Terms of Service for ScanCard
Table of Contents
- Welcome and Agreement
- Definitions
- Description of ScanCard
- Eligibility and Account Registration
- Grant of License and SaaS Access
- User Responsibilities and Lawful Contact Management
- AI OCR and Scanning Terms
- Digital Business Cards and QR Sharing
- Contact Management, Groups, and Storage
- Cloud Exports, CRM Integrations, and APIs
- Offline Access and Synchronization
- Subscription Tiers, Fees, and Payments
- Acceptable Use and Fair Usage Policy
- Enterprise Use and User Administration
- User Content and Ownership
- Data Protection and Privacy
- Security and Backups
- Third-Party Services
- Beta Features and Updates
- Intellectual Property Rights
- Feedback
- Confidentiality
- Representations and Warranties
- Disclaimers
- Limitation of Liability
- Indemnification
- Suspension and Termination
- Electronic Contracting
- Export Compliance
- Notices
- Dispute Resolution
- Governing Law
- Miscellaneous
- Contact Information
1. Welcome and Agreement
Welcome to ScanCard. These Terms of Service, together with any order form, subscription terms, data processing agreement, enterprise agreement, acceptable use policy, product documentation, and policies referenced herein (collectively, the “Agreement”), govern your access to and use of ScanCard, a product offered by Software Programming Group LLC (“SPG,” “Company,” “we,” “our,” or “us”).
ScanCard includes the ScanCard website, mobile application, web application, APIs, subscriptions, software, offline features, integrations, OCR functionality, digital business cards, CRM synchronization, export features, support services, and related documentation (collectively, the “Service,” “Solution,” or “ScanCard”).
By creating an account, clicking “I agree,” accessing, downloading, installing, registering for, subscribing to, or using ScanCard, you agree to be bound by this Agreement. If you access ScanCard on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and “you” and “Client” refer to that entity as well as the individual user where applicable.
If you do not agree to this Agreement, you must not access or use ScanCard. These Terms are an electronic contract and do not require physical or digital signatures to be effective.
The Company may update these Terms from time to time by posting updated terms at https://www.scancard.ai/terms-of-service or another location designated by the Company. Material changes will be communicated as required by law or contract. Continued use of ScanCard after an update becomes effective constitutes acceptance of the updated Terms.
2. Definitions
- “Account” means an account created to access ScanCard, including associated credentials, settings, plan details, users, administrators, integrations, and stored data.
- “AI OCR” means ScanCard’s optical character recognition and AI-assisted data extraction, field detection, classification, structuring, duplicate detection, and related automation features.
- “Applicable Law” means all laws, rules, regulations, orders, directives, and legal requirements applicable to a party’s activities under this Agreement, including data protection, privacy, consumer protection, anti-spam, intellectual property, export control, and business communication laws.
- “Business Card Data” means information contained on or derived from a business card, digital card, uploaded image, imported contact record, or manually entered contact, including names, titles, employers, addresses, emails, phone numbers, websites, social links, logos, photos, notes, tags, and metadata.
- “Client” or “Customer” means the individual, company, organization, or legal entity that subscribes to, accesses, or uses ScanCard.
- “Contact Data” means Business Card Data and any contact information scanned, uploaded, imported, edited, grouped, searched, synchronized, exported, shared, or stored through ScanCard.
- “Digital Business Card” means a digital profile, template, QR code, link, or shareable electronic card created, hosted, displayed, or managed through ScanCard.
- “Documentation” means user guides, product descriptions, support materials, developer documentation, API references, onboarding materials, and other documentation provided by the Company.
- “Enterprise Features” means advanced administrative, security, integration, user management, analytics, branding, API, or CRM synchronization features available only under enterprise plans or separate agreements.
- “Personal Data” means information relating to an identified or identifiable individual under Applicable Data Protection Law.
- “Subscription Term” means the period during which the Client is authorized to access and use ScanCard under an applicable subscription, order form, trial, or plan.
- “Third-Party Services” means third-party platforms, tools, APIs, CRMs, app stores, productivity suites, cloud storage providers, payment processors, analytics services, identity providers, or other external services used with or integrated into ScanCard.
- “User Content” means information, materials, images, contact records, business card scans, digital business card details, logos, text, files, notes, tags, and data submitted, uploaded, scanned, imported, transmitted, synchronized, exported, or stored by or on behalf of Client through ScanCard.
