Supercards, (“Supercards,” “we,” “us,” “our”) provides its services to you through its website:  https://supercards.me (the “Site”) and through its mobile application and related services (Collectively, such devices, including any new features and applications, and the site “Service”), Subject to the following Terms of Service.

Please read this service agreement setting out the terms of service carefully as it details important information about your right and obligations, specific restriction and limitations, and exclusions to our liability. It is intended to be a legally binding agreement. Then, by proceeding to download and install the application directly or through any servant and agent: (a) You agree with the terms of service and execute this agreement. (b) You acknowledge this as a legal bind agreement. (c) You acknowledge that you have read all the terms of service. (d) You agree to be bound by all terms and conditions, and if you are an employee or agent, to bind your employer or principal.

In addition, when using particular services, you will be subject to any additional terms applicable to such services that may be posted on the service from time to time, including, without limitation, the privacy policy located at SuperCards – Privacy Policy. References at this moment incorporate all such terms into these terms of services.

Table of content:

  • Scope
  • Right to use
  • Permitted by other users
  • Acceptable use
  • Account Access Limit
  • Support
  • Non-compliance
  • Modifications to the system & update
  • SDK
  • Fees
  • Third-party interactions
  • Intellectual property rights
  • Customer/permitted-user requirements and conduct
  • Service data
  • Anonymous data
  • Service usage data
  • Confidentiality
  • Privacy
  • Warranty & disclaimer
    • Limited Warranty
    • Warranty Disclaimer
  • Indemnify
    • Supercards indemnify
    • IP claim
    • Customer indemnifies
  • Liability
  • Term, renewal & termination
    • Term
    • Termination for convenience
    • Suspension
  • Miscellaneous provision
    • force majeure
    • Notices
    • Survival
    • Waiver
    • Entire agreement
    • Severability
    • Governing law & jurisdiction

SCOPE:

This agreement governs supercards’s provision to customers of such supercards saas and such other services selected and ordered (“supercards Services”) by the customer on the supercards website (“Website”). The other parties agree that this notice will extend to and govern all orders placed on supercards by the customers. Customers understand that any software functionality, including that enabled by supercards’s proprietary software, supercards, made available to customers under this agreement shall be provided as part of supercards software shall be supplied by supercards.

RIGHT TO USE:

Supercards, at this moment, grants to the users, effective as of the date this agreement notice is executed 15/02/2023 (“Service Commencement Date”), a worldwide, non-exclusive, non-transferable, and limited rights and license to receive, access, and use of the supercards services, through customer’s internet connection or own telecommunications line, for customer’s internal business purposes, in return for customer’s strict compliance with the terms of this agreement. While supercards shall employ its reasonable efforts to safeguard any Service Data uploaded by the customer and users to the supercards system, used by supercards as part of its provision of the supercards service, Customer acknowledges that its authorized Users shall be the only ones responsible for making backup copies any all such service data. The customer understands and agrees that the agreed fees are precisely predicated on this allocated risk and that, consequently, supercards shall have no liability to the customer, its professionals, or agents for any loss of or damage to such services. supercards may collect cookies while providing supercards services to customers and users. Its collection and usage shall be governed by the policy set out in supercards’s then-prevailing cookie policy. (Please add a link to the cookie policy page)

PERMITTED BY OTHER USERS:

Supercards hereby authorizes the customer to permit the customer’s affiliates, colleagues, and agents to receive, access, and use supercards services for the agreed purposes on condition that (a) The user shall buy the comply of permitted users with the terms of this notice and (b) The user shall remain responsible for any misuse of the supercards services and breach of the terms of this notice by permitted users in connection with their use of the supercards services or in connection with this agreement, specifically including any applicable security, or privacy laws or regulations and acceptable use (read the below-mentioned use).

