Last Updated Date: December 28, 2022
Effective Date: December 28, 2022
Welcome to use CamCard, which is provided by INTSIG Information Co., Ltd. (hereinafter referred to as "we"). The following terms and conditions (hereinafter referred to as this "Agreement") constitute a valid, legally binding agreement made between you and us. This Agreement stipulates your legal rights and responsibilities when you use our websites and applications(collectively, "Our Services"), so please review this Agreement carefully before you use Our Services.
YOU MAY USE OUR SERVICES ONLY IF YOU AGREE TO FORM THIS BINDING AGREEMENT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE APPLICABLE JURISDICTION. IN ANY CASE, YOU MUST BE AT LEAST 16 YEARS OLD TO USE THE SERVICES. IF YOU ARE BETWEEN THE AGES OF 16 AND 18 (OR THE RELEVANT AGE IN YOUR JURISDICTION WHERE YOU ARE CONSIDERED A MINOR), YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS AND CONDITIONS (BOTH FOR THEMSELVES AND ON YOUR BEHALF) BEFORE YOU CAN USE CAMCARD.
1.Your Account
Certain features of CamCard you use may need you to create an account. When you create your account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account and password confidential and that you do not disclose or share it to any third party. You may not share your account and password in any way or with anyone. You shall be fully responsible for all actions under your account, and any information uploaded, produced, shared or any actions taken through your account shall be considered as your own actions.
2.Use Our Services
Subject to the terms and conditions of this Agreement, we grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Our Services, for so long as you are not barred from receiving Our Services under the laws applicable to you, until you delete your account voluntarily or until we delete your account pursuant to this Agreement.
You are prohibited from and may not attempt to use Our Service for any illegal purpose or in violation of any local, state, national, or international law.
You may not subcontract any of your obligations under this Agreement, or subcontract, transfer, assign, or sub-license any of your rights under this Agreement.
You hereby represent, warrant, and undertake to us that:
(a) you possess any and all necessary rights and authorizations to enter into this Agreement, and that the conclusion and performance of this Agreement does not violate any agreement signed by and between you and a third party, or infringe upon any third-party rights, nor violate any applicable laws and regulations.
(b) your use of Our Services will not: (i) violate any applicable laws, regulations, policies, common industry practices, or pertinent provisions, guidelines or common practices in the relevant jurisdictions; and (ii) infringe upon ours or any third party's legal rights (including but not limited to the right of privacy, intellectual property rights, right of reputation, right of portrait, and trade secrets).
If you breach any of the representations, warranties, covenants, or undertakings in this Agreement, we may, (upon our reasonable judgment at our sole discretion, and without prejudice to any other of its rights or remedies in this Agreement or those provided by law) do any or all of the following: (i) stop providing relevant services to you; (ii) suspend the performance of its obligations under this Agreement, and/or (iii) suspend or terminate this Agreement. You shall be liable for any and all losses incurred therefrom upon you.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, Our Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of Our Services or any portion thereof.
3.Your Content
Certain features of CamCard you use may need you to upload content to complete your business cards, including images, files and documents ("Your Content"). You hereby grant us a royalty free, transferable, sub-licensable, worldwide and irrevocable license to process Your Content as your requirement.
You shall be lawful owners of and/or lawfully entitled to use and process Your Content and you retain any copyright and other proprietary rights that you may hold in Your Content that you upload.
You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Your Content or restrict access to Our Services if any of your Content is found to be in violation of this Agreement.
4.Fees
We offer both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency We quoted at the time of purchase. We reserve the right to change the eligible currencies at any time, except where not permitted by applicable law.
We reserve the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration.
5.Intellectual Property Rights
We are the lawful owners of and/or lawfully entitled to use any and all the intellectual property rights (including but not limited to trademarks, copyrights and patents) to our brand and our Software (collectively, "Our Content"). You may use Our Content and/or our intellectual properties, only if you have obtained prior express written consent from us. Without prior express written consent from us, you may not, and shall not assist any third party to: (a) use, reproduce, publish, release, copy, modify, forward, translate, spread, or distribute any Our Content or any part thereof; or (b) lease, lend, sell, sub-license, transfer, or otherwise dispose of any Our Content or any part thereof, or any of your rights relating to Our Content.
You may not, and shall not assist or encourage any third party to, reproduce, reverse engineer, decompile, disassemble, or create any derivative works from our Software, unless otherwise expressly approved by us in writing.
This Agreement does not transfer any intellectual property rights nor give either Party the rights in the intellectual property of the other Party unless otherwise stated in written.
