'Cardify' or 'App': these are the functions and services that we make available, including via (a) our website at www.getcardify.com and other websites or applications of the Cardify brand or through co-branding (including subdomains, international versions, widgets and mobile versions); (b) our platform; (c) other media, brands, products, services, software, devices or networks that currently exist or are developed at a later date. Cardify reserves the right, in its sole discretion, to stipulate that some of our brands, products or services are governed by separate conditions and not by these Terms and Conditions.
'Content': this is everything that you and other users upload, deliver, or share by using Cardify.
'Data', 'user data' or 'data from the user': this is all data, including the content or information of a user that you or a third party can retrieve from a Cardify card or can provide to Cardify via the app.
'Use' and 'using': this is making use of, executing, performing, copying, publishing or displaying, distributing, modifying, translating and creating Cardify Cards or derivative products from Cardify.
These conditions apply to the website getcardify.com and the use of the mobile application Cardify app' hereinafter referred to as "the app". The app is owned and managed by Cardify BVBA with registered office at Kleine Vismarkt 2/2, 9000 GHENT BELGIUM, registered under company number 0722.675.140, hereinafter referred to as "Cardify" (contact; hello[at]getcardify[dot]co).
When using the app or consulting the website in any other way and/or making use of it in any other way for the first time, you will be invited to check our Terms & Conditions (Hereinafter 'T&C') and to accept them. By doing so, we want you to be aware of what the Cardify is all about and make proper arrangements with you and explain why we want you to comply with these T&C. These are the only ones valid, with the exclusion of any other conditions, and apply to all services and initiatives of Cardify.
Cardify operates a mobile application to revolutionize the business card experience. For example, with Cardify you can quickly share your contact details with other people through the use of an NCF-enabled plastic card. The purpose of this card is to limit paper waste and the waste of time and energy from the owner.
Every user is granted a limited right of use of Cardify (hereafter: "the usage right"). The scope of this usage right will vary according to the registration, the capacity of the user and the functionalities that the user has at his disposal. This usage right is provided in the form of a limited, revocable, non-exclusive and non-transferable license. This license does not entitle the user to sell, copy, transfer or (sub)license the services of Cardify in any kind whatsoever.
For content subject to intellectual property rights or personal rights such as photos and videos; by including them in your Cardify Card you automatically grant to Cardify a non-exclusive, transferable, (sub)licensable, royalty-free and worldwide license for the content that the user places on or in connection with Cardify (hereinafter 'IP license').
Access to the services of Cardify is limited to registered users. Every registration requires the user to provide a correct, truthful, up-to-date and complete depiction. Cardify can regard certain information as essential for a registration. It is the sole responsibility of the user to keep the information up-to-date.
Each registered user profile is individual, personal and confidential and cannot be transferred to third parties. Cardify does not check the profiles, but reserves the right suspend an account or even cancel it if a user does not comply with the rules regarding registration and security, as defined below:
Cardify does its best to keep the app and cards as safe as possible. However, Safety and Security is also depending on how you deal with your account and physical cards. We need your help to keep the app safe. In addition, the usage right has limits. Use may not be contrary to our terms and conditions, the rights of third parties and the laws. Therefore, you must adhere to the following (non-limitative) rules:
Usage of rights that is non-compliant with these Terms and Conditions enable Cardify to unilaterally take temporary sanctions or remedial measures. In case of repeated non-compliance Cardify has the right to end userships after having summoned the user to act in accordance with these T&C.
The user is not entitled to compensation of any nature whatsoever, following the aforementioned measures.
The information that Cardify itself places on the app and website is delivered and displayed without any form of guarantee. The information distributed via banners, html pages, flash, photos, videos, articles or other media provided by third parties are not the responsibility of Cardify. Cardify is not responsible for the accuracy, completeness, usability, reliability and topicality of the information on the site and for the consequences of any action/decision taken on the basis of the information provided.
