TERMS OF SERVICE

2. Account Terms

• a.
• To use our Service, you must be at least 18 years old. By creating an account or using Showcard, you acknowledge that you are of legal age and possess the necessary authority to comply with the terms of this agreement. If you are younger than 18, accessing or using the Service is strictly forbidden.

• b.
• By creating a new Showcard account, you must agree to our Terms of Service, Privacy Policy and Cookie Notice. You must provide us with accurate information about yourself (in case your information changes, please update them to be accurate at any given time). Providing inaccurate or outdated information might result in the suspension of your account.

• c.
• You are responsible for the security of your account and anything that happens to it. Please keep your login details and password safe and do not share them with anyone else. If you suspect that your account has been compromised, please let us know.

• d.
• We reserve the right to decline service, suspend accounts, or cancel orders based on our discretion. Furthermore, we may take actions such as removing content, media or suspending Showcard pages that violate our platform's guidelines.

• e.
• You are not allowed to create an account (or a Showcard page) that impersonates another person, public figure (e.g. celebrity), brand, business, or company without appropriate authorization. Showcard remains free of charge from any violations or illegal activities resulting from your pretending to be someone else. In case of prosecution, the responsibility lies solely with you.

Showcard for Agencies

• f.
• Before creating an account for someone else, make sure you have obtained their permission. You will be responsible for managing their account and ensuring that it complies with our Terms of Service.

• g.
• To transfer ownership of a Showcard page, you need to reach out to our support team and provide us with information about the reason for the transfer.

3. Content Policy

Using our platform allows you to add text, links, graphics, images, videos or any other digital content. By doing so, you are responsible for the content that you upload to our platform, meaning you are in charge of the legality behind this content.

When you add/upload content to our platform:

• a.
• The content must belong to you (you own it) / you have the legal rights to use it, and you grant us the rights and license to use them.

• b.
• The content can't include senstive information (e.g. passwords, credit card numbers).

• c.
• The content can't display illegal information/acts.

• d.
• The content can't contain viruses or harmful code that disrupts or damages our platform or other software, hardware, or devices.

• e.
• The content can't contain information that violate the privacy, publicity, or other rights of anyone else.

You are not allowed to add any of the following content:

• f.
• Nudity and sexually content.

• g.
• Misleading information (e.g. fake news).

• h.
• Dangerous, violent, harmful, or explicit content.

• i.
• Any content involving cyberbullying towards another person.

Be aware that you must own your rights to any content you add, upload, or display on our platform, and you are responsible for safeguarding those rights. We take no responsibility and assume no penalty for any content that you upload to our platform.
When you submit content to our platform, you grant us the right and license to edit, use, modify, publicly display or delete it from our platform (In case it violates our platform's guidelines). Showcard remains free of charge for any violations or illegal activities resulting from the content you upload to our platform. We are not responsible for any content, products, or services made available through the Showcards of other users.

4. Showcard's Domain

When creating a new Showcard, you must choose an appropriate domain name that does not violate any intellectual property rights or legal laws or contain offensive content about a person or entity other than you, without appropriate permission.

• a.
• You are not allowed to use a domain that includes information about another person (e.g. a celebrity's name) or to impersonate another person.

• b.
• You are not allowed to use a domain that includes information about another brand, business, or company, or to impersonate them without appropriate authorization.

• c.
• Please be aware that we reserve the right to reclaim or reassign your domain at any given time. We will contact you before taking this action, unless you violate our platform's guidelines and we can suspend you without further notice.

• d.
• If someone else owns a domain that includes your information or infringes upon your intellectual property rights, you will need to file an Intellectual Property report (Click here). You will then have the opportunity to request the reassignment of the domain.

• e.
• Users with a Showcard's Certified Badge (Blue Check) on their Showcard page cannot impersonate someone else (e.g. celebrity, brand, business, company). This action is serious and can result in legal action from both sides (ourselves and the impersonated party). When you add the Certified Badge to your page, you warrant that you agree with our Terms of Service. Showcard remains free of charge from any violations or illegal activities arising from your act of pretending to be someone else. In the event of prosecution, the responsibility lies solely with you.

5. Subscriptions, Fees and Payments

When you create a new Showcard account, you have the option to choose between free and paid plans. Your plan will begin once you agree to the Terms and will remain active until you cancel. If you choose to cancel a paid plan, it will continue until the end of your billing cycle and then automatically switch to a free plan. (Subscriptions are paid in USD).