3. Description of ScanCard
ScanCard is an AI-powered business card management solution for professionals and organizations. The Service may include features for AI-powered OCR scanning, instant business card scanning, automatic contact information extraction, intelligent field detection, high-accuracy recognition workflows, professional digital business cards, multiple card templates, company logo customization, QR-code sharing, smart contact management, contact search, contact editing, secure contact storage, group creation, cloud export, Google Sheets export, Microsoft Excel/OneDrive export, CRM integration, API-based synchronization, enterprise CRM support, offline contact access, offline scanning, and automatic synchronization.
Feature availability may vary by subscription plan, device, operating system, region, account type, integration settings, enterprise configuration, and product release stage. The Company may modify, enhance, limit, suspend, or discontinue features as described in this Agreement.
4. Eligibility and Account Registration
4.1 Age and Authority
ScanCard is available only to users who are at least 18 years old or the age of majority in their jurisdiction and who are not prohibited from using the Service under applicable law. By using ScanCard, you represent and warrant that you meet these requirements.
4.2 Account Information
You must provide accurate, complete, and current information when creating or maintaining an Account. You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your Account, whether or not authorized by you. You must promptly notify the Company of any suspected unauthorized access or security incident involving your Account.
4.3 Organization Accounts
If your Account is created, managed, or paid for by an organization, that organization may control your access, manage users, view usage information, configure integrations, export or delete data, enforce policies, and access Contact Data or User Content associated with the organizational account, subject to applicable law and the organization’s agreement with the Company.
5. Grant of License and SaaS Access
Subject to this Agreement, payment of applicable fees, and compliance with Documentation, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use ScanCard during the applicable Subscription Term for your internal business purposes. You do not acquire ownership of ScanCard or any underlying software, technology, templates, models, APIs, workflows, documentation, or intellectual property.
ScanCard is provided as software as a service and may also include downloadable mobile applications or components. The Company may host the Service using cloud infrastructure and may update, patch, modify, or upgrade the Service from time to time. Your continued use of ScanCard after an update constitutes acceptance of that update.
You may not use ScanCard for purposes other than those expressly permitted by this Agreement, the Documentation, and Applicable Law.
6. User Responsibilities and Lawful Contact Management
You are responsible for all User Content and Contact Data that you scan, upload, import, edit, store, group, share, export, synchronize, or otherwise process through ScanCard. You represent and warrant that you have all rights, permissions, consents, notices, and lawful bases necessary to process Contact Data using ScanCard.
Business cards often contain personal information. Possession of a business card does not automatically authorize every form of processing, marketing, bulk outreach, resale, enrichment, profiling, or cross-border transfer. You are responsible for complying with privacy, data protection, anti-spam, telemarketing, consumer protection, professional conduct, and business communication laws that apply to your use of Contact Data.
- You must not scan, upload, or process information that you are not legally permitted to process.
- You must provide required notices and obtain required consents before using Contact Data for marketing, automated outreach, profiling, sharing, or synchronization with third-party systems.
- You must honor opt-out, deletion, correction, consent withdrawal, suppression, and communication preference requests that apply to contacts you manage through ScanCard.
- You must not use ScanCard to build unlawful contact databases, scrape data, spam individuals, misrepresent your identity, or contact individuals in violation of applicable law.
- You must review OCR-extracted data for accuracy before relying on it, exporting it, or using it to contact individuals.
7. AI OCR and Scanning Terms
7.1 AI OCR Functionality
ScanCard may use OCR and AI-assisted field detection to identify and extract contact information from business card images. AI OCR output may include recognized text, confidence values, field classifications, duplicate suggestions, structured contact fields, and related metadata.
7.2 Accuracy Limitations
AI OCR is inherently probabilistic and may produce errors, omissions, incorrect formatting, misplaced fields, incorrect associations, or duplicate records. Accuracy may vary based on image quality, lighting, card design, font, language, card damage, handwritten content, abbreviations, or other factors. The Company does not guarantee that scanned or extracted data will be accurate, complete, current, or suitable for any specific use.
7.3 User Review Required
You must independently review and verify all scanned, extracted, corrected, merged, exported, or synchronized information before relying on it. You are solely responsible for decisions, communications, exports, CRM updates, or business actions based on AI OCR output or Contact Data.
7.4 Image Capture and Permissions
You are responsible for obtaining all necessary rights and permissions to capture, upload, store, and process images of business cards or other materials. You must not scan documents that contain confidential, sensitive, regulated, or third-party information unless you are authorized to do so and ScanCard is appropriate for that use.