Cardify does not guarantee that the app will always be safe, secure or error-free or that it will always work without malfunctions, delays or irregularities. Disruptions, interruptions or errors in the electronic delivery of our services through our app or website do not in any case give rise to any reimbursement or compensation. Cardify is also not liable for viruses, if these, despite the precautions taken on the site, would occur. Cardify cannot be held liable for any damage whatsoever caused by an error and/or negligence committed by subcontractors of Cardify or a fraudulent forgery of information after unauthorized intrusion into the app.
This app may contain hyperlinks to websites or to web pages of third parties and other parties or refer to them in a different way. Cardify has no control over the content or other characteristics of these websites or web pages and is in no way liable for their content or characteristics. The placement of links by Cardify in no way implies an implicit approval of the content of these websites or web pages. Due to privacy regulations, you cannot make a deep link to specific content on our website.
If someone files a claim against Cardify relating to unlawful acts of a user, content or information on Cardify and that claims proofs to be correct, that user indemnifies Cardify against all damages, losses and expenses related to such claim (including reasonable legal fees and costs). While we provide rules for user behavior, we do not monitor or control user actions on Cardify and are not responsible for the content or information that users transfer on the app. We are not responsible for any offensive, inappropriate, obscene, illegal, or otherwise condemnable content or information found on Cardify. We are not responsible for the online or offline behavior of our users. We try to keep Cardify online, error-free and secure, but you use the app at your own risk. We offer the app as it is, without express or implied warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-compliance.
The liability of Cardify is also limited to the amount the user paid in the past six (6) months, whatever law is applicable.
Any fact that could give rise to liability of Cardify must also be reported to Cardify in writing, fully motivated and documented within seven days of the discovery of that fact, in default of which the user can no longer hold Cardify liable and waives any claim against Cardify, of any kind, arising from that fact. This short term is motivated by the need to be able to make the necessary observations quickly and accurately.
The user owns (and takes full responsibility for it) all contact information submitted on the app and can use the card settings to determine how their information is shared with other people.
When users delete their information, they acknowledge and understand that deleted content may remain present in backups for a reasonable period of time (but is not available to others) and remains on the Cardify accounts of the people who scanned their card.
We respect the rights of others and expect the user to do so, too.
The user cannot pretend to be someone else or take action that violates another person's rights or violates the law in any other way. We may remove information you share on Cardify if we consider this to be violating our policies. If we have removed content for violating another person's rights and the user believes it is unjustified, the user can raise an appeal via hello[at]getcardify[dot]com. If the user repeatedly infringes the rights of others, we will deactivate the account. The user will not use our copyrights, trademarks or brands that appear to be confusing in this way, except when this is expressly permitted in writing.
Our goal is to provide commercial or sponsored content that is valuable to our users. To help us with this, the user agrees to the following (see also Profiling): the user gives us permission to anonymously use content and information to display commercial or related content or to improve it. This information is always anonymous and contains no identifiable elements.
Consistent with the Privacy Guidelines, Cardify has chosen not to work with identifiable user data at any time. Users are categorized on the basis of their (if provided) industry, age category, location, and app usage. This information is used to optimize our platform operations and the user experience. Because the operation of the Cardify app depends strongly on this Profiling, the user cannot turn off this type of data collection.
For the full explanation of your data, we refer to the Privacy Guidelines
Any claims, legal proceedings or disputes that the user has with us, can only be processed before the courts of the District of Ghent, Belgium and are subject to the laws of the country of Belgium.
We collect the content and other information you provide when using the services, including when signing up for an account, creating or editing virtual cards, linking physical cards, and when you share your information with others. We also collect information about how you use our services, such as the types of profiles you scan and the actions you undertake on the app.
We also collect content and information that other people provide when using our services, including information about when they perform actions on your scanned card, for example.
