Terms and conditions

Welcome to ShareEcard!

Please read the following Terms & Conditions carefully. Your use of ShareEcard means you have accepted this agreement. ShareEcard is provided by eOptive GmbH. Under these Terms of Service ("Terms"), the term "ShareEcard" or "we" means eOptive GmbH, a company established and existing under the laws of Switzerland. This agreement also includes the Privacy Policy and other business rules. Please read them carefully.

1. About ShareCard

ShareEcard refers to software with functions of business card sharing and recognition and other related internet-based value-added services ("Our Service"). We provide the above-mentioned services through paid ShareEcard software ("Our Software"), ShareEcard website (www.shareEcard.com), or application programming interfaces ("APIs") for third parties to use. We remind you especially that we only provide you the software and service as tools. When using ShareEcard acquiring and processing information, you should respect legal rights of others such as intellectual property rights and privacy rights etc., and make sure you are authorized to copy, amend, upload and publish the information. If doing such mentioned above without permission, you may infringe legal rights of others, which may result you to be legally liable.

2.Range of Software License and Services

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to use ShareEcard. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use Our Services on your smart mobile end-device, including but not limited to tablets, smart phones and scanner, and PCs as well as other computer systems ("End-Device") for personal and non-commercial purposes.

3. Paid Service

You need to pay for ShareEcard Services. Please request further details from us.

4. Privacy and Personal Information

ShareEcard respects the privacy of each user and will protect your privacy and personal information in accordance with relevant Swiss laws and regulations. You need to read carefully our Privacy Policy which specifies how we treat your personal information. We particularly remind that the information you upload or submit to ShareEcard may involve other peoples' personal information or privacy. ShareEcard will not disclose such contents without authorization. When using ShareEcard business social networking services, you should set or adjust your privacy controls according to your own needs to avoid risks. You acknowledge and promise that you will fully respect the privacy of anyone you have access to within ShareEcard Services and will not collect, duplicate, store, disseminate or spread others' private information without permission. If you make malicious use of other people's personal information, or infringe other users' privacy by any other means (including but not limited to harassment), we are entitled to restrict or terminate your account privilege until finally delete your account at any time and we reserve the right to unilaterally terminate this agreement and request you to bear legal liabilities.

5. Providing Services "As Is"

ShareEcard provides services using a commercially reasonable level of skill. We are trying our best to meet your needs and assure the consistency and security of our services. But we are not able to foresee some legal and technological risks including but not limited to service interruption, data loss and other damages or risks due to force majeure, viruses, Trojans, hackers' attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use ShareEcard at your own risk.

6. Third Party Services

We only develop the function of duplicating relative business cards through APIs and invoke services from third parties. However, actual services are provided by third parties. For related rules please refer to Terms of Service and Privacy Policy issued by those third parties. We hold no direct or indirect liabilities for any problem or damage incurred by you as a result of using third party services.

7. Your Content in Our Services

You confirm that you retain copyright and other rights of the contents you submit to our Services. You should take responsibility for the contents you transmit, upload, post or distribute through ShareEcard either publicly or privately ("contents", including but not limited to business card information, email, message, file, work, software, music, recording, picture, graph, video, data, registered information and other information) . Make sure you have the necessary authorization for submitting such contents.

8. Information Storage and Synchronization

8.1 You acknowledge and agree to store information related to use of our software into your own end-device, which will occupy some room of the end-device. ShareEcard reminds you of choosing whether to set passwords in order to protect information security according to your needs.
8.2 If you set and use your account in your end-device, this end-device will add stored card information to your account automatically and store them in ShareEcard's servers. Your registered account will be bound to this end-device in default unless you remove binding in the settings.
8.3 When you are using this software in registered condition, any direct modification of card information in end-device and sever account via web service will be synchronized automatically between end-device and server according to the final result. Therefore, if you are using an end-device which is not owned by you, please be notified to adjust your settings so as to avoid any leakage of personal information or privacy.
8.4 If you lose information because of your careless deletion of card information in end-device or server account, you are able to contact ShareEcard to restore your cards.
8.5 ShareEcard's system operates card information's sharing, storage, backup and recovery. You should read operation assistance rules carefully to well understand the system's default setting and adjust it at your own will. ShareEcard shall not be responsible for the deletion or failure of information storage with ShareEcard system.
8.6 All the Customer data is stored in Servers located in Switzerland.

9. Code of Conduct

9.1 When you are using the services of ShareEcard, you shall firmly agree to abide by local laws and regulations. No one shall produce, reproduce, publish, or spread sensitive or illegalinformation, or any information or material which will be regarded as illegal or inappropriate by reasonable people.
9.2 You shall not use ShareEcard for any illegal purposes, or utilize ShareEcard to conduct illegal behaviors
9.3 If user violates the agreement's provision, any claims, requests, or damages including reasonable legal counsel fees generated from any third parties therefrom, you shall agree to compensate ShareEcard so as to protect us from losses.

