Terms

Terms of use

Terms

These terms of use (“Terms”) are applying to the access and usage of the Leadcard-App (“App”) or the Leadcard-Website https://leadcard.app (“Website”, together “Service”) of the Leadcard UG (haftungsbeschränkt), Dorfstraße 31, 32479 Hille, Germany (in the following as “Leadcard” or “we/us”).

Please be sure to read these terms of use carefully. By downloading, accessing or using the App you agree on our terms of use. If you do not agree on these, please do not use our Services.

We can change or accommodate these terms of use at any time and in our own discretion. If this will be the case, we will notify you about such changes before you use our Services, for example by referencing to it in the App Store or in Google Play when releasing a new version of the App. If you do not object to the applicability of the new version of the General Terms and Conditions within four weeks, the new version of the GTC shall be deemed accepted by you.
If you object to the new version of the General Terms and Conditions in due time, the contractual relationship shall be continued under the previous General Terms and Conditions, but Leadcard may decide to terminate the free user agreement or the paid subscription with effect from the next possible regular termination date.

1. Leadcard-Service

Leadcard provides you a mobile communication-app, which (amongst other things) easily allows you to exchange business cards with other users.

You can create different profiles / business cards and collect business cards of other users by scanning their QR-Codes. Additionally you can also link to all your social media accounts in your business cards. You can also create a backup or csv file of your collected business cards. For more information about the services please visit our Website.

2.Costs

a) Private persons

Downloading and using the app isn’t followed by any costs. To finance the app we are authorized to execute in-app-purchases, advertisements, to install other paid services or to transfer so far free services into paid services.

b) Commercial users and companies

While downloading the app is currently free for commercial users, using it is not. Section 2.a) will remain unaffected. If the user wants to use the App for business purposes he has to buy the “Plus Membership” or the “Premium Membership”. Companies which need excess to multiple Plus/Premium Memberships for their employees (<10) can contact our support to receive a special discount. If this applies to you, please contact us on support@leadcard.app or by use of the contact form on our Website.

There is a difference between a free account, a paid subscription and a free trial. In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.

All Leadcard trademarks as well as our trade names, logos, domain names and other distinctive features of the Leadcard trademark are the sole property of Leadcard. The license does not give you any right to use the Leadcard trademarks, our trade names, logos, domain names or any other distinctive features of the Leadcard trademark, be it for commercial or non-commercial purposes.

If you do not use a paid service, Leadcard is allowed to show you promotional information on the Platform.

3. Contact options

We may send you emails to inform you about new products and further developments of the Service.

4. Executing an Agreement for a Paid Subscription

To be able to fully benefit from Leadcard’s services, additional service packages in the form of paid subscriptions (“Subscription Access”) are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.

Leadcard’s Subscription Accesses are ad-free, paid subscriptions that allow you to access additional content and features through our mobile application. We currently offer the following subscription / service package:

  • The Leadcard Plus service package includes ad-free access to the mobile application. In addition, it gives you the right to use our plus features: Private & 3 Business Profiles, Backup Function and Downloadable & Personalized Badge
  • The Leadcard Premium service package includes ad-free access to the mobile application. In addition, it gives you the right to use our premium features: Private & 3 Business Profiles, Backup Function, Downloadable & Personalized Badge, CSV export and Dark Mode.

You will have access to the respective services as long as your subscription is valid.

You can sign up for a paid subscription through an in-app purchase through our iOS or Android apps. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the third party appstore. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the third party appstore (not directly from Leadcard).

5. Trials/ Testing Phases

  1. Leadcard occasionally offers in particular to new users free Subscription Access for testing purposes for a certain period of time (“Trial”). Leadcard determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, Leadcard may discontinue or change such free Trial at any time without prior notice or notification.
  2. You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period.
  3. If, in a case of Section 5.2 , you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before the end of the Trial (for example, by simply going to the respective app store settings).

6. Cancellation Policy

If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a statutory withdrawal right when concluding a distance selling agreement, about which Leadcard provides information below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, i.e., Apple-App-Store, Google Play Store.

– BEGIN INSTRUCTIONS ON WITHDRAWAL –

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

Leadcard UG (haftungsbeschränkt)
Dorfstraße 31
32479 Hille
Germany
E-mail: support@leadcard.app

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

– END INSTRUCTIONS ON WITHDRAWAL –

According to the legal provision, Leadcard states the following about the sample cancellation form:

Sample Cancellation Form

(Please fill out this form and send it back if you wish to cancel the Agreement.)