8. Digital Business Cards and QR Sharing
ScanCard may allow you to create professional Digital Business Cards using templates, company logo customization, QR codes, links, and shareable contact profiles. You are responsible for ensuring that all information in your Digital Business Card is accurate, lawful, not misleading, and does not infringe third-party rights.
When you share a Digital Business Card, QR code, contact link, or contact information, recipients may be able to view, save, copy, forward, or further distribute the information. The Company cannot control information after it is shared outside ScanCard or accessed by a recipient.
You must not create Digital Business Cards that impersonate others, misrepresent affiliation, include unauthorized trademarks or logos, contain deceptive information, or violate intellectual property, privacy, advertising, professional conduct, or other laws.
9. Contact Management, Groups, and Storage
ScanCard may allow you to create, edit, search, group, tag, organize, store, and manage Contact Data. You are responsible for data quality, lawfulness, retention, suppression, deletion, and access control decisions relating to your contact database. The Company does not verify the identity, consent status, accuracy, or communication preferences of individuals in your contact records unless expressly stated in a separate written agreement.
Contact groups, tags, notes, and labels may reveal preferences, event attendance, business relationships, or other contextual information. You must use grouping and notes responsibly and in compliance with Applicable Law.
10. Cloud Exports, CRM Integrations, and APIs
10.1 User-Directed Exports
ScanCard may provide export options to Google Sheets, Microsoft Excel, OneDrive, downloadable files, or other formats. When you export Contact Data, you are responsible for securing the exported file, controlling access, complying with retention policies, and ensuring the export is lawful.
10.2 CRM and Enterprise Integrations
ScanCard may provide CRM integration, API-based synchronization, contact synchronization, and enterprise CRM support. You authorize the Company to access, transmit, modify, create, update, and synchronize data between ScanCard and the connected system as necessary to provide the integration. Integration behavior may depend on mapping rules, API limits, permissions, sync settings, field conflicts, external system availability, and third-party terms.
10.3 API Use
If the Company provides API access, you must use APIs only in accordance with the Documentation, authentication requirements, rate limits, security guidelines, and this Agreement. You must keep API keys, tokens, client secrets, and credentials confidential. You may not use APIs to overload the Service, bypass fees, harvest data, reverse engineer the Service, create a competing product, or violate Applicable Law.
10.4 Third-Party System Limitations
Third-party systems may change, suspend, limit, or discontinue their APIs or features. The Company is not responsible for third-party outages, rate limits, permissions, data loss, changes, errors, security incidents, or failures that affect integrations.
11. Offline Access and Synchronization
ScanCard may allow offline contact access and offline business card scanning. Offline features may store information locally on your device until synchronization occurs. You are responsible for securing your device, enabling device-level protections, and understanding that local data may be exposed if your device is lost, compromised, or accessed by others.
Automatic synchronization may occur when connectivity resumes. Sync conflicts, duplicates, stale data, failed uploads, partial updates, or overwrites may occur due to offline edits, integration settings, API failures, or multiple users editing the same records. You are responsible for reviewing synchronization results and resolving conflicts.
12. Subscription Tiers, Fees, and Payments
ScanCard may be offered through free trials, free plans, paid subscriptions, enterprise contracts, usage-based plans, add-ons, or promotional offers. Features, limits, support levels, storage capacity, scan volume, export options, API access, CRM integration, branding, user seats, and enterprise controls may vary by plan.
- You agree to pay all fees, taxes, and charges associated with your plan, order form, or usage.
- Fees are non-cancelable and non-refundable except as expressly stated in this Agreement, an applicable order form, or required by law.
- The Company may suspend or terminate access for late payment, failed payment, chargebacks, or suspected payment fraud.
- The Company may change pricing or plans by providing notice as required by applicable law or contract. Changes may apply at renewal or as otherwise specified.
- Trial features may be limited, modified, or discontinued at any time. Unless cancelled before the end of a trial, a paid subscription may begin automatically if billing details were provided and applicable terms disclosed.
13. Acceptable Use and Fair Usage Policy
You agree not to misuse ScanCard. Without limiting other restrictions, you must not:
- Sell, sublicense, rent, lease, distribute, or commercially exploit ScanCard except as expressly permitted in writing.
- Reverse engineer, decompile, disassemble, copy, modify, translate, or create derivative works of the Service or its underlying technology.
- Access ScanCard to build, train, benchmark, or improve a competing product or service.
