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 BV with registered office at Ottergemsesteenweg-Zuid 808 B 143, 9000 GHENT BELGIUM, registered under company number 0722.675.140, hereinafter referred to as "Cardify" (contact; legal[at]getcardify[dot]com).
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 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.
These General Terms ("Terms") are offered by Cardify ("We", "Us", "Our") and apply in case where You are:
If You do not agree with any of these Terms, You are prohibited from using, downloading or accessing any Website, Customer Content and/or the Products and Services, being so made available.
In case however where You are making use of the Products and Services under a commercial agreement with Us, Your use of the Products and Services will be subject to such commercial agreement (i.e. the standard applicable Cardify terms at legal.getcardify.com/msa), unless You or Your organisation have concluded a bespoke agreement relating thereto.
We may change these Terms at any time, and all such changes are effective immediately upon posting a revised version of these Terms on the Website. You should review these Terms often to stay informed of changes that may affect You. Your Interactions constitute Your continuing agreement to be bound by these Terms, as they are amended from time to time.
'App' or 'Application': these are the Products 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.
'Customer Content', 'Content' or 'information': means all files, content (including audio, video, text, or images), and data (including Personal Data) belonging to or controlled by the Customer, which is uploaded into the Products and Services or otherwise provided to Cardify for processing pursuant to the Agreement.
'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.
'Smart Gadget Service': this is the service whereby an existing Cardify user may provide a personalized 'Smart Gadget' card to third parties who can activate this 'Smart Gadget' card through the App and use this 'Smart Gadget' card as their own (thereby also becoming users of Cardify). By activating this business card the concerned person must provide an e-mail address after which Cardify will scrape public data sources in order to collect information.
'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 Cardify such as the Smart Gadget Service.
Cardify operates a mobile application to revolutionize the business card experience. For example, with Cardify you can quickly share your contact details and content with other people through the use of an NCF-enabled plastic card or strictly digital true a mobile app, link-sharing or QR-code usage.
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').
Every user also gives Cardify permission to scrape certain public data sources (such as, but
to, public websites, social media such as Google or LinkedIn, public databases or other
Internet & IT
platforms). If, for example, an email address is provided to Cardify through the Cardify
via the Smart Gadget Services, that person agrees that Cardify will scrape for additional
public available databases in order to collect more information.
To perform these activities Cardify makes use of the third-party service Clearbit.
Keep in mind that Clearbit only processes professional data, regardless of where an individual is based. This usually includes things like their job role and details about their employing company. This means that Clearbit does not provide or collect consumer-focused data such as age, health, web browsing history, health records, or economic status.
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.
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 liability of Cardify is also limited to the amount the user paid in the past six (6) months, whatever law is applicable.
The user owns (and takes full responsibility for it) all contact information and content 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.
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 legal[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.
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.
This article is considered to be a processor's agreement within the meaning of Article 28 of the General Data Processing Regulation 2016/279.
Cardify guarantees the necessary assistance to the users in the event of data incidents and in the context of audits, inspections and controls.
The data entered by the user via the Cardify App or scraped by Cardify will be stored in a database managed by a third party engaged by Cardify. Cardify guarantees data security with this third party in accordance with GDPR. All data remains within the European Economic Area (EEA) at all times. If at any time in the future data export outside the EEA is required, Cardify undertakes to inform the user in advance and to set up the data export process in accordance with the requirements of GDPR with regard to data export.
The user remains at all times the owner of the data entered by him.
However, Cardify cannot prevent a user who has received personal data from another user through the use of the Cardify Products and Services from using this personal data for purposes of which Cardify is not aware or can be aware of (for example, storage in CRM programs, contacting other users for marketing purposes,...). Every user therefore guarantees that they operate in accordance with Belgian and European data protection rules, including GDPR and the Belgian Act on the Protection of Individuals with regard to the Processing of Personal Data of 30 July 2018. In its relationship with other users, every user acts as Processor of Personal Data within the meaning of the GDPR in accordance with this Agreement, which is considered as Processor Agreement within the meaning of the GDPR.
Every user guarantees that they comply with the appropriate security level required by the GDPR and that it acts diligently when selecting subcontractors/sub-processors such as CRM service suppliers, always enters into processing agreements and ensures that other user's data are always processed within the EEA or, if necessary, only processed outside the EEA if the legal requirements for data export outside the EEA are met.
UNLESS PART OF THE SPECIFIC AGREEMENT YOU HAVE CONCLUDED WITH US, AND NOTWITHSTANDING ANY OTHER TERMS, ANY LICENSE GRANTED UNDER THESE TERMS, AS WELL AS THE WEBSITE AND THE PRODUCTS AND SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLICIT OR EXPLICIT WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT), AND WITHOUT ANY LIABILITIES TO US WHATSOEVER (DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), UNDER ANY THEORY OF LAW EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE OUR LIABILITY CANNOT BE EXCLUDED, OUR LIABILITY SHALL BE LIMITED TO AN AMOUNT OF FIFTY (50,00) EURO IN THE AGGREGATE (OR TO THE MAXIMUM EXTENT PERMITTED BY LAW WHERE NO FURTHER EXCLUSION IS LEGALLY ALLOWED). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WEBSITE OR THE PRODUCTS AND SERVICES FAIL THEIR ESSENTIAL PURPOSE.
WE DO NOT MAKE ANY WARRANTY (EXPLICITLY OR IMPLICITLY) IN RESPECT OF CUSTOMER CONTENT AND INFORMATION.