– To:
Leadcard UG (haftungsbeschränkt)
Dorfstraße 31
32479 Hille
Germany
support@leadcard.app

– I hereby revoke the Agreement executed by me relating to the purchase of the following products (*)/the following service (*) provided
– Ordered on (*)/received on (*)
– Consumer name(s)
– Consumer address
– Consumer signature (only if notification is on paper)
– Date

(*) Cross out if it does not apply.

7. Reimbursement and Payment Methods, Compensation and Retention Rights

  1. When purchasing a subscription with the Leadcard iOS or Android apps, payment is made by Apple’s, Google’s in-app purchase process.
  2. As part of your Subscription Access, your payment obligation to Leadcard will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term.
  3. You are not entitled to offset any claims against claims of Leadcard, unless your counterclaims are finally determined with legal effect or undisputed. You are also entitled to offset against the claims of Leadcard, if you make complaints for defects or counterclaims based on the same agreement.
  4. You may only exercise your right of retention if your counterclaim results from the same agreement.

8. Term and Cancellation

  1. The free usage agreement starts from the time you start using the App. You may cancel the free usage agreement at any time. To this effect, you can delete the App.
  2. The paid subscription for the Subscription Access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:
    • A paid subscription completed in our iOS or Android apps can be canceled in your iTunes, Google Play settings.
  3. The Subscription Access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free user agreement (free account).
  4. The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.

9. User content and in-app behaviour

By sharing your personal informations, using our app, Leadcard UG (haftungsbeschränkt) receives a worldwide, non-exclusive, feeless, unlimited, non-revocable and sub-licensable right to use, reproduce, modify, adjust, edit, translate, publish and share this content and make it publicly accessible.

Due to the provided interactive functions of our Service, the users are able to create and transmit personal informations, including, but not limited on text, pictures and geo-locations. You must also be aware of the fact that every user can see and share your informations / business card through the internet or on other devices by using our provided function to create a backup or csv files.

You give your agreement on the following behaviour policy guidelines, which can be updated at any time. Inter alia, it’s forbidden to share:

  • illegal or unlawful content
  • content that contains personal data of third parties
  • informations or representations as well as giving access to such information or data that are promoting racial hate, terroristic organisations or other unlawful or unethical content. Even hints to such data or content (hyperlink) are forbidden
  • immoderately usage or other methods, which disturb, damage or inhibit the app’s service provision partly or completely
  • content, containing business secrets, violating rights of patent law, trademark law, copyright, the right of privacy and/or other intellectual copyrights or personal rights
  • viruses that contain damaged data or other malware or codes
  • content, containing malware or other damaging or destructive software such as (but not limited to) viruses, worms, trojans
  • Avoidance of security measures such as (but not limited to) hacking and bots.

The user declares by using the services, that:

  • He is 16 years or older
  • He will not use the services in any way
    • Neither to disturb, harm and/ or damage other users, nor to deactivate and overload other devices or hardware;
    • Neither to harass, intimidate and stalk other persons nor to threaten them in any other way;
    • To send unwanted or unauthorized advertising, spam, data streams or advertising material;
    • To access service and/or extract data by using a machine (robot, spider or crawler), technical tools and/ or automated tools;
    • To spy on anyone else or gain access to other computer systems (unauthorized);
    • To access other accounts without the owners permission;
    • To sell or offer in any other way products/ goods and/or services or rather offering the Leadcard-Services against payment.

Leadcard only provides a platform for sharing information. The users are solely responsible for the content they share on this platform. Also the users are solely responsible for the safety of their data, the data collected from other users, backups and created csv files. 

Additionally you agree on keeping the condition of third-party suppliers such as the terms of use of the App Store and/or Google Play. Furthermore you accept the fact that the availability of Leadcard is depending on their terms of use. Also you agree on further limitations in our terms of use that can rely on restrictions. The terms of third-party suppliers are superior, this means, that in the case of a conflict between our terms of use and the terms of use of third-party suppliers, their (third-party suppliers) terms are superior.

Leadcard is entitled to revoke the permission to access our services at any time, even without any prior announcement.

10. Leadcard-license

These terms of use regulate the usage of the Leadcard-App on Smartphones and other mobile or electronic devices of any kind.

Leadcard grants you a limited, non-exclusive, non-transferable and revocable right to use the app and it’s services for personal purposes. This also applies to all updates of Leadcard or other replacing and extending services. This is not the case if those updates and new provided services come with a separate, subsequent applicable easement.

Your right of using the app doesn’t cover the following services, unless we give you the permission:

  • Usage of the App on a device which owned by someone else;
  • Besides site-caching, you are not allowed to download any part of the services or containing informations;
  • You are not allowed to edit or create any works related to the services or even parts of them;
  • Reverse-engineering, decompiling or any other way of accessing the services;
  • Imitate the services or creating a comparable product or service;
  • You are only allowed to use the Services the designated purposes.