- Circumvent authentication, security controls, usage limits, rate limits, subscription restrictions, or billing mechanisms.
- Upload, transmit, or store malware, viruses, malicious code, unlawful content, defamatory content, infringing material, or content that violates privacy or publicity rights.
- Use ScanCard for spam, unsolicited mass outreach, unlawful marketing, illegal lead generation, harassment, phishing, fraud, impersonation, deceptive communications, or illegal data brokerage.
- Conduct penetration testing, vulnerability scanning, scraping, automated extraction, stress testing, or load testing without prior written consent.
- Interfere with, disrupt, overload, or degrade ScanCard or related networks, systems, APIs, or third-party services.
- Upload sensitive, regulated, confidential, or high-risk information unless your plan and written agreement expressly permit such processing.
- Use ScanCard in a manner that violates Applicable Law, third-party rights, third-party platform terms, or this Agreement.
The Company may monitor usage to maintain security, enforce this Agreement, detect abuse, optimize performance, and ensure fair usage. Excessive or abnormal usage may result in throttling, temporary limitation, suspension, additional fees, or a requirement to upgrade plans.
14. Enterprise Use and User Administration
Enterprise customers may be able to provision users, assign roles, configure access controls, enable shared repositories, enforce security settings, manage integrations, review audit logs, export data, disable accounts, and administer organization-wide policies. The enterprise customer is responsible for its users’ compliance with this Agreement and for maintaining appropriate internal policies governing Contact Data, privacy, retention, exports, and communications.
If you are an end user of an enterprise account, your organization may access, control, delete, transfer, or restrict data associated with your account. You should contact your organization for questions regarding its internal data practices.
15. User Content and Ownership
As between you and the Company, you retain ownership of your User Content, including Contact Data and business card images you upload, subject to the rights granted in this Agreement. You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, modify for formatting or technical purposes, synchronize, export, and otherwise use User Content as necessary to provide, secure, support, maintain, and improve ScanCard, comply with law, and enforce this Agreement.
You represent and warrant that you have all rights and permissions necessary to grant this license and to use User Content with ScanCard. The Company does not claim ownership of your Contact Data, but the Company retains ownership of ScanCard, its software, OCR technology, AI models, templates, designs, workflows, documentation, analytics, aggregated insights, and improvements.
16. Data Protection and Privacy
Use of ScanCard is subject to the ScanCard Privacy Policy and Cookie Policy. You must comply with all Applicable Data Protection Laws in connection with your use of ScanCard and Contact Data. You are responsible for providing required notices, obtaining required consents, honoring data subject rights, managing retention, maintaining suppression lists, and ensuring lawful exports, integrations, communications, and cross-border transfers.
Where required by Applicable Data Protection Law, the parties may enter into a data processing agreement. In the absence of a separate written agreement, you remain responsible for determining whether your use of ScanCard is lawful and appropriate for the data you process.
17. Security and Backups
The Company uses commercially reasonable efforts to secure ScanCard and protect User Content. However, no system is completely secure. You are responsible for configuring accounts securely, using strong passwords, protecting devices, managing administrator access, reviewing integrations, limiting exports, and promptly reporting security concerns.
The Company may perform backups for disaster recovery, continuity, and operational integrity. Backups are not a substitute for your own exports or retention obligations. You are responsible for maintaining independent copies of critical data, especially Contact Data exported to or required by your business systems.
18. Third-Party Services
ScanCard may interoperate with Third-Party Services such as Google Sheets, Microsoft Excel, OneDrive, CRM platforms, app stores, payment processors, analytics tools, hosting providers, email services, and identity providers. Your use of Third-Party Services is governed by their own terms and privacy policies. The Company is not responsible for third-party products, data practices, uptime, security, API limits, changes, fees, or failures.
You authorize the Company to exchange information with Third-Party Services when you enable integrations or request exports. You are responsible for ensuring that third-party permissions are appropriate and that integration settings comply with your obligations.
19. Beta Features and Updates
The Company may offer beta, preview, early access, experimental, or evaluation features. Beta Features are provided “as is,” may be incomplete, may contain errors, may change without notice, and may be discontinued at any time. You should not use Beta Features for mission-critical workflows or data that cannot tolerate errors, loss, or interruption.
The Company may provide updates, patches, upgrades, enhancements, or modifications to ScanCard at its discretion. Updates may add, modify, or remove features, improve security, address technical issues, or change functionality. The Company will make commercially reasonable efforts to avoid materially reducing core paid functionality during an active paid term, except where needed for security, legal, technical, or operational reasons.