6.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF OUR SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
7.DISCLAIMER
WE DO NOT PROVIDE ANY EXPLICIT OR IMPLICIT REPRESENTATIONS OR WARRANTIES IN RESPECT OF OUR SERVICE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT OUR SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND IS SUBJECT TO CHANGE WITHOUT NOTICE, AND YOU SHALL ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE CONTENT AND/OR INFORMATION DOWNLOADED, OBTAINED, OR ACCESSED VIA OUR SERVICE, AS WELL AS THE RISKS OF DEVICE/DATA DAMAGE AND CONTENT LOSS DUE TO THE USE OF OUR SERVICE OR ANY THIRD-PARTY SERVICES.
8.Privacy
In order to provide you with Our Services, we will collect and process your personal data in accordance with the Privacy Policy. Please read the Privacy Policy carefully.
9.Suspension and Termination
This Agreement will apply to your use of Our Service until your access to Our Service is terminated by either you or us. You can stop using our services at any time and you can terminate this Agreement by deleting your account.
We may suspend or terminate your access to Our Services:
(a) if we undertake maintenance or support of Our Services;
(b) to make changes to Our Service as notified by us to you;
(c) if we reasonably believe that you have breached this Agreement;
(d) if your use of Our Service creates risk for us or for other users of Our Service, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; and
(e) if such suspension or termination is required due to applicable laws.
If we suspend your access to any or all of Our Service then, to the extent permitted by applicable laws and regulations in your jurisdiction, you remain responsible for all fees accrued through the date of suspension (if any,including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date).
If your access to Our Service is terminated (in whole or in part) by you or us, you agree that:
(a) all of your rights under this Agreement will terminate;
(b) you remain responsible for all fees accrued through the date of termination (if any, including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date).
10.Force Majeure
Neither Party shall be deemed to be in breach of this Agreement upon the occurrence of a Force Majeure Event which affects its ability to perform any of this Agreement. Notwithstanding this, the affected Party shall notify the other Party of the Force Majeure Event without undue delay and use its best commercial efforts to mitigate and remedy the negative effects thereof. For the purposes of this Agreement, a "Force Majeure Event" means (1) acts of God, lightning strikes, earthquakes, floods, droughts, storms, blizzards, snowstorms, mudslides, water erosion, explosions, fires, epidemics and other natural disasters; (2) act of government, act of war, act of public enemy, terrorist activities, riots, commotions, and strikes, excluding labor disputes.
11.Changes to This Agreement
We may make changes to this Agreement (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Our Service or applicable laws and regulations (for example, to reflect applicable consumer rights), so please come back and review this Agreement regularly.
If we change this Agreement, we will (where reasonably practicable) notify you (on this page or the relevant page for the relevant additional terms, by direct communication to you, or other means), prior to such changes becoming effective so that you can review it. You are free to decide whether to accept the updated terms or to stop using Our Services. Your continued use of Our Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the revised Agreement.
12.Governing Law and Dispute Resolution
If your country has laws that require agreements to be governed by the local laws of the consumer's country, this Agreement is governed by the applicable laws and regulations of your country's jurisdiction mandate.
For example:
(a) If you are a user in the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts of California, for all disputes arising out of or relating to these Terms that are heard in court (excluding arbitration).
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
(b) If you reside in the European Union and are a "consumer" as defined under the EU Directive 83/2011/EU, any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with this Agreement will be referred to and finally resolved by the court of your place of residence or domicile. You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr .
(c) If you are a user in Australia, Nothing in this Agreement is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into this Agreement or provides statutory guarantees in connection with this Agreement, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of goods, us doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.
Otherwise this Agreement and any dispute or claim arising out of or in connection with this Agreement will be governed by the law of the place where we are based; and any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Agreement, including their existence, validity, interpretation, performance, breach or termination, will be litigated in the courts of the place where we are based.
13.Notice
We may send notices to you on matters under this Agreement via page announcements. on material matters, we may do so via the e-mail address or phone number you provided to us when you created your account, this is why you must ensure that your information is accurate, complete and up-to-date.
14. Miscellaneous
This Agreement constitutes the entire legal agreement between you and us and governs your use of Our Services and completely supersedes any prior agreements between you and us in relation to Our Services.
If any court of law having the jurisdiction to decide on this matter rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid, legally binding and enforceable upon you and us to the maximum extent permitted by applicable laws.
Unless stated otherwise in this Agreement, neither Party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
The titles in this Agreement are for the sake of convenience only, and do not have any legal and agreement effect.
15. Contact Us
If you have any questions or concerns about this Agreement or if you want to exercise your rights, please contact us via email at support@intsig.com.