ACCEPTABLE USE:

The use of any of the supercards services by customers is permitted, provided that they strictly comply with the following restrictions, which will under no circumstances offer to the customer:

(a) Transmit content that violates the privacy, intellectual property, or other proprietary rights of supercards or any other party;

(b) Recklessly transmit viruses, worms, malicious code, or other harmful or destructive content;

(c) Breach any terms of this agreement or any applicable law;

(d) Attempt to probe, scan, test, redesign, or violate the security features of supercards Services or any associated system or network or to gain unauthorized access to any materials or other information stored thereon;

(e) Attempt to sell, resell, transfer, assign, license, sublicense, distribute, timeshare, share, or otherwise commercially exploit or make the supercards services available to and for the benefit of any third-party, other than allow user;

(f) Attempt to misuse or interfere with or disrupt the integrity or provision of the supercards services or the data contained therein;

(g) Remove or delete any copyright trademark or other proprietary notices from the supercards service;

(h) Use meta tags, meta titles, hidden texts, and metadata with supercards’s trademark, logo, URL, or product name without supercards’s prior written consent;

(i) Use supercards’s user information to forge use any part of the header information in an email or newsgroup post, or otherwise use the supercards services to transmit modified source-identifying information;

(j) Share with any third party the login credentials used to access and use the supercards services;

(k) Attempt to intervene or interfere with the provision or use of the supercards services, directly or indirectly, in any other way not expressly stated above.

ACCOUNT ACCESS LIMIT:

To enable receipt, access, and use of the supercards services, customers are allowed use shall register for and maintain an active supercards account. It is a condition of receipt, access, and use of and to the supercards services that each allowed user must be at least 18 years of age (Minors are strictly prohibited). supercards shall not be liable in any way for any breach of the preceding; the user is responsible for all activities arising from a customer or authorized user account and for any use not by good service.

SUPPORT SERVICE:

By creating an account on supercards, users consent to supercards sending users and permitted customers to email communications necessary to affect the terms of this agreement. Customers and authorized users may opt out of receiving this communication at any time by clicking the unsubscribe button located on any email communication from supercards. Customers need to realize that opting out of such communication may impact the quality and beneficial use of the supercards services. Being a part of its provision of the supercards services, supercards shall be available to users and permitted customers reasonable and required support and details/information in connection with the same, which data might be provided via phone, email, or other fair means, by all the instructions to be shared by supercards with customers and each permitted user.

NON-COMPLIANCE:

Customers and any other permitted users become aware of any non-compliance with the terms of this agreement, including without limitations any acceptable use, user’s account maintenance, and applicable security, probity, or privacy requirements; customers and permitted users shall be notified supercards without any delay, by sending an email to the support team summarizing any such non-compliance to info@supercards.me to enable any appropriate action to be undertaken by supercards.

MODIFICATION TO THE SYSTEM AND UPDATES:

Customers and permitted user acknowledges that it is a benefit of standard services and that such, supercards may, in its sole discretion, (i) redesign its network or service components, (ii) Change the hosting servers, (iii) modify and/or replace used technology and/or service architecture, without any material degradation of the supercards services, and (iv) from time to time, give enhancements, required replacements, and improvements to the features and/or functionality of the supercards services, which may include, bug fixes, required updates, upgrades, and other modifications.
As the supercards Services evolve, such updates may change or remove certain then-existing features and functionality of the supercards Services. To the end, users hereby agree that supercards has no obligations: (i) to provide any particular updates or (ii) to continue to enable any particular feature and the functionality of supercards services to the customers and permitted users.
Customers further agree that all the updates installed by supercards be: (i) deemed to constitute an integral part of the supercards services and (ii) subject to the terms of this agreement.

SDK:

In the condition where the user requires software development to enable it to use the supercards services in conjunction with the products and the supercards application, provide the customer a worldwide, non-transferable, non-exclusive license to use the “Software Development Kit” to realize the purpose, which SDK shall be made available by supercards as a downloadable file.

FEES:

Users agree to pay supercards the fees for the particular supercards service ordered by the customer, as set forth from time to time on the website, in accordance with the charge/payment terms set out therein. Such fees are exclusive to all applicable taxes in any relevant jurisdiction. The service owner shall be responsible for all the payment of all such taxes based on supercards’s income which shall remain the responsibility of supercards. The users acknowledge that all taxes fee due hereunder are payable in advance and that any delay or some failure on the part of the customer to pay the agreed fee by the due date, without any notice, to suspend the supercards services or terminate this agreement in accordance with its terms.

