you as a result of ShareEcard using third party services.

8. Your Content in Our Services

You confirm that you retain copyright and other rights of the contents you submit to our Services. You should take responsibility for the contents you transmit, upload, post or distribute through ShareEcard either publicly or privately ("contents", including but not limited to business card information, email, message, file, work, software, music, recording, picture, graph, video, data, registered information and other information). Make sure you have the necessary authorization for submitting such contents.

9. Information Storage and Synchronization

a. You acknowledge and agree to store information related to use of our software into your own end-device, which will occupy some storage room of the end mobile device. ShareEcard reminds you of choosing whether to set passwords to protect information security according to your needs.

b. If you lose information because of your careless deletion of scanned cards information in end-device, it will not be possible to restore your scanned cards, as we do not store this on our Servers.

c. ShareEcard's system operates card information's sharing and scanning. You should read operation assistance rules carefully to well understand the system's default setting and adjust it at your own will. ShareEcard shall not be responsible for the deletion or failure of information storage with ShareEcard system.

d. All the Customer Account data is stored in Servers located in Switzerland.

10. Limitation on Liability

a. You should use ShareEcard correctly, and bear responsibilities and losses by yourself for your improper operation.

b. You fully understand that ShareEcard involves online service, it may meet various risks such as force majeure, or possibly interrupting the service. We will attempt to restore it immediately in such cases; however, you should bear such responsibilities and losses by yourself caused hereby, and ShareEcard shall NOT be responsible no matter directly or indirectly. The accidental risks include but not limited to the interruption and suffocation of service caused by the following reasons: (1) undermined by computer virus, Trojan or other malicious programs, or by Hacker's attack; (2) user's or ShareEcard's end-device's software, system, hardware, Internet and telecommunication line happens to breakdown; (3) accidents, natural disaster or acts of government; (4) user's employment of service is neither provided nor authorized by ShareEcard; (5) other force majeure or factors beyond ShareEcard's control.

c. We make no warrants in any form for unpredictable or uncontrollable technical defects of product, the stability of service, or any losses or damages caused thereby, unless the law expressly stipulates mandatorily otherwise.

d. You acknowledge and agree, if you use a location-based service of ShareEcard, other users nearby might find you based on location. If you exchange card information with other users, you should be careful to judge the authenticity of the information, and to guard against any possible malicious use (for instance, personal injury or any other harm).

e. To the extent permitted by law, the total liability of ShareEcard for any claims arisen herein (including any implied warranties if any), shall be limited to the amount you paid us to use ShareEcard service.

f. ShareEcard reminds you of exporting your business card scanned information and making backup regularly. We shall by no means be liable to compensate any direct or indirect loss of the users if resulted in abnormal use.

11. Applicable laws and Disputes Settlement

a. This agreement shall be governed by and construed in accordance with the laws of Switzerland.

b. In the event there is a dispute between buyer and ShareEcard, both parties shall attempt to settle the dispute amicably. If you are dissatisfied with the result thereof and seek to file a legal claim against us, you agree to file and resolve it exclusively in Swiss courts.

c. All subtitles of this agreement are only for convenience to read and have no practical significance, and thus shall not be used as the basis for interpretation.

12. General and miscellaneous

a. Website Availability Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the shareEcard.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.

b. Typographical Errors
Information on shareEcard.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible but does not warrant that the content of the ShareEcard.com website is accurate, complete, reliable, current, or error-free.

c. Off-Site Links
A link to a non-ShareEcard.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

d. User Registration, eligibility, and account activity
In registering for a shareEcard.com username, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the username and password confidential. The Buyer further guarantees that the information supplied to the shareEcard.com website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering with ShareEcard.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website, the Buyer must obey all applicable international, federal, state, and local laws.

e. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating shareEcard.com Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.

f. Seller's right of removal of materials
The Seller reserves the right at any time with or without the Buyer' s prior consent and without liability to the Buyer in that regard to delete from the ShareEcard.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate.

g. Buyer indemnification of shareEcard.com
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney's fees) which may arise from the Buyer's submissions to the shareEcard.com website, and/or from the Buyer's unauthorized use of material obtained through the shareEcard.com website, and/or from the Buyer' s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the ShareEcard.com website.

13. Privacy

Please see our Privacy Policy as set forth on the site.