Payment Processing, Fees & Refunds:

• a.
• If you intend to subscribe to any product or service available through our Service ("Subscription"), you may be required to provide specific information regarding your Subscription. This information may comprise, but is not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping details. You warrant that: (i) you have the legal right to use the provided credit card or other payment method, and (ii) the information you have provided to us is accurate, truthful, and complete.

• b.
• We utilize third-party services to facilitate payment processing and the fulfillment of your Subscriptions. When you submit your information, you give us permission to share this information with these third-party providers, following the terms outlined in our Privacy Policy. All payments made for subscriptions on our platform are directly managed between the buyer and the seller. We do not engage in the handling or processing of any payments. Instead, we depend on reputable third-party payment processors to manage all financial transactions. These payment processors uphold their individual terms of service and privacy policies, which we encourage users to examine.

• c.
• To cancel a paid plan, visit the billing page (Or click here), and click on "Change Plan". Refunds for paid Subscription fees are not provided, unless required by legal mandates. If you made a purchase but cancel it within the first 48 hours, we might be able to provide a refund, although it's not assured.

Subscriptions, Free Trials & Fee Changes:

• d.
• All subscription fees will be charged in advance, based on your chosen billing cycle (monthly or annually). Your plan will renew automatically at the end of each billing cycle under these Terms (as updated upon renewal), unless you cancel your plan. If you choose to cancel a paid plan, it will continue until the end of your billing cycle and then automatically switch to a free plan.

• e.
• You must provide accurate billing information and a valid payment method when you upgrade to a paid plan. By doing so, you allow us to charge all platform fees to that payment method. If we encounter a billing failure, we will send you an online invoice that you must pay within the specified time.

• f.
• When you switch from a paid to a free plan (e.g. Cancel Subscription), it's important to note that your complete Showcards list, leads & contacts, (along with any associated information exclusively available for paid users, e.g., analytics data), will be permanently deleted and cannot be restored.

• g.
• Showcard has the right to modify, change, or update our platform fees ("Subscription") from time to time, with a prior notice of at least 28 days before the change. This notice period gives you time to decide whether to terminate your subscription before the fee change takes effect. You can cancel your plan before the next billing cycle starts.

• i.
• Showcard offers a subscription with a 7-day free trial. You will be required to provide us with your accurate billing information in order to start the free trial subscription. You will not be charged before the free trial ends. Once the free trial ends (unless you canceled your plan), you will be charged based on the subscription plan you choose.

• j.
• Showcard provides a free plan with limited features, ideal for getting started or for trying our platform before upgrading to our paid plans. We reserve the right to halt registrations for free accounts at any given time, without further notice. Also, we hold the right to close existing free accounts, notifying those users with a 30-day prior notice, and they can decide whether to upgrade their plan or to close their account.

6. Public User Submissions

• a.
• Our platform allows our users the capability to add “Public User Submissions”, including lead forms, polls, surveys, and subscribers list submission. When you create a Public User Submission form, you are required to (i) provide a link to your own Privacy Policy, (ii) assume complete responsibility for the submitted information, and (iii) authorize us to host this information within our database. It's essential to note that your leads & contacts information is encrypted and remains exclusively visible to you

• b.
• You affirm that you have the required rights and permissions to grant authorization for any Public User Submissions you publish on or through our platform. We hold no liability for the content contributed by other users or visitors to the platform. Your use of the platform and/or Sites (known as "Showcards") may expose you to content that is offensive, indecent, inaccurate, misleading, or otherwise in violation of the law.

• c.
• When you, as a visitor, submit your data through a user's Showcard, it's important to understand that the user of that Showcard has control over the data you submit. Any data you provide is subject to the privacy policy that the user has established for their webpage. This means that the user is responsible for managing and processing your submitted data according to their privacy policy. Any actions taken with your data, are solely within the user's discretion and are guided by the privacy policy they have provided. Please note that any violation of privacy or misuse of your data by the user is entirely the user's responsibility and is not related to us. We strongly advise visitors to review the user's privacy policy before submitting any personal information.

• d.
• If you, as a user, add a Public User Submission form without including a link to your privacy policy, it's crucial to understand that this might make you vulnerable to legal action or unlawful activities. You should be aware of the legal consequences and potential risks associated with using the submitted data without a proper Privacy Policy. Any legal problems or illegal activities arising from your use of the submitted data are entirely your responsibility. We are not responsible for any outcomes or claims related to how you manage submitted data in such situations.