THIRD-PARTY INTERACTIONS:

The supercards services may contain links to third-party provided websites, applications, and advertisements (“Third-Party Provision”). The user understands and agrees that the third-party provider is not under the control of supercards and that the access to the third-party provision by the customers and permitted users shall be fully at the user’s risk. Customers further agree and understand that third-party provision is entirely outside of the scope of this agreement and that supercards shall have no responsibility or liability to the customer and/or permitted user for: (i) the accuracy or availability of third-party provision; and/or (ii) the services, content, or products available from the such third-party provision.

INTELLECTUAL PROPERTY RIGHTS:

Notwithstanding anything to the contrary in this Agreement, each party retains ownership of all Intellectual Property Rights (i) it owned as at the effective date, (ii) owned and created independently of this agreement, and (iii) any updation, adaption, modification, and derivations of sections and subsections (i) and (ii) above and nothing in this agreement shall operate to transfer any background between the parties. supercards and its licensors own all worldwide intellectual property rights in the: (a) Our website, application, and user interfaces used for providing the supercards services to the customers (b) supercards SaaS; (c) Products; (d) SDK; and (e) all marks, trademarks, logos of supercards. Except for the right to receive, access, and use the supercards services, as expressly set forth herein specifically for the Purpose, no right or license is granted hereunder concerning the supercards IP. Further, the customer shall not nor permit any third party to; (a) copy, use, modify, adapt, or create derivatives works of the supercards IP; (b), where applicable, redesign, disassemble, or decompile the supercards IP or, otherwise attempt to determine its underlying source code; (c) sell, lease, rent, lend, sublicense or provide any portion of the supercards IP to any third-party or permit the use of supercards IP by, or for the benefit of any person other than its permitted user. For this Agreement, “intellectual property rights” means all patents, discoveries, registered and unregistered rights, inventions relating to copyrights, industrial and other databases, know-how, designs, trademarks, circuit layouts, domain names, confidential information trade secrets, and all other intellectual property.

CUSTOMER/PERMITTED USER REQUIREMENT AND CONDUCT:

Customer shall ensure that neither it nor any Permitted Users shall, in connection with their use of the supercards Services, disclose any electronic data, text, messages, or other material, including personal data of such Permitted User (“Service Data”) upload, share, or otherwise distribute in violation of Acceptable Use. Supercards reverses the right, in its sole discretion, to remove any of the service data which fails to comply with the terms of this agreement, any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. Supercards shall not be responsible for any delay or failure in removing such content or any business consequences of removing the same.

SERVICE DATA:

In between the third parties, all the rights, titles, and interest in and to Service Data remains vested in users. Users hereby grant supercards a non-transferable, non-exclusive, worldwide, royalty-free license to use, distribute, transmit, reproduce, modify, store, display, and process service data to the necessary for supercards to make available and offer the supercards services to customers and/or permitted users and perform its obligations under the agreement. It is not possible that supercards shall share such service data or use it for the benefit of supercards directly or other customers.

ANONYMOUS DATA:

Notwithstanding anything to the contrary herein, the customers agree that supercards may create aggregated, de-identified, or anonymous data, which may, in part, include the processing of and anonymizing service data for a reason to improve, operating, analyzing, or marketing the supercards services always offered that such anonymous data will in no circumstances, identify customers and/or permitted users or enable the identification of the same and that all the persistent identifiers have been removed.

SERVICE USAGE DATA:

To improve and provide the best version of supercards services, supercards may collect and use data relating to the usage by customers and/or permitted users of the supercards services, including, without limitations monitoring, analyzing usage and traffic patterns of its website and supercards services. These usage data: (a) isn’t service data; (b) doesn’t include personal details about the customer and permitted users; and (c) is owned by supercards.

