This Master Subscription Agreement ("MSA") applies to all domains, sub-domains and subsidiaries of Cardify including getcardify.com, cardify.app, thefastestbusinesscard.com hereinafter referred to as the "website". The Website is owned and managed by Cardify BV with registered office at Ottergemsesteenweg-Zuid 808 B 143, 9000 GENT Belgium hereinafter referred to as "Cardify", registered under company number 0722.675.140.
This MSA ("Terms") is 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.
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.
'Customer' the entity that buys and uses Cardify paid plans.
'Paid plan(s)', 'Products and Services' refers to a Cardify Essential or Cardify Pro account.
A Cardify paid plan may only be managed by an authorized representative of the Customer.
You may not create conditions for employees using the Cardify account or its parts that violate these terms.
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 must comply with all applicable laws and regulations, including by ensuring that all necessary information is provided to people and employees using Cardify.
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.
Enterprise information must not contain false, misleading, fraudulent or deceptive statements or content.
Do not include third party products, brands or sponsors in the photo or company logo on your enterprise cards.
6.1. Ownership and Permitted Use. As between Cardify and Customer, all Customer Content is Customer's property. Customer grants Cardify a non-exclusive, worldwide, royalty-free license to process, reproduce, display, copy, communicate, and otherwise use Customer Content solely (i) to the extent necessary to perform its obligations or enforce its rights under the Agreement, or (ii) where required or authorized by law.
6.2. Security. Cardify will establish and maintain appropriate administrative, technical, and physical safeguards and controls to:
6.4. Cardify"s Remediation of Unauthorized Disclosures. In the event that unauthorized disclosure of or access to Personal Data is caused by Cardify"s breach under the Agreement, Cardify shall pay the reasonable and documented costs incurred by Customer in connection with the following items:
Notwithstanding the foregoing, or anything in this Agreement to the contrary, Cardify shall have no responsibility to pay costs of remediation to the extent that they are due to the negligence, willful misconduct and/or fraud by Customer or its employees, agents, contractors, or Authorized Users.
7.1 Customer acknowledges and agrees that the Products and Services are not designed to serve as master storage of Customer Content, and Customer is responsible for ensuring that master copies of the Customer Content are stored in a separate system.
7.2 Customer retains complete control over the installation, configuration, and usage of the Products and Services, and Cardify will not be responsible or liable for any deletion, corruption, damage, destruction, or unintended exposure of Customer Content due solely to acts or omissions of Customer.
7.3 Customer is responsible for ensuring that Customer Content does not violate the Agreement, third-party intellectual property rights, or applicable laws and regulations (including illegal, harmful, offensive, defamatory, misleading, obscene, or abusive material), and allows for the processing of the Customer Content. Customer will take reasonable steps to identify and promptly remove any such CustomerContent.
7.4 Customer represents and warrants that Customer Content will not include any Sensitive Personal Information, and that all collection, transfer, and use of any Personal Data in connection with the Products and Services will comply with all applicable privacy laws, regulations, self-regulatory guidelines (including proper disclosure via Customer's privacy
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 thirty (30) 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 forty-five (45) 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.
All Cardify subscriptions start on the commencement date stated on the invoice and run for either one (1) or twelve (12) months and are automatically renewed for instalments of respectively one (1) or 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 BV.