7. Prohibited Usage

You may use our service only for lawful purposes and by our Terms of Service. Given the variations in laws and regulations across different countries, we reserve the right to prohibit content that might be considered lawful in different countries. We retain the authority to undertake actions we believe may involve content removal, access restrictions to both the content and the Platform, or any other necessary measures.

You agree not to use the service:

• a.
• In any manner that breaches any applicable national or international law or regulation.

• b.
• To exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content.

• c.
• To transmit or solicit any advertising, or promotional material, including junk mail, chain letters, spam, or similar solicitations.

• d.
• In any manner that violates the rights of others, or that is unlawful, threatening, fraudulent, or harmful, or associated with unlawful, illegal, fraudulent, or harmful activities.

• e.
• To engage in any behavior that inhibits anyone's use or enjoyment of the Service, or that, as determined by us, may harm or offend Showcard or the our users, or expose them to liability.

• f.
• To impersonate, or try to impersonate, another user, Showcard itself, or any other person or entity.

You also agree not to:

• g.
• Introduce malicious software, such as viruses, trojan horses, worms, logic bombs, or other harmful materials.

• h.
• Launch a denial-of-service attack or a distributed denial-of-service attack against the our service.

• i.
• Attempt unauthorized access to, disruption of, or damage to any part of the service, our hosting server, or any linked server, computer, or database.

• j.
• Use any method, software, or routine that disrupts the proper operation of the Service. or use the service in a way that could disable, overload, damage, or impair its functionality or hinder others' real-time engagement.

• k.
• Take actions that may damage or misrepresent our company's reputation.

• l.
• Employ any automated means to access the service, including robots, bots, spiders, or similar devices, for any purpose, including copying its content.

• m.
• Copy or monitor the service's content manually or for any unauthorized purpose without our prior written consent.

• n.
• Or any other attempt to interfere with the Service's proper functioning.

8. Intellectual Property

We highly value the intellectual property rights of others and expect our users to do the same. We maintain a transparent policy for promptly processing and investigating reports of potential infringement, including claims that content posted on the service violates the intellectual property rights of others. We will take appropriate actions as per the Digital Millennium Copyright Act, the Copyright Act, and other relevant intellectual property laws concerning any alleged or verified infringement.

It's crucial to clarify that users bear sole responsibility for the content they upload and display on their Showcards. This encompasses text, images, videos, and any other material. Our platform equips users with tools to craft and tailor their content, yet we do not assume liability for its accuracy, legality, or appropriateness. Users possess complete control over the information they opt to publish, and any disputes or issues arising from their content are exclusively their responsibility. Adhering to pertinent laws and regulations when uploading content to our platform is required.

Upon receiving a notice and subsequently removing or disabling access, we will make reasonable efforts to contact the affected member. This process will involve furnishing details about the notice and removal procedure. In cases of alleged copyright infringement, we will provide instructions for submitting a counter-notice. We might also share a copy of the infringement notice, including the reporting party's name and email, with the impacted member.
If you believe your work has been copied in a manner constituting copyright infringement or that your intellectual property rights have been otherwise violated, kindly submit your claim via email to support@showcard.io.

Please include the following information:

• a.
• A description of the copyrighted work or intellectual property that you allege has been infringed.

• b.
• Details about where the supposedly infringing material is located on the service, including the URL.

• c.
• Your electronic or physical signature or that of the authorized representative of the copyright or other intellectual property interest holder.

• d.
• A statement that you genuinely believe the disputed use isn't authorized by the copyright or intellectual property owner, its agent, or the law.

• e.
• A statement made under penalty of perjury that the information in your notice is accurate and that you're either the copyright owner or authorized to act on their behalf.

• f.
• Your address, phone number, and email.

We may request additional information, such as identity verification of the reporting party, before processing the notice. Notices that we believe contain false, fraudulent, incomplete, or bad-faith information may be rejected. We retain the right to take action against those who misuse this policy.

Counter-notices are accepted only for copyright notices. If you believe removed or disabled content isn't infringing or that you have the right to post and use the content, you can submit a counter-notice.

This notice should include:

• g.
• A statement expressing your genuine belief that the content was removed or disabled due to a mistake or misidentification.

• h.
• Identification of the removed or disabled content and its location before removal or disabling.

• i.
• Your name, address, phone number, and email, along with a statement consenting to the jurisdiction of the applicable legal court, and an agreement to accept service of process from the notifying party.