We collect information from and about the computers, phones and other devices on which you access our services, depending on what you have given your consent to. We can link the collected data to different devices. This helps us to offer consistent services on all devices. Here are some examples of the device data we collect: features such as the operating system, hardware version, device settings and device IDs. Device locations, including certain geographical locations, determined via GPS, Bluetooth or Wi-Fi signals. Connection information such as the name of your mobile operator or internet service provider, browser type, language and time zone, mobile phone number and IP address.
A large part of our platform consists of providing the best possible experience. We use the information in our possession to provide and support these and other services. Below you can read how this works:
Ever since day one, our development team has thought of ways to ensure that we come as little as possible in contact with personal data. At the end of our search we managed to offer users the best experience without identifying data. We call this Profiling. Profiling uses your activity on the platform and the non-identifiable data that you provide us with in order to categorize and analyze persons and groups of people.
We can offer our services, personalized content and suggestions by using Profiling to understand how you use our services and interact with the people or things you are connected to and interested in. We also use this information to provide you with suggestions and to track your app usage. When we have location data, we use this information to customize our services for you and others, for example by helping you connect to relevant people in your area.
We use your personal information solely to send marketing messages, to communicate with you about our services and to inform you of our policies and conditions. We also use your information to respond when you contact us.
People use our services to get in touch with others and exchange information. We make this possible by sharing your data in the following ways:
As a user, you have full control over your physical card and can choose whom you share the information with. Only people that have actively scanned your card will receive your contact information. For example, you can choose which information is linked to your physical card by making various virtual cards, each containing different information.
Cardify cannot be held responsible if someone is able to scan your card while you weren't aware of this. To prevent this from happening we suggest to hold your Cardify card in a secure wallet such as Segrid or to temporarily disable your card through the app.
Other people can use our services to share your information shared as a 'referral'. For example, if someone want to refer you to another contact, they can re-share the information you shared with them.
If our ownership or control over all or part of our services and associated resources changes, we may transfer your data to the new owner.
We work with external companies that help us to offer and improve our services or use related products. These collaborations make it possible to improve our services and offer free services to people around the world.
The following are the types of external parties, such as Organization pages, with which we can share your data:
We want our content to be as relevant and interesting as possible. With this in mind, we use all our data about you (Profiling, platform behavior, ...) to show relevant content and ensure that advertisers can tailor their adverts to this. We do not share information that makes you personally identifiable with partners for measurements or analyses, unless you give permission for this. Personally, identifiable information is information such as a name or e-mail address that can be used to contact you or authenticate your identity.
We provide data to suppliers, service providers and other partners who support our company on a global level. For example, by providing services for the technical infrastructure, analyzing the use of our services, measuring the effectiveness of services, offering customer service, facilitating payments or conducting academic research and surveys. These partners must adhere to a strict duty of confidentiality in a manner that is consistent with these terms and conditions and the agreements we enter into with them.
Cardify guarantees you the right to:
You can manage the content and data on Cardify by deleting virtual cards or modifying the information. We store data for as long as necessary to provide services to you and others, including those described above. Data associated with your account will be retained until your account is deleted, unless we no longer need this information to provide our services. You can delete an account at any time. When you decide to do this, we deactivate the account first. After 30 days, the information you have shared will be permanently deleted. Remember that information that others have collected from you, through scanning your cards, is not part of your account and is therefore not deleted together with the account.
Also understand that deleting the app does not result in a deletion of your account.
If you have deactivated your account, you can reactivate the account within 30 days. However, if this period has expired, you can no longer activate your account and you must create a new account.
We may use, store and share your information in response to a legal request (such as a search warrant, court order or subpoena) if we believe in good faith that the law obliges us to do so. We may also use, store and share data if we are convinced that this is necessary to: detect, prevent, and address fraud or other illegal activities, to protect ourselves, you and others (including in the context of an investigation) or to prevent death or imminent physical injury. For example, we may provide data to external partners about the reliability of your account to prevent fraud and abuse on and outside our services. Information we receive about you may be used and retained for a longer period of time in the event that the information is subject to a legal request or obligation, governmental investigation or investigations regarding violations of our terms or policies or prevent damage. We may also retain data from accounts that have been disabled for a period of at least one year after violations of our terms to prevent repeated misuse or other violations of our terms and conditions.