In case you are violating any of the conditions described above, we might revoke your access to our service. This also includes blocking your device. The enforcement of other rights, in particular damages, remains in existence.

11. Responsibility for content, data and/or information generated by users

You take full responsibility for every content and information that are created by you or your device.

We have to point out, that Leadcard cannot and will not accept the withdrawing of responsibility for the content, information and data which was shared by your device. Furthermore we cannot guarantee that the content which was shared and created in our App is true, accomplish or deal a purpose.

12. Intellectual Property Rights

Governed by the copyright and other ownerships within the german or foreign laws and international conventions are:

  • The design
  • Interactive functions
  • Texts, scripts, graphics
  • Brands, marks and logos and the concomitant rights of Leadcard

Leadcard reserves all rights that aren’t provided to you. Without our permission you are not allowed to use, reproduce or distribute content of Leadcard in a commercial way or promote such behaviour in any way.

13. Warranty

The services are provided as an available basis without any guarantees or warranty in any way.

Leadcard can’t guarantee that the services will always work secure, without any errors or delay, interruptions or are free of viruses.

To prevent viruses or malware the user is responsible to take all safety measures and to install the most recent updates with regard to the safety of his device.

You are responsible for all other warranty claims regarding loss, damage, obligations, costs or expenditures.

14. Limitation of Liability

In accordance with the provisions of the applicable product liability laws, Leadcard shall be liable to the User in the case of intent or gross negligence for injury to life, limb or health, if Leadcard assumes a guarantee, if any, and in other cases of mandatory statutory liability, in each case in accordance with applicable statutory provisions.

In case of violation of essential contractual obligations (cardinal obligations), Leadcard is (independent of the previous paragraph) liable for damage, limited on the contractually typical obligations, reasonable foreseeable when concluding the contract. Cardinal obligations are contractual duties which performance and proper implementation in the contract allow it to it to be valid, and on which compliance the contractual partner may rely on.

In all other cases, damage claims against Leadcard, regardless of their legal basis, are excluded. In particular, in the case of tort or breach of any pre-contractual duty or obligations arising out of the contractual relationship between Leadcard and the User, by Leadcard, its legal representatives, employees or assistants.

These limitations, in the case that the liability of Leadcard is ruled out or limited, also apply to the personal liability of Leadcard-employees, assistants or legal representatives.

This does not affect any statutory liability privileges, such as § 8-11 TMG (German Telemedia Act) or § 598 BGB (German Civil Code).

User’s claims for damages shall become statute barred upon expiry of the statutory limitation periods, as of the statutory onset of these periods.

15. Release from Liability

You agree upon compensate, defending, and holding Leadcard harmless from all liabilities, losses, damages, costs and expenses – which includes but is not limited on attorney’s fees – resulting in the liable:

  • Usage and access to Leadcard’s services;
  • Interaction with other users and / or a third party;
  • Sharing your personal information / business cards;
  • Violation of the previous terms;
  • Violation of the rights of third parties, including but not limited to the copyright, property right and data protections law;
  • Any statements, based on which informations third parties got harmed.

This defense and indemnity obligation remains intact even after you stop using our services.

16. Changes of the handling and features

Leadcard is allowed to improve, change, or discontinue temporarily or permanently features or the app’s operations, at our discretion.

You give your agreement on the fact that Leadcard is not liable upon changes or settings of features or the app’s operations.

17. Out-of-Court Dispute Resolution

For the out-of-court resolution of consumer disputes, the European Union has set up an Online Dispute Resolution (“OS Platform”) platform that can be accessed at http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online agreements. According to § 36 VSBG [Verbraucherstreitbeilegungsgesetz, Consumer Dispute Resolution Act], Leadcard points out that Leadcard is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

18. Assignment

We are allowed to transfer, subcontract or deal in any other ways with our rights and services (or parts of them), without your consent or prior notice.

19. Privacy

If you are interested in how personal data is collected or processed, you can find every information you need in our privacy policy.

20. Applicable Law, Collateral Agreements

Our terms of use subject to german law.

Any disputes between you and Leadcard UG (haftungsbeschränkt) about the terms of use exclusively obligate the jurisdiction of german courts.

In the event of individual provisions of this contract being or becoming ineffective, this shall not affect the validity of the contract as a whole. Instead of the invalid provision the corresponding german laws takes place.

Collateral Agreements require the written form, as well as the abstain from the written form.

21. Contact

You may contact us on Instagram (@leadcard.app) about questions and/or feedback. For complaints or claims referring to our services, please contact our Support (reachable through our website, app or support@leadcard.app).