• j.
• Your physical or electronic signature.

Upon receiving a counter-notice, we will notify the original complaining party that we may replace the removed content or cease disabling it in 10 business days. Unless a copyright owner initiates a court order against the content provider, member, or user, restored content may happen within 14 business days or more after receiving the counter-notice, at our discretion. Kindly direct this information to our email at support@showcard.io.

Misrepresentation or bad-faith claims regarding the infringement or non-infringement of content accessible through the service may result in your being held accountable for damages, including costs and attorney fees. If you're uncertain about whether the content is infringing, it's advisable to consult an attorney before submitting a notice or counter-notice. Any fraudulent or abusive notices or misuse of our Infringement Policy may lead to account termination or legal consequences. As outlined in the Termination section of these Terms, we retain the right to terminate or suspend user accounts at any time, for any reason, and without prior notice.

9. Liability

• a.
• Your Responsibilities and Indemnification:
  You acknowledge that we are not liable for any outcomes resulting from your use of the Platform. It's your sole duty to secure backups of your content and ensure the protection of your data, content, and devices connected to the Platform. Loss Indemnification: You agree to indemnify us and our officers, directors, employees, and agents from any indirect, punitive, special, incidental, or consequential damages, as well as claims arising from breaches of these Terms or third-party claims related to your content. Neither party is liable for indirect or consequential damages, irrespective of the origin of such damages.

• b.
• Third-Party Services and Indemnification:
  You acknowledge that certain features of the Platform may involve the use of third-party services. Any such usage necessitates your agreement to their respective terms and conditions. Violations of third-party terms are not related to us, and you indemnify us against any claims arising from such violations.

• c.
• Limitation of Our Liability:
  As per our Terms and Conditions Agreement, we want to ensure that you are aware of our liability to you in connection with the use of our Platform. We understand that unforeseen circumstances may arise, and we want to assure you that we take responsibility for any issues that may occur during your use of our services. In the event of any liability, we will limit our liability to the greater of the fees you've paid us at the time of the liability. This means that we will be held accountable for any issues, but our liability will be limited to the amount paid by you for our services. We have put in place numerous safeguards and measures to ensure that your personal information and data are secure and protected. If you have any concerns or questions regarding our liability or any other matter related to our services, please do not hesitate to contact us. We are always here to help and ensure that your experience with us is both safe and enjoyable.

• e.
• Indemnification for Prohibited Actions:
  Subject to legal constraints, you will indemnify us against any indirect, punitive, special, incidental, or consequential damages, and claims arising from your violations of federal, state, or local laws, statutes, rules, or regulations. In cases of company liability, it will be restricted to the amount paid for products and/or services, without room for consequential or punitive damages. Note that certain jurisdictions may not allow the exclusion or limitation of such damages.

10. Disclaimer of Warranty

The services provided by Showcard are offered on an "as is" and "as available" basis. We do not provide any express or implied representations or warranties concerning the operation of the service. You agree that your utilization of the service is entirely at your own risk. Neither Showcard nor any individual affiliated with Showcard offers any warranty or guarantee regarding the completeness, security, reliability, quality, accuracy, or accessibility of the service. Moreover, there is no assurance that the service will be accurate, reliable, free of errors ("bugs"), or uninterrupted. We do not warrant that errors will be corrected, that the service is devoid of viruses or other detrimental components, or that it will meet your specific needs or expectations.
As a result, Showcard renounces all kinds of warranties, whether express or implied, statutory or otherwise, encompassing but not limited to warranties of merchantability, non-infringement, and suitability for a particular purpose. The above does not impact any warranties that cannot be excluded or restricted under the applicable law.

11. User Suspension & Termination

We reserve the right to suspend or terminate your account and deny access to our platform immediately, without prior notice or liability, based on our sole discretion. This action may be taken for any reason, including but not limited to a violation of the Terms & our platform's gudielines.

If you decide to terminate/delete your account, you must contact our support team in order to complete this action (Click here). Any provisions within the Terms that are expected to remain valid even after termination will indeed persist. This includes, but is not limited to, ownership provisions, disclaimers of warranty, indemnity obligations, and limitations of liability.