We will notify you before we make changes to this policy and allow you to read and respond to the changed policy before you continue using our services.
Cookies help us to offer, protect and improve our service, for example by personalizing content, by specifically adjusting and measuring suggestions, and by offering a safer experience. The cookies we use may occasionally be modified as a result of improving and updating our service, but they fall into the following usage categories:
We may leave cookies on your computer or device and receive that information when using or visiting the app.
Welcome to The Launch Referral Promotion 2019 (“Promotion”) - an amazing opportunity for new and existing Cardify users to receive their first physical card free of charge! As with any promotion, there are a few rules to make sure everyone plays fair!
Anyone over the age of 18, living within the EEA, with a personal Cardify account and doesn't already have (at the time of his or her application) a physical card(s), including freezed, deleted, reported as lost.
Make sure you've downloaded the Cardify app via Apple Store or Google Play. Open the menu and tap on the Cards tab. Choose '+' and "Order Physical Card”, give in your home/work address. Note that it can take a few weeks for the card to arrive.
The Promotion start at 00:01 GMT on the 15th of March 2019 and will finish at the 1st of September 2019, while stocks last.
If you have any questions, concerns or are being charged for your first physical card during the Promotion period, please kindly contact our customer support heroes via our website.
PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE CARDIFY BETA PROGRAM (“AGREEMENT”) CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CONTINUE TO SIGN UP FOR THE PROGRAM. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLOSE YOUR APPLICATION YOU WILL BE INELIGIBLE TO PARTICIPATE IN THE CARDIFY BETA PROGRAM.
1. Participation in the Cardify Beta Program. The purpose of the Cardify Beta Program (“Beta Program”) is to make alpha, beta, seed, and other pre-release software, pre-release services, and related documentation, materials, and information (collectively, the “Pre-Release Software”) available to Beta Program participants from time to time for the purpose of providing Cardify with feedback on the quality and usability of the Pre-Release Software. You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Cardify. You understand and fully accept that your participation in the Beta Program does not obligate Cardify to provide you with any Pre-Release Software and that no subordination bond or other form of cooperation is created. Cardify reserves the right to modify the terms, conditions, and policies of this Beta Program from time to time, and to revoke your participation in this Beta Program at any time without this giving rise to any compensation for damages. If Cardify makes changes to the terms and conditions of this Agreement, then Cardify will present such revised terms and conditions to you on the Beta Program web portal.
By participating in the Beta Program, you certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Beta Program. This Agreement is void where prohibited by law and the right to become a Beta Program participant is not granted in such jurisdictions. Unless otherwise agreed or permitted by Cardify in writing, you cannot share or transfer any software or other materials you receive from Cardify in connection with being a Beta Program participant. The login and password you use to login as a Beta Program participant cannot be shared in any way or with any one. You are responsible for maintaining the confidentiality of your login credentials and password and for any activity in connection with your account. Loss of these login credentials and password should be immediately reported to Cardify.
2. Access to Pre-Release Software; Seeding Tools; and Additional Terms. You understand that Cardify may make Pre-Release Software available to Beta Program participants through the Beta Program web portal, and/or as otherwise provided through the Beta Program. From time to time, Cardify, at its option, may also provide you with software or services as part of the Beta Program, including but not limited to scripts, utilities, configuration profiles, troubleshooting applications and bug submission tools (“Seeding Tools”) as part of your participation in the Beta Program. All use of such Pre-Release Software and Seeding Tools shall be pursuant to the terms and conditions of this Agreement and/or another license agreement accompanying such Pre-Release Software or Seeding Tools (collectively, “Pre-Release Software” and “Seeding Tools” shall be referred to as “Cardify Software” for purposes of this Agreement).
