Terms and Conditions

Terms & Conditions

1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We may amend these Terms, remove features or functionality of the Platform or your Membership at any time;
• Your Membership has a term which is set out on the dashboard. You may cancel your Membership at any time but any such cancellation will only take effect at the expiry of your Membership term;
• Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
• We will handle your personal information in accordance with our privacy policy;
• To the maximum extent permitted by law, the Fees and Product Fees are non-refundable;
• Our liability under these Terms is limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the Fees or Product Fees paid by you to us during the term of your Membership, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data; and
• We may terminate a Membership immediately to correct a system issue, e.g., account duplication, or if you are found to be misusing the Platform.

Nothing in these terms limit your rights under South African Consumer Protection Act.

2. Introduction

2.1. These terms and conditions (Terms) are entered into between XS Card (we, us or our) and you, together the Parties and each a Party.

2.2. We provide a cloud-based, software as a service platform where individuals and businesses can manage and share their digital business cards through QR codes and receive and manage contact information (Platform) and physical NFC cards (Products).

2.3. In these Terms, you means the person or entity registered with us as an Accountholder or where you do not have an Account, the person or entity using the Platform.

2.4. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity's personnel to these Terms.

3. Acceptance and Platform License

3.1. You accept these Terms by registering on the Platform and/or using the Platform.

3.2. You must be at least 18 years old to use the Platform.

3.3. We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Membership in accordance with the "Cancellation of Memberships" clause.

3.4. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

3.5. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

3.6. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

• anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
• tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
• using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
• facilitating or assisting a third party to do any of the above acts.

4. XS Card Services

4.1. In consideration for your payment of the Fees, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account. These services will be provided in accordance with the Consumer Protection Act of South Africa and other applicable laws.

4.2. We agree to use our best endeavors to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.

4.3. Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the contact form or via email to support@xscard.co.za. We will endeavor to respond to any support requests in a reasonable period.

4.4. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

4.5. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

4.6. Where your account is linked to a business membership, you acknowledge and agree that your employer, the business entity and third parties may access your data, analytics or other details related to your use of the Platform.

4.7. To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.

5. Our Intellectual Property

5.1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.

5.2. We authorize you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to devices that are controlled or approved by you.

5.3. You must not, directly or indirectly:

• enable any person or entity other than authorized users to access and use the Platform or Products;
• attempt to gain unauthorized access to any Platform or its related systems or networks;
• use or access our Intellectual Property except in accordance with these Terms;
• modify, copy or create any derivative work based upon our Platform or Products or any portion, feature or function of our Platform or Products;
• reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, the Platform or Products or access or use the Platform or Products in order to:
  • copy ideas, features, functions or graphics,
  • develop competing products or services, or
  • perform competitive analyses;
• remove, obscure or alter any proprietary notice related to the Platform or Products;
• send or store malicious code;
• use or permit others to use the Platform or Products in violation of applicable law;
• use or permit others to use the Platform or Products other than as described in these Terms.

6. Your Data

6.1. You own all data, information or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).

6.2. You grant us an unlimited, worldwide, perpetual, royalty-free and assignable license to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:

• communicate with you (including to send you information we believe may be of interest to you);
• supply the Platform to you and otherwise perform our obligations under these Terms;
• diagnose problems with the Platform;
• enhance and otherwise modify the Platform;
• perform Analytics;
• develop other services, provided we de-identify Your Data; and
• as reasonably required to perform our obligations under these Terms.

6.3. You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:

• you are either the sole and exclusive owner of Your Data or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
• neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6.4. You acknowledge and agree that we may monitor, analyze and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymized format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.

6.5. We do not endorse or approve, and are not responsible for, any of Your Data.

6.6. You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.

6.7. This clause will survive the termination or expiry of your Membership.

7. Warranties

7.1. You represent, warrant and agree that:

• you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
• there are no legal restrictions preventing you from entering into these Terms;
• all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
• you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

8. South African Consumer Protection Law

8.1. Certain legislation, including the Consumer Protection Act 68 of 2008 (CPA), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees, and remedies relating to the provision of the Platform by us to you, which cannot be excluded, restricted, or modified (Consumer Law Rights).

8.2. If the CPA applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights under the CPA. You agree that our liability for the Platform provided to an entity defined as a consumer under the CPA is governed solely by the CPA and these Terms.

8.3. Subject to your Consumer Law Rights, and to the extent permitted by law, we exclude all express and implied warranties, and all material, work, and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law, or on any other basis.

8.4. This clause will survive the termination or expiry of your Membership.

9. Liability

9.1. Despite anything to the contrary, to the maximum extent permitted by law:

• you agree to indemnify us for any liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
• neither Party will be liable for Consequential Loss;
• each Party's liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party;
• our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the Fees and Product Fees paid by you to us during the term of your Membership.

9.2. This clause will survive the termination or expiry of your Membership.

10. Termination

10.1. You may cancel your Membership at any time by notifying us via email at support@xscard.co.za or via the Platform. Your cancellation will take effect at the end of your Membership term.

10.2. Our auto-renewable in-app purchase subscriptions can only be cancelled using the App Store or Google Play cancellation services.

10.3. A Membership will terminate immediately upon written notice if:

• there is a breach of a material term of these Terms and that breach has not been remedied within 10 Business Days;
• the Defaulting Party is unable to pay its debts as they fall due;
• we need to correct a system issue, e.g., account duplication;
• you are found to be misusing the Platform.

11. Notice Regarding Apple

11.1. For iOS users, you acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

11.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

11.3. Apple will have no warranty obligation whatsoever with respect to the mobile application, except for refunding the purchase price in case of application failure.

12. Governing Law

12.1. These Terms are governed by the laws of the Republic of South Africa.

12.2. Each Party irrevocably submits to the exclusive jurisdiction of the courts of South Africa.

13. Privacy

13.1. We are committed to protecting your privacy. Our collection and use of personal data are governed by the Protection of Personal Information Act, 2013 (POPIA).

13.2. For more information on how we collect, use, and protect your personal information, please refer to our Privacy Policy available on our website.

14. Changes to Terms

14.1. We may, at our discretion, amend these Terms from time to time.

14.2. Any changes will be effective upon posting the updated Terms on our Platform.

14.3. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

15. Notices

15.1. Any notice given under these Terms must be in writing and addressed to the relevant Party at their registered address or principal place of business.

15.2. Notices may be sent by hand, registered post, or email, and will be deemed to have been received:

• if delivered by hand, on the date of delivery;
• if sent by registered post, within 5 Business Days of posting;
• if sent by email, at the time of transmission, provided no delivery failure notification is received.

16. Severability

16.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be deemed modified to the extent necessary to make it enforceable.

16.2. If such modification is not possible, the provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

17.1. These Terms constitute the entire agreement between the Parties regarding the subject matter and supersede all prior agreements, understandings, and communications, whether written or oral.

Contacting us

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to our Platform and your use of it, you may send an email to support@xscard.co.za

These terms were last updated on February 21, 2025.