Terms of service

1.Who these terms are between

These terms are between TODO(1namecard): legal entity name (“1Namecard”, “we”, “us”) and the business that creates an organisation on 1Namecard or otherwise uses the service (“you”, “the customer”). They apply to the website at 1namecard.com, the app at app.1namecard.com and the card pages on organisation subdomains and custom domains.

1Namecard is for business use only. By creating an organisation or using the service you confirm that you act for a business or other organisation, that you are allowed to bind it, and that you are not using the service as a consumer. If you sign up for an organisation, you are responsible for everything done under it.

The privacy policy explains how we handle personal data. The data processing addendum is part of these terms and applies to the personal data we process for you. If the addendum and these terms conflict on personal data, the addendum applies.

2.The service

1Namecard provides digital namecards, QR codes and short links, lead and meeting capture with stored consent, a pipeline with analytics, and integrations, as described on the website and in the product. We may improve, change or remove features. For paid plans we will not remove a feature you rely on without notice, except where a legal or security reason requires it.

Plans have limits, such as the number of cards, short links, users and storage. The limits that apply to you are the ones shown on the pricing page for your plan, or agreed in writing for Business. Reaching a limit stops you from adding more of that item. It does not delete anything.

3.Accounts and people

Give us accurate information and keep it current. Each person signs in with their own account. Keep passwords and API tokens secret, tell us at once if you think they have been exposed, and remove access for people who leave. You are responsible for the people you invite and for what they do in the service.

4.Acceptable use

You will not, and will not allow anyone else to:

• create a card or short link that impersonates another person or organisation, or that is meant to deceive, phish or collect credentials or payment details under false pretences;
• send unsolicited bulk messages, or use the service to collect or contact people without a lawful basis;
• publish unlawful, defamatory, hateful or infringing content, or content you have no right to use, including photos of people who have not agreed;
• upload malware, probe or test the security of the service without our written permission, or overload it;
• get around plan limits, rate limits or access controls, or resell the service without our agreement;
• collect special categories of personal data or data from children through a card or lead form.

You are the controller of the data you collect with your cards. You are responsible for telling visitors what you do with their data, for the consent wording you set, and for having a lawful basis for contacting the people who give you their details.

5.Your data

Cards, leads, meetings, notes, files and everything else you or your visitors put into your organisation are your data. You keep all rights to it. You give us the right to host, copy, display and otherwise process it only as needed to provide the service to you and as the addendum allows.

You can export your leads, meetings, cards and short links as CSV at any time, and ask us for a full export of your organisation. When a paid plan or the account ends, you can still export for 30 days. After that we delete your organisation’s data, apart from copies we must keep by law. Backups taken before then are not changed by the deletion.

We may use anonymous, aggregated information about how the service is used to run and improve it. It does not identify you, your visitors or your people.

6.Plans and fees

• Starter is free of charge and is provided on the terms for the free tier below.
• Team costs EUR 88 / month for the whole organisation, billed monthly in advance. Prices are shown without VAT. VAT and other taxes are added where they apply.
• Business is priced and agreed with you in writing.

Invoices are due on receipt unless we agree otherwise. If an invoice is not paid we may remind you, then suspend the paid features or move the organisation to Starter limits. We may change our prices with at least 30 days’ notice, effective from your next billing period, and you may cancel before then. Fees already paid for a month are not refunded when you cancel part-way through it, unless the law says otherwise or we have broken these terms.

7.Paid plans: billing, renewal and cancellation

This section is a draft for review by qualified counsel. It applies to Team and to any other paid plan.

• Billing. A paid plan is billed monthly in advance for the whole organisation, from the day the plan starts. Where self-serve payment is offered, you authorise the payment method you give us to be charged each month. If a payment fails we will tell you and may retry it, and the late-payment rules above apply.
• Renewal. A paid plan renews automatically for another month until you cancel. We will not renew it for a longer period without asking you.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of the month you have already paid for. Until then the plan and its limits stay in place. After that your organisation moves to Starter if it fits within those limits, or closes, and the export period above applies.
• Refunds. Fees for a month that has started are not refunded, except as the warranty in the paid plans section provides, where the law requires it, or where we have broken these terms.
• Business customers only. You buy for your business, not as a consumer. Consumer rights such as the right to withdraw from a distance contract therefore do not apply.
• VAT and taxes. Prices are shown without VAT. We add VAT where it applies. A business in another EU country that gives us a valid VAT number may be invoiced under the reverse charge. You are responsible for any other taxes that apply to you.

8.The free tier (Starter)

Starter is provided “as is” and “as available”, free of charge. It carries no warranty of any kind, no service levels and no promise of availability, support or fitness for a particular purpose. We may change, limit or end Starter, or the whole of the free service, at any time. If we end it, we will give you a reasonable chance to export your data unless that is not possible for legal or security reasons.

To the maximum extent permitted by law, the operator’s liability for the free tier is excluded. This exclusion does not apply to the matters listed under “Liability that cannot be excluded” below, which stay in force for every plan.

9.Paid plans: warranty and liability cap

On a paid plan we promise to provide the service with reasonable care and skill and so that it works materially as described in the documentation. If it does not, tell us. We will fix it, or, if we cannot do so within a reasonable time, refund the fees for the period affected. That is your remedy for a breach of this warranty. Apart from this limited warranty, we give no other warranty, including that the service will be uninterrupted or error free, to the extent the law allows.

Subject to the section below, our total liability to you for all claims arising out of or in connection with the service in any period is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. We are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or expected savings.

10.Liability that cannot be excluded

Nothing in these terms excludes or limits liability, for any plan, for:

• intent (deliberate acts) or fraud;
• gross negligence;
• death or personal injury;
• liability that is mandatory by law, including liability to a person who has suffered damage under Article 82 GDPR and under product liability rules;
• anything else that EU or national law does not allow to be excluded or limited.

The free-tier exclusion and the cap above apply to the fullest extent permitted by law and are read down to whatever the law allows.

11.Suspension and ending

We may suspend a card, link, user or whole organisation, for as long as needed, if we reasonably believe that it breaks the acceptable use rules or the law, puts the service or other customers at risk, or if a fee is overdue, or if a court or authority requires it. We will tell you why where we can and where the law allows, and we will lift the suspension once the cause is fixed.

You can stop using the service and cancel a paid plan at any time. We may end a paid plan with 30 days’ notice, or at once for a serious or repeated breach. We may end Starter as described above. When the agreement ends, the export and deletion rules in “Your data” apply, and the sections that by their nature should survive do so.

12.Intellectual property and confidentiality

We own the service, its software and the 1Namecard name and logo. You get a limited right to use the service for your own business while the agreement lasts. You keep your logos, names and content, and you allow us to display them as your cards need. Each of us will keep the other’s non-public information confidential and use it only for this agreement, unless the law requires disclosure.

13.Changes to these terms

We may update these terms. For a material change we will give account owners at least 30 days’ notice by e-mail. If you do not agree, you may cancel before the change takes effect. If you keep using the service after that date, the new terms apply.

14.Governing law and courts

These terms are governed by the law of Malta, and the courts of Malta have exclusive jurisdiction, without limiting any mandatory rule of law that cannot be excluded by agreement. TODO(1namecard): this assumes the company seat is in Malta. Replace the governing law and courts if it is not.

Questions about these terms: privacy@1namecard.com.