If the Cardify Software is accompanied by a separate license agreement, you agree that the license agreement accompanying such Cardify Software, in addition to Sections 5 and 6 of this Agreement, shall govern your use of the Cardify Software. Any inconsistencies between the provisions of the license agreement accompanying the Cardify Software and Sections 5 and 6 of this Agreement shall be governed by this Agreement. If there is no license agreement accompanying the Cardify Software, your use of the Cardify Software will be subject to the provisions of this Agreement. Further, the Cardify Software may enable access to Cardify and third-party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require Cardify Credentials and/or require you to accept additional terms and may be subject to additional fees.
3. License Grant and Restrictions. Except as otherwise permitted under Section 12, this license does not grant you the right to use the Cardify Software for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Cardify Software. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any Cardify Software (except as and only to the extent the foregoing restrictions are prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components included with any such Cardify Software). Unless otherwise permitted under Section 12 below, you certify that the Cardify Software will only be used for testing and evaluation purposes in connection with the Beta Program, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. Cardify retains ownership of all Cardify Software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Cardify intellectual property.
4. Feedback; Contact from Cardify. As part of the Beta Program, Cardify will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Cardify. Cardify may request this information from you through the Seeding Tools as well as by email, web questionnaires, bug forms, forum, and other mechanisms. By agreeing to this Agreement, you agree that Cardify may contact you from time to time about the Beta Program, and you hereby consent to receive such communications. Except as otherwise set forth in Section 8, you agree that in the absence of a separate written agreement to the contrary, Cardify will be free to use any Feedback you provide for any purpose. If Cardify would then use this feedback to modify the Cardify Software, this does not grant you any rights pertaining to these changes.
5. Definition of Confidential Information. You agree that the Pre-Release Software and any information concerning the Pre-Release Software (including its nature and existence, features, functionality, and screen shots), the Seeding Tools, and any other information disclosed by Cardify to you in connection with the Beta Program will be considered and referred to in this Agreement as “Confidential Information”. Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Cardify, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Cardify and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of Cardify and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
6. Nonuse and Nondisclosure of Confidential Information. Except as expressly permitted in this Section 6, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals who are enrolled in the same individual seed as you, or as otherwise expressly permitted or agreed to in writing by Cardify. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the Cardify Software to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your own or any third party's benefit without the prior written approval of an authorized representative of Cardify in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Cardify that may be difficult to ascertain. Accordingly, you agree that Cardify will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
7. Precautions for the use of Pre-Release Software. You understand Pre-Release Software can only be used as a free service for the duration of the Beta Program. You further understand that once you enable such Pre-Release Software onto your account, you may need to communicate these Pre-Release Software with your audience to fully test its capabilities. YOU ACKNOWLEDGE THAT BY ACTIVATING PRE-RELEASE SOFTWARE ON YOUR CARDIFY ACCOUNT, THESE CHANGES MAY BE UNDONE WHEN YOU DO NOT WISH TO USE THE PRE-RELEASE FEATURE AFTER THE BETA PERIOD. FURTHER, YOU UNDERSTAND THAT DATA FROM SUCH SERVICES THAT YOU CREATE OR CHANGE WHILE USING THE PRE-RELEASE SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED. CARDIFY SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, ACTIVATION OR USE OF PRE-RELEASE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SUCH PRE-RELEASE SOFTWARE. In addition, the Pre-Release Software may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your account.