12. Changes to our Service

We reserve the right to withdraw, modify, or alter our Service, as well as any services or materials offered through our platform. This is done solely at our discretion and without prior notice. We make these changes to improve and update our platform, which includes revisions to our Terms of Service. It is your responsibility to periodically review these Terms, and your continued use of our platform means your agreement with them. We shall not be held liable if, for any reason, all or any part of the Service becomes unavailable at any time or for any duration. At times, access to specific portions of the Service, or the entire Service itself, may be restricted, including for registered users.

Your ongoing access to or use of our Service after the effective date of any revisions indicates your consent to abide by the updated terms. The updated version will be indicated by an updated date shown at the beginning of the page, and the updated version will be effective as soon as it is accessible. If you do not agree with the updated terms, please do not use our platform.

13. Waiver and Severability

The Company's decision not to enforce any specific term or condition outlined in these Terms will not be construed as a permanent relinquishment of said term or condition, nor will it be deemed a waiver of any other term or condition. Furthermore, any failure by the Company to assert a right or provision as stipulated in these Terms will not result in a waiver of that right or provision.
If a court or another competent jurisdiction deems any provision of these Terms to be invalid, illegal, or unenforceable for any reason, such provision will be removed or restricted to the minimum extent necessary. The remaining provisions of these Terms will continue to be valid and effective to the fullest extent permitted by law.

14. Adding Links to Different Websites & Usage of 3rd Party Services

Our platform may allow users to add links to websites or services operated by third parties that are not under the ownership or control of Showcard. Showcard has no authority over, and disclaims any responsibility for, the content, privacy policies, or practices of these third-party websites or services. We cannot guarantee the accuracy or reliability of the products, information, or services offered by these entities or individuals. Showcard is free of charge from any violations or illegal activities resulting from you adding links to different websites or third party services.
You acknowledge and agree that Showcard cannot be held accountable or liable, whether directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the utilization or dependence on any content, goods, or services available through such third-party websites or services. We strongly recommend that you review the terms of service and privacy policies of any third-party websites or services you visit.

15. Governing Law

These Terms shall be interpreted and governed by the laws of the State where our headquarters are located, disregarding any conflict of law provisions. In case we don't enforce a particular right or provision outlined in these Terms, it doesn't imply a waiver of such rights. Should any part of these Terms be deemed invalid or unenforceable by a court, the rest of the Terms will continue to remain effective. This document represents the comprehensive agreement between us concerning the use of our Service, superseding any previous agreements we may have had regarding the same.

16. Third Party Services

Our platform may use third party providers in order to access specific functionality ("scripts") or services.

• a.
• Google Analytics:
  Google Analytics is a web analytics solution provided by Google, which collect data and insights regarding our website traffic. This data collection aids Google in overseeing and analyzing the utilization of our service. This information is additionally shared with various other Google services. The amassed data might be employed by Google to contextualize and tailor advertisements within its own advertising network. For a more comprehensive understanding of Google's approach to privacy, please read Google's Privacy Terms

• b.
• Your usage of 3rd Party Service:
  Using our platform may allow you to add videos, links, and iframes from third-party services like Spotify, YouTube, Calendly, etc. By utilizing these services, you agree to their Terms of Service and take sole responsibility for any violations of their guidelines. Showcard is free of charge from any violations or illegal activities resulting from you using these third party services.
  Spotify: Spotify's Terms of Service | Spotify Platform Rules
  Calendly: Calendly's Terms of Service
  YouTube: YouTube API Terms of Service | YouTube's Terms of Service
  Apple Music: Apple's Terms of Service
  SoundCloud: SoundCloud's Terms of Service

17. Newsletter & Communications

When you create an account on our Service, you are agree to receive newsletters, promotional materials, marketing information, and other related content that we may distribute. However, you have the option to stop receiving any or all of these communications from us. This can be done by either clicking the "Unsubscribe" link or by emailing us at support@showcard.io.

18. Privacy Policy

We value you and your visitors privacy highly. Our Privacy Policy outlines the procedures we follow to collect, protect, and share information arising from your utilization of our Service. This policy also governs your interaction with our Service. Using our services means you agree with our Privacy Policy. You can review it in detail here: Privacy Policy.

19. Cookies Usage

Our Cookie Notice concisely covers how we utilize cookies on our platform to enhance your experience and ensure the functionality of our Service. We only use essential cookies on our platform, and we are proud to use the lowest amount of cookies amongest different platforms. Using our services means you agree with our Cookie Notice. Click here to read it.

20. Contact Us

You can contact us for feedback, service questions, comments, or technical support by emailing us at support@showcard.io or visiting our Support Center page.