20. Intellectual Property Rights
ScanCard and all related software, technology, AI models, OCR workflows, templates, designs, logos, interfaces, APIs, databases, documentation, and intellectual property are owned by the Company or its licensors. Except for the limited license expressly granted in this Agreement, no rights are transferred to you.
You may not remove copyright, trademark, proprietary notices, watermarks, attribution, or security features from ScanCard or related materials. You may not use the Company’s names, logos, trademarks, or branding without prior written consent, except as expressly permitted by brand guidelines or the Service.
You are responsible for ensuring that logos, trademarks, photographs, profile images, and content you upload for Digital Business Cards or contact records do not infringe third-party rights.
21. Feedback
If you provide suggestions, ideas, enhancement requests, comments, or feedback regarding ScanCard, you grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, commercialize, distribute, display, and create derivative works from such feedback without restriction, attribution, or compensation. Feedback is provided voluntarily and is not confidential unless expressly agreed in writing.
22. Confidentiality
Each party may receive non-public information from the other party that is designated as confidential or reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. The receiving party will use reasonable care to protect confidential information, will use it only for purposes consistent with this Agreement, and will disclose it only to personnel, contractors, advisors, or service providers who need to know and are bound by appropriate confidentiality obligations.
Confidentiality obligations do not apply to information that is or becomes public without breach, was known without restriction before disclosure, is received from a third party without breach, is independently developed without use of confidential information, or must be disclosed by law. These obligations survive termination for five years, and for trade secrets, for as long as the information remains a trade secret under applicable law.
23. Representations and Warranties
Each party represents that it has the legal authority to enter into this Agreement. You further represent and warrant that:
- Your use of ScanCard and User Content will comply with Applicable Law and this Agreement.
- You have all rights, permissions, consents, notices, and lawful bases necessary to scan, upload, process, store, share, export, and synchronize User Content and Contact Data.
- Your Digital Business Cards and shared contact information will be accurate, lawful, and not misleading.
- You will not use ScanCard for unlawful marketing, spam, fraud, impersonation, data theft, unauthorized profiling, or other prohibited purposes.
- You will review AI OCR output before relying on it or using it to communicate with individuals.
24. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCANCARD IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.
THE COMPANY DOES NOT WARRANT THAT SCANCARD WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. THE COMPANY DOES NOT WARRANT THAT OCR RESULTS, FIELD DETECTION, CONTACT EXTRACTION, DUPLICATE DETECTION, QR SHARING, EXPORTS, CRM SYNCHRONIZATION, OFFLINE SYNC, OR THIRD-PARTY INTEGRATIONS WILL BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR YOUR BUSINESS NEEDS.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON SCANNED, EXTRACTED, EXPORTED, SYNCHRONIZED, SHARED, OR AI-PROCESSED INFORMATION IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR REVIEWING CONTACT DATA AND COMPLYING WITH ALL LAWS THAT APPLY TO YOUR USE OF CONTACT INFORMATION.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES ARISING FROM: OCR ERRORS; INCORRECT CONTACT EXTRACTION; FAILED EXPORTS; DUPLICATE OR MISSING CONTACTS; CRM SYNC ERRORS; OFFLINE SYNC CONFLICTS; UNAUTHORIZED SHARING BY RECIPIENTS; THIRD-PARTY SERVICE FAILURES; CUSTOMER MISUSE OF CONTACT DATA; UNLAWFUL MARKETING; FAILURE TO OBTAIN CONSENTS; DEVICE LOSS; API LIMITS; OR CONTENT PROVIDED BY USERS OR THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SCANCARD WILL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO THE COMPANY FOR SCANCARD DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS (US $100) IF NO FEES WERE PAID.
Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, the limitations above apply only to the maximum extent permitted by law.
26. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, contractors, agents, partners, suppliers, and licensors from and against any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use or misuse of ScanCard.
- Your User Content, Contact Data, Digital Business Cards, QR sharing, exports, integrations, or communications.
- Your violation of this Agreement or Applicable Law.
- Your violation of privacy, data protection, intellectual property, publicity, consumer protection, anti-spam, telemarketing, or other rights of any person.
- Your failure to obtain required notices, consents, permissions, or lawful bases for processing Contact Data.
- Your CRM synchronization, API use, exports, or disclosure of Contact Data to third parties.