8.1 Pre-Release Software. In order to provide, test and help Cardify, its partners, and third party developers improve their products and services, and unless you opt out in the Pre-Release Software, as applicable, you acknowledge that Cardify and its subsidiaries and agents will be collecting, using, storing, transmitting, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from your devices or computers that are running Pre-Release Software as part of this Beta Program. This information will be Collected in a form that does not personally identify you and may be Collected from your devices or computer at any time. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique device identifiers, various unique system or hardware identifiers, details about hardware and operating system specifications, performance statistics, and data about how you use your devices, computer, system and application software, and peripherals, and, if Location Services is enabled, certain location information. You agree that Cardify may share such diagnostic, technical, and usage logs and information with partners and third-party developers for purposes of allowing them to improve their products and services that in connection with Cardify products. By using Pre-Release Software on your devices or computers, you acknowledge and agree that Cardify and its subsidiaries and agents have your permission to Collect all such information and use it as set forth above.
9. No Support and Maintenance. Future Products. During your participation in the Beta Program or in a particular seed, Cardify is not obligated to provide you with any technical or other support for the Pre-Release Software. If, at Cardify's option, such support is provided, it will be provided in addition to your normal support. You agree to abide by any support rules and policies that Cardify provides to you in order to receive such support. You acknowledge that Cardify has no express or implied obligation to announce or make available a commercial version of the Pre-Release Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Software licensed hereunder.
10. Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, ACTIVATION, OR USE OF THE PRE-RELEASE SOFTWARE AND SEEDING TOOLS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE WITH YOUR COMMUNITY AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL CARDIFY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR CARDIFY'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF CARDIFY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CARDIFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Term and Termination. This Agreement will continue in effect until terminated in accordance with this Section 11. You may terminate this Agreement or an individual seeding project at any time, for any reason, by sending an email to email@example.com. By terminating the agreement you accept to return or destroy any Confidential Information that is in your possession or control (including, without limitation, any Pre-Release Software). Cardify may terminate this Agreement or an individual seeding project at any time, with or without cause, immediately upon written notice to you, and may terminate this Agreement immediately for any breach of the confidentiality provisions set forth herein. Within seven (7) days of your receipt of Cardify's termination notice, or earlier if requested by Cardify, you will return, cease all use of, and/or destroy the Pre-Release Software and all other Confidential Information as provided in this Section. Following termination of this Agreement or an individual seeding project for any reason, the restrictions of Section 3, 4-8 and 12-15, inclusive, will continue to bind the parties. The term of your license to use the Cardify Software granted under Section 3 of this Agreement shall commence upon use of the Cardify Software and will terminate automatically without notice from Cardify upon the earlier of (a) the next commercial release of the Cardify Software, (b) the termination of the individual seeding project under which you obtained the Cardify Software, (c) the termination of this Agreement, or (d) the date specified in the separate license accompanying the Cardify Software (if any).
12. Third Party Software & Information. Portions of the Cardify Software may include third party software and other copyrighted material. Acknowledgements, licensing terms, and disclaimers for such material are contained in the Cardify Software, and your use of such material is governed by such respective terms. Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to Beta Program participants is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Cardify shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.
13. No Waiver or Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Cardify, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.
14. Governing Law. Any litigation or dispute resolution between You and Cardify arising out of or relating to this Agreement, the Cardify Software, or Your relationship with Cardify will take place in District of Gent, Belgium, and You and Cardify hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the Belgium.
15. Severability; Complete Understanding. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement, including any appendices made effective pursuant to this Agreement and any additional licenses accompanying the Cardify Software, constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. Except to the extent provided under Section 2 above, any inconsistencies between this Agreement and any license agreement accompanying the Cardify Software will be governed by the license agreement accompanying the Cardify Software. Except as expressly set forth herein, any waiver or amendment of any provision of this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
'Customer' the entity that buys and uses Cardify Ultra.
These special conditions apply to all domains, sub-domains and subsidiaries of Cardify including getcardify.com, cardify.app, cardifybusiness.com, thefastestbusinesscard.com hereinafter referred to as the "website". The Website is owned and managed by Cardify BVBA with registered office at Kleine Vismarkt 2/2, 9000 GENT Belgium hereinafter referred to as "Cardify", registered under company number 0722.675.140.
