IMPORTANT - READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and ShareEcard for the use of ShareEcard for App Store, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.SOFTWARE PRODUCT LICENSEThe SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- Installation and Use. You may install and use the SOFTWARE PRODUCT on one or more devices that are owned or controlled by you, subject to the limitations and requirements of this EULA.
- License Restrictions. You may not, and you may not allow others to, directly or indirectly:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the SOFTWARE PRODUCT or any software, documentation or data related to the SOFTWARE PRODUCT;
- modify, translate, or create derivative works based on the SOFTWARE PRODUCT;
- use the SOFTWARE PRODUCT for any commercial purpose or public display, performance, sale or rental;
- remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) contained in or displayed on the SOFTWARE PRODUCT;
- copy the SOFTWARE PRODUCT except as expressly permitted in this EULA;
- transfer, sell, sublicense, rent, lease, or lend the SOFTWARE PRODUCT to any third party;
- use the SOFTWARE PRODUCT in any manner that violates any applicable law, regulation or ordinance.
2. SUPPORT SERVICES. ShareEcard may provide you with support services related to the SOFTWARE PRODUCT. Use of support services is governed by the ShareEcard policies and programs described in the user manual, in "online" documentation, and/or other ShareEcard-provided materials. Any supplemental software code provided to you as part of the support services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
3. TERMINATION. Without prejudice to any other rights, ShareEcard may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately cease all use of the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ShareEcard or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
5. DISCLAIMER OF WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAREECARD DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SHAREECARD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION.
7. NOTICE REGARDING APPLE
- 7.1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- 7.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- 7.3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- 7.4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- 7.5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
- 7.6. You agree to comply with any applicable third-party terms when using our mobile application.
- 7.7. Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- 7.8. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Terms of Agreement.
ShareEcard (“we,” “us,” “our”) provides its services to you through its website located at https://www.ShareEcard.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
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
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.
"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. Access and Use of the Service
Description of Services: The Services are software accessed over the internet and via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network.
Security of your account: You agree to be responsible for any act or omission of any users that access the Services under your account. You agree to immediately notify ShareEcard of any breach of security of which you become aware.
Access to the Service: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service, and, to the extent applicable, the Software, and complies with all configurations and specifications set forth in ShareEcard's published policies then in effect.
Modifications to the Service: ShareEcard reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ShareEcard will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that ShareEcard may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ShareEcard's servers on your behalf. You agree that ShareEcard has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ShareEcard reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ShareEcard reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
User Conduct: You are solely responsible for all information, data, text, images, video or other materials ("Content") that you upload, post, publish, display, transmit or send (collectively, "Transmit") or otherwise use via the Service. You agree to use the Service in compliance with the ShareEcard Acceptable User Policy available at https://www.shareecard.com/privacy-policy. ShareEcard reserves the right to investigate and take appropriate legal action against anyone who, in ShareEcard's sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Enterprise Accounts: If you have been provided access to the service as part of your employer’s business account with ShareEcard, then you acknowledge that your right to access and use the Service is subject to the terms of a separate agreement between ShareEcard and your employer. Your access to the Service may be revoked by your employer at any time.
3. 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.
4. 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.
5. 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.
6. 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.
7. Data Protection and Privacy
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.