CONFIDENTIALITY:

All data and information, whether oral, written or visual, including data and information at the time of disclosure by disclosing party to the receiving party, is identified as “Confidential” or which, based on the content and circumstances of the disclosure, would lead a reasonable person to conclude that such data and information are “confidential” shall be considered “confidential information.” Each party shall keep the Confidential Information of the other party in confidence, use it only to fulfill its obligations under the Agreement, and not disclose such Confidential Information to any third party, except as expressly permitted by this Section 18. Each party can share the Confidential Information with those of its co-workers, agents, and colleagues that have a valid reason to get exact in furtherance of the sharing party’s obligations under this agreement provided: (i) the third-party sharing remains liable for the breach of this agreement by its servants and agents receiving confidential information, and (ii) any such agents and servants are also bound by broadly comparable obligations of confidentiality. Any breach of this agreement by either party may cause irreparable harm to the other party, for which monetary damages would not be an adequate remedy. Consequently, the non-breaching party can seek an injunction or other equitable relief without proof of loss.

PRIVACY:

The services of supercards are not intended to be used for storing or processing personal data, and any of the service data containing personal data is at the discretion and risk of the customer and/or permitted users. As between the parties, Customer will remain the owner and controller of its PII, and Supercards will be the data processor. In that capacity, the parties will each comply with their obligations under then-applicable data privacy laws. In particular, Customer undertakes to comply with applicable laws regarding collecting data for use by Customer and/or permitted User in their use of the supercards services. Collecting and using personal details of the customers by supercards in connection with the provision of the supercards services will be governed by the terms set out in supercards’s current SuperCards – Privacy Policy.

WARRANTY & DISCLAIMER:

1) LIMITED WARRANTY:
Supercards represents that it has all the required authority to enter into this notice and all the rights and interests necessary to enable supercards to perform its obligations under this Agreement, including the provision of supercards Services.

2) WARRANTY DISCLAIMER:
Permitted by law and expressly provided in section 20.1, supercards doesn’t allow any claim warranty. Supercards makes no warranty, without limitation, of any warranty of title, any particular purpose, or warranty arising from the course of dealing. Supercards does not warrant/claim that the supercards services and products shall be free of bugs, viruses, or any security issue, or if the customer and/or permitted user to have any specific requirements. Customers and/or permitted users agree that the services and products meet their requirements and specific need.

INDEMNITY:

1) SUPERCARDS INDEMNIFY:

Supercards hereby agrees to indemnify and defend permitted users and/or customers, its board member, and employees against all costs, expenses, and damages suffered by indemnified customers arising from the third-party claim: (i) customer’s and/or permitted user’s receipt, access, and use the supercards products and services infringed the IPR (“Intellectual Property Rights”) of a third party; (ii) Its employees and agents, for death and bodily injury resulting from the negligence of supercards. Notwithstanding the preceding, supercards shall have no liability to indemnify indemnifies user parties against any IP claim such IP claim results from; (i) Any changes/modification or unauthorized use of supercards services and/or the products; or (ii) any breach of this agreement by the customer.

2) IP CLAIM:

Suppose supercards’s provision of a Delivered becomes the subject of a third-party IP claim not covered by the disclaimers, supercards may, in its sole discretion: (i) procure for Customer and/or Permitted Users the right to start using the relevant part of the Delivered Products, or (ii) replace or modify the relevant part of the Delivered Products. If the option mentioned above is unavailable, supercards shall terminate the agreement immediately upon giving 15 days prior notice to customers. This section 21 states that supercards’s sole liability concerning any IP claim resulting from supercards’s provision of deliverables under this agreement.

3) CUSTOMER INDEMNITY:

The customer and/or permitted user with this agrees to indemnify and defend supercards, its directors, employees, and agents from all costs and expenses, liability, and damages suffered by the indemnified parties arising from third-party claims: (i) Based on infringed by customers of any applicable law of supercards; (ii) The service data use of supercards by this agreement violated the IPR (“Intellectual Property Rights”) of a third party; (iii) Its employees and agents, for death and bodily injury resulting from the negligence of supercards. The indemnification obligation set forth above is the termination or expiration of this Agreement.

LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPERCARDS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR LOST PROFIT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, LOSE/TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE ARISING OUT OF: (I) THE USE AND/OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICES AND PRODUCT PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS CONNECTED THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) CONDUCTS OF THE SERVICES BY THE THIRD-PARTIES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

FEW JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SPECIFIC WARRANTIES, LIMITATIONS, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE-MENTIONED LIMITATIONS SET FORTH ABOVE MIGHT NOT APPLY TO YOU OR ARE ENFORCEABLE CONCERNING YOU AND ARE INTENDED TO BE ONLY AS BROAD AS PERMITTED BY LAWS OF THE APPLICABLE STATE. SUPPOSE ANY PORTION OF THIS NOTICE/SECTION IS DEEMED TO BE INVALID UNDER APPLICABLE LAW. IN THAT CASE, THE INVALIDITY OF SUCH SECTIONS SHALL NOT AFFECT THE VALIDITY OF THE OTHER PORTION OF THE APPLICABLE SECTIONS. IF YOU ARE NOT SATISFIED WITH THESE TERMS OF SERVICE, THE CUSTOMER AND/OR PERMITTED USER’S SOLE REMEDY IS TO STOP USING THE SUPERCARDS SERVICES.

TERMS, RENEWAL & TERMINATION:

1) TERM:

The services at supercards are provided and paid for by the customers and/or users through the website or any other way of payment as per convenience. This agreement notice is good enough for the effective date and will continue in effect for the terms according unless ended the notice earlier as provided herein. After the initial terms and unless terminated earlier, this notice (agreement) shall automatically renew for additional services and term basis conditions. The initial or renewal services hereunder shall be collectively referred to as the “TERM.” Either the other party may terminate this agreement by providing written notice to the other party 15 days prior, not more than this, to the start of a renewal term.

2) TERMINATION FOR CONVENIENCE:

The other party may terminate this agreement for its goods or convenience at any time by providing 30 days prior notice in writing to the other party.

3) SUSPENSION:

Supercards has all the rights without notice to suspend access to the supercards services in the conditions where: (i) The payment of the service is due, (ii) the permitted user and/or customers are non-compliant with acceptable use, (iii) Breach any of the condition of supercards, (iv) suspension is advisable to prevent any damage to supercards services.

MISCELLANEOUS PROVISIONS:

1) FORCE MAJEURE:

Neither party shall be in default of any breach of any obligation hereunder to the extent that the breach results from a cause beyond its reasonable control, including but not limited to natural disaster, civil commotion, epidemics, pandemic strikes, labor disputes, disruptions or delays to internet services, hacker attacks, or requirements. Duration of any such incident of force majeure continues for longer than 10 calendar days; the customer and/or permitted user or other parties may terminate this agreement for its own convenience.

2) NOTICE:

All notices given under or in connection with this agreement must be in writing and sent to the other party at the address for that other party first identified in this agreement or, in the case of the customer, at the address provided by the customer at the time the order for supercards services was placed. Either party may elect to change its address for the purpose of receiving notices under this agreement by giving written notice to the others of such changes. In the condition of termination, the customer may provide notice through the website if such functionality is present at the time of termination notice.

3) SURVIVAL:

Under this agreement, each party’s obligations, which by their nature would continue beyond the termination, expiration, or cancellation of this agreement, shall survive such termination, expiration, and cancellation.

4) WAIVER:

Any waiver or purported waiver is null and void unless made in writing, and the failure of either party to exercise any of its rights under this agreement shall constitute or be deemed a waiver or forfeiture of form such rights.

5) ENTIRE AGREEMENT:

This agreement contains the entire agreement between the parties concerning the matters set forth herein and supersedes all prior agreements or communications. Any subsequent amendment to this agreement, or any part thereof, shall be effective only if in writing and signed and dated by both parties.

6) SEVERABILITY:

If any provision of this agreement is found by any court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of the agreement shall continue in effect, and such affected provision shall be deemed modified to the extent necessary to make such provision enforceable while preserving the intent of the parties as much as possible.

7) GOVERNING LAW & JURISDICTION:

The agreement shall be governed by the substantive laws of the state of Rajasthan, and each party submits to the exclusive jurisdiction of the courts of Jaipur city.