Thank you for choosing contactcard.me!
This is an agreement between you and contactcard.me that describes your rights to use the software and services identified in section 1.1. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.
1. Scope of agreement, acceptance, and changes
1.1. What services are covered by this agreement? This agreement applies to all software on the contactcard.me website and business card stickers used to access this or other websites (collectively the "services").
1.2. What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms.
1.3. How do I accept this agreement? By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you do not agree, you may not use the services.
1.4. Can contactcard.me change these terms after I have accepted them? Yes. From time to time, we may change or amend these terms. If we do, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section 9.10. Otherwise, the new terms will apply to you.
1.5. What types of changes can I expect to the services? We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why we may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or their features in beta version, which may not work correctly or in the same way the final version may work.
2.1. Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages (“content”). Except for material that we license to you that may be incorporated into your own content (such as clip art), we do not claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the content that you and others make available on the services.
2.2. Who can access my content? You control who may access your content. If you share via a published contact card to others you’ve chosen, you agree that anyone you have shared content with may, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this section 3.2, won't violate any law.
2.3. What does contactcard.me do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed, and displayed to the extent necessary to protect you and to provide, protect and improve contactcard.me products and services. For example, we may occasionally use automated means to isolate information from email, chats, or photos in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use. When processing your content, contactcard.me takes steps to help preserve your privacy.
2.4. What type of content isn't permitted? Content that violates this agreement or your local law isn't permitted on the services. We reserves the right to review content for the purpose of enforcing this agreement. We may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
2.6. Can contactcard.me remove my content from the services? Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services. Additionally, we may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.
3. Services cancellation
3.1. What happens if I don't abide by these terms? If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose, some or all of your content stored on the services and/or we may cancel your services in their entirety. Data that is deleted may be irretrievable.
3.2. Are there other ways I could lose access to the services? Yes. Portions of the services require that you sign into your account at least once every 270 days. Failing to do so will (unless provided otherwise in an offer for paid services) result in a closure of your access to and use of that portion of the services, and you may permanently lose your content on that portion of the services. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service.
3.3. How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by going to your account page and following the account closure process. If you are canceling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services (for example, manually delete your contact details). However, please note that while content you have deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
3.4. What happens if my services are canceled or terminated? If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.
4.1. Does contactcard.me collect personal information? Your privacy is important to us. We use certain information that we collect from you to operate and provide the services. Additionally, as part of the services, we may also automatically upload information about your machine, your use of the services and services performance.
4.2. Does contactcard.me disclose my personal information to outside parties? You consent and agree that contactcard.me may access, disclose, or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that contactcard.me acquires about you through your use of the services (such as IP address or other third-party information) when contactcard.me forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of contactcard.me or our customers.
4.3. How does contactcard.me respond to legal process? Similar to other providers of Internet services, contactcard.me is served with legal demands and requests from law enforcement, government entities, and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. We may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.
5. Services disruptions and backup
We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and contactcard.me isn't liable for any disruption or loss you may suffer as a result.
6. If you pay contactcard.me, the following terms apply to you
6.1. Charges. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.
6.2. Your billing account. To pay the charges for a service, you will be asked to provide a payment method at the time you sign up for that service. You can access and change your billing account information and payment method on the website. Additionally, you agree to permit contactcard.me to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
6.3. Billing. By providing contactcard.me with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize contactcard.me to charge you for the services using your payment method; and (iii) authorize contactcard.me to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
6.4. Automatic renewal. Provided that automatic renewals are allowed in your country, province, or state, we will inform you by email before automatically renewing your services. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
6.5. Online statement and errors. We'll provide you with an online billing statement on the website where you can view and print your statement. This is the only billing statement that we provide. It's your responsibility to print or save a copy of each online statement and retain such copy for your records. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don't tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If contactcard.me has identified a billing error, we will correct that error within 90 days.
6.6. Cooling off period. When you request a service from us, you agree that we may begin to provide the services immediately. You won't be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period. You may cancel paid services as provided in section 6.10.
6.7. Trial period offers. If you are taking part in any trial period offer, you must cancel the services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you don't cancel your services at the end of the trial period, we may charge you for the services.
6.8. Price changes. We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.
6.9. Refund policies. Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.
6.10. Canceling the services. You may cancel the services at any time, with or without cause. Information and direction on how to cancel your services is provided on the website. You should refer back to the offer describing the services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
6.11. Late payments. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
6.12. Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
6.13. Internet access services and charges. If the services don't include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones, tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.
The rest of this section 6.13 applies only if your services include Internet access. This service may not be available in your country or region. If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you call and from where you call. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if we suggest a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. We won't reimburse you for such charges.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, CONTACTCARD.ME, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and contactcard.me concerning the services (including their price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
7.1. Notice of Dispute. In the event of a dispute, you or contactcard.me must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail the contact address on our website. Contactcard.me will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and contactcard.me will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or contactcard.me may commence arbitration.
7.2. Binding arbitration. If you and contactcard.me don't resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
7.3. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor contactcard.me will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
7.4. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the services, its Supplementary Procedures for Consumer-Related Disputes will also apply.
7.5. Conflict with AAA rules. This agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
7.6. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
7.7. Severability. If the class action waiver in section 10.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then section 10 won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section 10 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 10 remaining in full force and effect.
8. NO WARRANTIES
CONTACTCARD.ME, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” CONTACTCARD.ME DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
9. Limitation of liability
If contactcard.me breaches this agreement, you agree that your exclusive remedy is to recover, from contactcard.me or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
10. Third-party websites
You may be able to access third-party websites or services via the services. Contactcard.me isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.
11. Assignment and transfer
We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to contactcard.me providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the services. You may notify contactcard.me as stated in customer support for the services.
13. Contract interpretation
This is the entire agreement between you and contactcard.me for your use of the services. It supersedes any prior agreements between you and contactcard.me regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.
14. No third-party beneficiaries
This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for contactcard.me successors and assigns.