10. Intellectual Property

You acknowledge and agree that ShareEcard possesses any and all the lawful rights and interests of ShareEcard, including any intellectual property rights of software and/or service (no matter whether such right or interest is registered or not, nor such right or interest exists in any state or district). The information in ShareEcard includes: personal name card information, words, software, voices, photos, videos, diagrams, all contents in advertisements, the commercial information we offer and so on. The contents of ShareEcard's information are protected by copyright, patent, trademark as well as other related laws and regulations. You are allowed to use these contents only if with our authorization; no arbitrarily reproduction, modification or compilation of these contents or the creation of related derivative products are permitted. Unless you have otherwise reached written agreement with ShareEcard, this agreement does not authorize you to use ShareEcard's software title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features.

11. Limitation on Liability

11.1 You should use ShareEcard correctly, and bear responsibilities and losses by yourself for your improper operation.
11.2 You fully understand that ShareEcard involves online service, it may meet various risks such as force majeure, or possibly interrupting the service. We will attempt to restore it immediately in such cases, however, you should bear such responsibilities and losses by yourself caused hereby, and ShareEcard shall NOT be responsible no matter directly or indirectly. The accidental risks include but not limited to the interruption and suffocation of service caused by the following reasons: (1) undermined by computer virus, Trojan or other malicious programs, or by Hacker's attack; (2) user's or ShareEcard's end-device's software, system, hardware and telecommunication line happens to breakdown; (3) accidents, natural disaster or acts of government; (4) user's employment of service is neither provided nor authorized by ShareEcard; (5) other force majeure or factors beyond ShareEcard's control.
11.3 We make no warrants in any form for unpredictable or uncontrollable technical defects of product, the stability of service, or any losses or damages caused thereby, unless the law expressly stipulates mandatorily otherwise.
11.4 You acknowledge and agree, if you use a location-based service of ShareEcard, other users nearby might find you based on location. If you exchange card information with other users, you should be careful to judge the authenticity of the information, and to guard against any possible malicious use (for instance, personal injury or any other harm).
11.5 To the extent permitted by law, the total liability of ShareEcard for any claims arisen herein (including any implied warranties if any), shall be limited to the amount you paid us to use ShareEcard service.
11.6 ShareEcard reminds you of exporting your business card information and making backup regularly. We shall by no means be liable to compensate any direct or indirect loss of the users if resulted in abnormal use.

12. Conclusion of Agreement

Your use of ShareEcard means to us that you have read and accepted our terms. If you do not agree to this agreement, stop immediately and do NOT use our software or services.

13. Modifications of the Terms

We may modify this agreement or any additional terms that apply to ShareEcard Services. You should look at the terms regularly. Usually we will post notice of modifications to these terms on our homepage, or via e-mail or by other reasonable means to inform you with a new agreement thirty days before it takes effects. If you do not agree to the modified terms, you should discontinue your use of our service.

14. Discontinuation, Suspension and Termination

4.1 You can stop using our Services at any time, although we will be sorry to see you leave. If you want to cancel your account, please contact us at [email protected] with the registered email address. We will terminate your service account after verifying relevant information in accordance with our rules.
14.2 We are constantly changing and improving our services. We highly recommend you to update in time. However, you can choose whether to accept the update or not. If you choose not to update, we do not guarantee to provide you with latest updated services, the likely loss there from shall be borne by yourself.
14.3 We reserve the right to modify, discontinue, suspend or terminate our service at any time. Before any action is adopted, we will normally try our best to give you reasonable notice in advance.
14.4 You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your service account, or access to ShareEcard in event of any of the following: (1) personal information you provide is inaccurate, fake or illegal; (2) breaching or violation of this agreement; (3) no sufficient payment is paid to us; (4) requirement according to law or related government department; (5) Other situation as we deem necessary.
14.5 If your account is not used in nine months consistently, we reserve the right to terminate your service account, in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc.) there from should be borne by yourself.
14.6 The account may be canceled if user terminates using any of our services. We reserve the right to delete all the information of your account completely, and shall no longer undertake any obligation to you.

15. Applicable laws and Disputes Settlement

15.1 This agreement shall be governed by and construed in accordance with the laws of Switzerland.
15.2 In the event there is a dispute between you and ShareEcard, both parties shall attempt to settle the dispute amicably. If you dissatisfy with the result thereof and seek to file a legal claim against us, you agree to file and resolve it exclusively in Swiss courts.
15.3 All subtitles of this agreement are only for convenience to read and have no practical significance, and thus shall not be used as the basis for interpretation.

Privacy

Please see our Privacy Policy as set forth on the site.