Welcome to Cardaap,
Please read these Terms carefully. By using Cardaap or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Cardaap (“Cardaap” or the “Service”) is an e-Business card service offered through the Application named Cardaap (we’ll refer to it as the “App”) that allows you to create, send, and manage e-Business cards (each template you create is called a “Business card”) to individual recipients. Cardaap is owned and operated by The group, Cardaap, a Private limited limited company, registered in India (“Cardaap,” “we,” or “us”). Cardaap has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use Cardaap, you must:
1. be at least eighteen (18) years old and able to enter into contracts
2. complete the registration process
3. agree to the Terms
4. provide true, complete, and up to date contact information
The Term begins when you sign up for Cardaap and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Cardaap on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Cardaap may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. In case of paid users, if we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused period. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your e-business cards from our Server. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the data base in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
7. Proprietary Rights Owned by Us
You will respect our proprietary rights in the App and the software used to provide Cardaap (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
8. Proprietary Rights Owned by You
10. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your App and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, We study data internally to make our e-Business card Project smarter and create better experiences for senders and subscribers.
RULES AND ABUSE
11. General Rules
You promise to follow these rules:
1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
2. You won’t use purchased, rented, or third-party lists of user addresses.
3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
4. If you use our API, you’ll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
12. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Cardaap user, please report it to our abuse team. (The best way to tell whether an e-Business card was sent through Cardaap is that every Cardaap campaign has an embedded Campaign Tracking ID in the header that Card it easy to report suspected spam.) If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy
13. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Cardaap Cards. We provide image and data hosting only for your ebusiness card campaigns, so you may not host images on our servers for anything else (like a website or other app). We may throttle your sending or connection through our API at our discretion.
14. Compliance with Laws
You represent and warrant that your use of Cardaap will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your e-Business card distribution list, sending Emails via Cardaap, and collecting information as a result of sending business cards, you:
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of business card through Cardaap.
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Cardaap to receive and process business cards and send communications to that individual on your behalf.
4. Agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties.
5. Have signed our Data Processing Agreement.
15. Indian Export Controls
The software that supports the Services (the “Software”) is subject to Indian export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of Indian export laws. You’re downloading and using the Software at your own risk.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the App and the Services, including any downloads from the App. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the App and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Cardaap for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
20. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia 30308.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
23. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
27. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
28. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
29. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
30. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your E- business card distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, F-210, Ladosarai, New delhi, 110030, or any addresses as we may later post on the Website.
32. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Cardaap’s policies.