Terms | cardex

Recently updated: February 2018

These Terms of Use, together with the Privacy Notice available on: http://cardex4business.com/privacy (together, the “Terms”) govern your relationship with CardEx Ltd. and its current and future parents, subsidiaries and affiliates (collectively, “CardEx” or “We”) and set forth the terms and conditions under which CardEx makes available its mobile application and platform for online business cards (the “App”) and the services available through the App, or as otherwise provided by CardEx (the “Services”), to each person or entity (the “User” or “you”) accessing or using the App and/or the Services.

By downloading, registering for or using the App and/or the Services, you agree to be bound by these Terms, as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue use of the Services. As long as you do not cease using any of the Services, You will be conclusively deemed to have accepted these Terms.

The App may contain links to third party services or sites, which are not offered or endorsed by CardEx or controlled by CardEx. Any use, access or purchase from any third party business is subject to different and/or additional terms, and you should review such terms prior to using any such service.

1. Services and Registration

1.1 The App provides Users with the ability to create digital business cards, share such business cards with other Users, and maintain an up-to-date, relevant database of contacts.

1.2 The App provides a platform for Users to create and share their own profiles. The information made available on the App is created by our Users. CardEx does not, and cannot review, validate or approve any information provided by a User through the App, all of which constitutes user generated content (“User Content”).

1.3 In order to use the App and the Services, you will have to sign up to the App, and create a profile by providing certain personal data, such as you name, address, contact details, etc. You provide us with any such information voluntarily. You are not required by law to register to the App or provide any personal data to us.

1.4 When creating your account on the App, you will be able to select what information about you will be included in your public profile (“Public Profile”), including name, title, contact details, profile picture, etc. Please note that any information you include in your Public Profile will be just that – public, and may be shared with other Users on and outside the App. For more information regarding the policies governing personal data, please review our Privacy Notice, available at: http://cardex4business.com/privacy.

1.5 You may synchronize Public Profiles you receive through the App into your contact lists in your device. However, please note that in case you do so, when a Public Profile is updated on the App, such profile will not be updated automatically in your device contacts.

1.6 Any and all information you provide on the App during registration and on your Public Profile must be correct, current, accurate and complete. You may not provide or disclose any information which is untrue, deceptive, or which you are not authorized to use or provide. You undertake and agree not to use any information which is not your own, not to create any false Public Profiles and not to use any information belonging to a different person or which is otherwise misleading or offensive.

1.7 You are entirely responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree and undertake not to use the login credentials of another User at any time, and not to disclose your login credentials with any other User or other third party. You are responsible for all activities that occur through your account on the App. You agree to notify us immediately if you suspect any unauthorized use of your login credentials, your account or your Public Profile.

1.8 CardEx reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate a User's account, and/or the App or any part thereof, all at its sole discretion. You will have no claim, complaint or demand against CardEx or against any related parties or affiliates of CardEx, for applying such changes or for failures incidental to such changes.

2. Restricted Uses

The App is intended to create a safe community in which Users can share their contact information with each other, as an efficient platform for transferring your digital business card to other Users. Therefore, you hereby represent and warrant that you will not misuse the App in any way contrary to these Terms or any applicable law, or use the App in any way which might infringe upon the rights of any other User or other third party.

Furthermore, and without limiting any other obligations under these Terms or applicable law, you undertake that you shall not, and shall not permit others to:

2.1 Modify the App and/or Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services and their underlying software, or other technology, code, algorithm or other proprietary information of CardEx in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the App, with or without notification.

2.2 Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, technology or any software thereto;

2.3 Create a database by systematically downloading and storing all or any content from the App or the Services;

2.4 Use the App and/or Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the App and/or Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;

2.5 Use the App and/or Services in a way that infringes or violates these Terms, or infringes or violates the rights of any other User or third party.

2.6 Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of our App, Service or any CardEx Content.

2.7 CardEx reserves the right to block User from using the App and/or the Services in case of violation of these Terms or applicable law.

3. User Content

3.1 The App allows you to share other User Content and to interact with other Users. You are solely responsible to any and all User Content, including your Public Profile, communicated, submitted or transmitted by you through the App or Services.

3.2 Any User Content you publish or share through the App may be viewed by other Users, as well as CardEx. We are not responsible for any personal data you choose to submit or share through the App and you are solely responsible to protect your privacy by what you decide to publicly share through the App. You should share User Content with discretion and in accordance with these Terms.