The following terms apply to all professional users of Cardify. In addition, all information must comply with our standards & privacy guidelines found on this page. The owner of the Cardify Ultra account (the "Customer") is responsible to comply with all applicable laws, statutes and regulations.
The customer or any person who uses Cardify as an employee or representative of the customer, will not collect any information from other users without the prior permission of Cardify, nor will they attempt to collect this information with automated means (such as bots, robots, spiders or scrapers).
Customer provides Cardify with the correct branding guidelines for their brand regarding custom branded cards. Cardify cannot be held responsible for any color or logo alterations of printed cards.
Customer must comply with all applicable laws and regulations, including by ensuring that all necessary information is provided to people and employees using Cardify.
Cardify continuously works to improve its services for all users. Some parts have priority here, so some functionalities can still be found live at the moment, but they can be mentioned in the functionalities to which the account type of the Client is entitled to.
The Customer will guarantee the applicable fees and pay these in the currency stated on the invoice and letter of intent. Unless otherwise agreed, the fees are set at a fixed annual amount, not for actual use.
Fees must be paid in advance (unless explicitly agreed otherwise) and are not recoverable under all circumstances and cannot be terminated.
Invoices must be paid within fifteen (15) calendar days after the invoice date.
The unpaid fees are increased by the statutory interest rate as determined in the law of 2 August 2002, increased by 4%, with a minimum of 10% per year (calculated on the principal from the due date) and in addition with a fine of 10 % (with a minimum of EUR 125) on the principal sum, as well as with reasonable lawyers' fees. Repeated situations of unpaid fees may cause Cardify to subject future accounts and/or renewals of the current account to payment terms that are shorter than the originally applicable terms.
If the Customer's account is overdue for thirty (30) calendar days or more, Cardify reserves, in addition to all other rights or remedies, the right to suspend access to the page without any liability until these amounts have been paid in full, provided Cardify escalated this problem to the customer and informed the customer of his intention to suspend access prior to the suspension.
A Cardify Ultra subscription starts on the commencement date stated on the invoice and runs for 12 months and is automatically renewed for instalments of twelve (12) months, unless one Party requests the other Party at least thirty (30) calendar days before the expiration date of the that time period in writing does not give notice of non-renewal.
Unless otherwise specifically and mutually agreed, is the unit pricing during the first subscription period applicable to each extension thereof (excluding one-off discounts, which are granted one-off discounts to the Customer for the initial subscription period only), unless Cardify provides the customer with a written notice at least thirty (30) calendar days before the end of the current period of a price increase.
In the event of termination, the Customer shall under no circumstances be released from the obligation to pay fees due to Cardify for the period prior to the commencement date of the termination.
When the Customer violates the previously set conditions, Cardify may suspend or terminate a subscription. In that case, the amounts paid under a subscription will not be recoverable under all circumstances.
The Customer allows Cardify to publicly refer the Customer as a customer in accordance with these special conditions. The Customer hereby grants to Cardify the worldwide right to use the company name, trademarks and logos of the Customer and to display this as a customer reference and/or, in the case of case studies, to comply with any reasonable guidelines of the customer for trademarks. In addition, the Customer may be invited to participate in marketing, press releases, videos, Webinars, conferences and/or to periodically call Cardify for discussing marketing initiatives, subject to prior approval, which consent will not be unreasonably withheld or refused by the Customer. Participation in the above activities will not place an unreasonable burden on the time and resources of the Customer.
A subscription does not in any way entitle the Customer to profile itself as a 'partner' of Cardify or to show that there is any form of far-reaching and/or exclusive cooperation. If the Customer wants to run marketing, press releases, videos, Webinars, ... and wants to mention Cardify, explicit approval must be obtained from Cardify BVBA.
In any case, data from our users will always be treated anonymously and personal details will not be made public at any time without explicit approval from their owner, the user. For the full explanation, we refer to our Privacy Guidelines.