- Disputes between you and your users, contacts, customers, employees, contractors, or third-party service providers.
27. Suspension and Termination
27.1 Suspension
The Company may suspend access to all or part of ScanCard immediately if it reasonably believes that: your use poses a security, legal, privacy, operational, or reputational risk; you have violated this Agreement; payment is overdue; your account is compromised; your usage indicates abuse, fraud, spam, or unlawful activity; suspension is required by law or third-party provider; or suspension is necessary to protect the Service, users, contacts, or the public.
27.2 Termination by You
You may stop using ScanCard or request account closure as described in your account settings or by contacting support. Termination does not relieve you of payment obligations incurred before termination and does not automatically delete data exported or synchronized to Third-Party Services.
27.3 Termination by Company
The Company may terminate this Agreement or your access to ScanCard for cause if you materially breach this Agreement and fail to cure where cure is permitted, fail to pay fees, violate law, misuse the Service, create security risks, infringe intellectual property rights, or use ScanCard in a manner that may harm the Company, users, contacts, third parties, or the Service.
27.4 Effects of Termination
Upon termination, your right to use ScanCard ends. You may lose access to your Account, User Content, Contact Data, integrations, exports, digital business cards, QR links, and related features. The Company may delete or retain data in accordance with the Privacy Policy, data processing agreement, legal obligations, backup cycles, and applicable plan terms. Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.
28. Electronic Contracting
Your use of ScanCard may include the ability to enter into agreements, accept policies, authorize integrations, purchase subscriptions, submit requests, and make transactions electronically. You acknowledge that your electronic actions constitute your agreement and intent to be bound by such records and transactions. You are responsible for maintaining hardware, software, internet access, and copies of electronic records as needed.
29. Export Compliance
ScanCard and related technology may be subject to US and international export control and sanctions laws. You agree not to access, export, re-export, transfer, or use ScanCard in violation of such laws. You represent that you are not located in a sanctioned jurisdiction, are not on any restricted party list, and will not use ScanCard for prohibited end uses, including development of weapons or other restricted activities.
30. Notices
The Company may provide notices by email, in-product messages, website postings, account notifications, mail, or other legally permitted methods. Notices to you may be sent to the email address associated with your Account. You are responsible for keeping contact information current.
Legal notices to the Company should be sent to:
Software Programming Group LLC
295 Durham Avenue, Suite D
South Plainfield, NJ 07080
United States
Privacy Email: privacy@spg.com
Support Email: support@scancard.ai
Website: https://www.scancard.ai
31. Dispute Resolution
31.1 Informal Resolution
Before initiating formal proceedings, the parties will attempt to resolve disputes informally. You may submit disputes in writing to support@scancard.ai. The Company will use commercially reasonable efforts to acknowledge the dispute, investigate, and provide a written response.
31.2 Mediation and Arbitration
If a dispute cannot be resolved informally, the parties will first attempt confidential mediation with a mutually agreed mediator. If mediation fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association or another mutually agreed arbitration provider. Arbitration will be conducted in English in New Brunswick, New Jersey, unless the parties agree otherwise or applicable law requires another forum.
31.3 Class Action Waiver
To the maximum extent permitted by law, disputes will be resolved only on an individual basis and not as a class, consolidated, collective, private attorney general, or representative action. The arbitrator may award relief only for the individual party seeking relief.
31.4 Injunctive Relief and Small Claims
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, security, or unauthorized use of the Service. Either party may also bring an individual claim in small claims court if the claim qualifies.
32. Governing Law
This Agreement and any dispute arising out of or relating to this Agreement or ScanCard will be governed by the laws of the State of New Jersey, without regard to conflict of law principles, except where applicable law requires otherwise. Subject to the dispute resolution provisions above, the parties consent to the personal and exclusive jurisdiction of the state and federal courts located in or serving New Brunswick, New Jersey.
33. Miscellaneous
This Agreement constitutes the entire agreement between you and the Company regarding ScanCard and supersedes prior or contemporaneous agreements on the same subject, except for any signed order form, enterprise agreement, data processing agreement, or addendum that expressly modifies these Terms. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. The Company may assign this Agreement in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law. You may not assign this Agreement without prior written consent. No waiver is effective unless in writing. Headings are for convenience only.
34. Contact Information
For questions regarding these Terms, contact:
Software Programming Group LLC
295 Durham Avenue, Suite D
South Plainfield, NJ 07080
United States
Privacy Email: info@spgamerica.com
Website: https://www.scancard.ai