3.3 You undertake and approve that you will not upload, post, distribute, share, communicate, transmit or otherwise make available through the App any User Content, including any information on your Public Profile, that: (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages (v) that contains any discreet or sensitive information about you or any User, such as medical information, information about sexual life or orientation, political affiliation, etc.

3.4 By uploading, communicating or transmitting any User Content on the App or the Services, you hereby represent and warrant that such content does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory, offensive or unlawful and that such information shall be deemed to be non-confidential.

3.5You hereby grant Cardex a non-exclusive, royalty-free and worldwide license to collect, and use any User Content uploaded by you to the App and/or the Services, for the purposes of providing the Services, for the optimization of the Services and to customize Users experience while using the App and/or the Services, You further grant us the right, without limitation, to copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, the User Content and you warrant to CardEx that you have the right to grant such license for such purposes.

3.6 You further acknowledge and agree that CardEx is not responsible for any User Content uploaded or shared through the App, and does not guarantee the accuracy, integrity or availability of such User Content.

3.7 Notwithstanding the foregoing, CardEx may, but is not obligated to, review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that CardEx, in its sole discretion, considers being non-compliant with any of the requirements of these Terms or applicable law.

3.8 CardEx reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to or received from the App or through the Services. CardEx shall not be liable for any purging, deletion or failure to retain any such User Content.

4. Intellectual Property

Certain content and information provided on and through the App and/or Services, including, without limitation, any of CardEx logos, trademarks, graphics, designs, information, texts, images, data, underlying software, code, algorithm, technology and other material displayed, available or present through the App and/or Services, (the “CardEx Content”) are the protected, proprietary and/or copyrighted and/or trademarked work of CardEx, owned exclusively by CardEx and its affiliates and/or its licensors. CardEx retains all rights, including any and all intellectual property rights, in the App, the Services, and the CardEx Content. You have no right to modify, edit, copy, distribute, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the App or the Services or CardEx Content in any manner.

5. Notice and Take Down

5.1 CardEx respects the rights of Users and third parties. If you believe a certain content uploaded or sent through the App infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by using the report interface on the App.

5.2 When providing us with notification of infringing content, please specify the following details:

5.2.1 Identify the material that you claim is infringing, as well as material infringed if any.

5.2.2 Provide information reasonably sufficient to permit CardEx to contact you (email address is preferred).

5.2.3 Provide information, if possible, sufficient to permit CardEx to notify the owner/administrator of the allegedly infringing content (email address is preferred).

5.2.4 Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.

5.3 CardEx may block contested content, and may reinstate it, and shall not be liable for any such actions taken in connection with contested content.

6. Limitation of Liability

CARDEX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CARDEX (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APP AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES AND REMOVE THE APP FROM YOUR DEVICE. CARDEX AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES AND/OR IN CONNECTION WITH ANY USER CONTENT OR ANY OTHER INFORMATION OR DATA PROVIDED TO YOU BY OTHER USERS VIA THE APP OR THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CARDEX HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CARDEX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, CARDEX WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.

You acknowledge and understand that the App and Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. You shall have no claim or demand towards CardEx with regards to the aforesaid.

Content available through the App and Services may contain links to third party websites that are not owned or controlled by us. CardEx has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CardEx will not and cannot censor or edit the content of any third-party site. By using the App and Service, you expressly acknowledge and agree that CardEx shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

7. Indemnification.

You agree to defend, indemnify, and hold harmless CardEx, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of to the App or Services, and any use of the App or Services made through Your account; (ii) Your violation of any undertakings under these Terms; (iii) Your violation of any third party right through or on the App, including without limitation any copyright or other intellectual property, or privacy right.

8. Miscellaneous

8.1 Waiver; Severability. The failure to require performance of any provision shall not affect CardEx's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

8.2 Assignment. CardEx may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

8.3 Choice of Law. Unless expressly stated to the contrary elsewhere within the App or Services, the App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

8.4 Amendments and Modifications. CardEx may, at any time and from time to time, modify these Terms. Modifications to these Terms will be posted on the App.

8.5 Notification. CardEx may provide notices to you by email to the email address specified by you during registration, by posting a message to your account interface or by posting a message on the App, and is deemed received when sent. In addition, any notices to CardEx or question regarding these Terms may be sent to: support@cardex4business.com.