These Terms of Use set out the rules that apply when you use the MyCards+ app and its related services provided by Sanera Technologies: your account, what you may and may not share, how we handle abusive content and users, work cards issued by organisations, our liability, and the additional terms that apply to the App Store and Google Play versions of the app.
These Terms of Use (the "Terms") govern your use of the MyCards+ mobile application for iOS and Android (the "App"), the public card pages and links generated by the App, the Apple Wallet and Google Wallet passes issued through the App, and the web portal through which organisations administer work cards (together, the "Service").
The Service is provided by Sanera Technologies, Dalsteindreef, 1112 XJ Diemen, the Netherlands ("Sanera", "we", "us" or "our").
By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
The processing of personal data in connection with the Service is described in the MyCards+ Privacy Policy, available at sanera.nl/cards/privacy-policy. The Privacy Policy does not form part of these Terms, but you should read it together with them.
You must be at least 16 years of age to create an account or use the Service. The Service is not directed at persons under the age of 16. If we become aware that an account belongs to a person under 16, we will delete it.
You must provide accurate information when creating your account and keep it up to date. You may not create an account on behalf of another person without their authorisation, or create an account if we have previously terminated your account for a breach of these Terms.
Each account is for the use of one natural person and includes one personal card, which represents you. Additional cards, such as work cards issued by an organisation, are subject to section 5.
You are responsible for keeping your sign-in credentials, your device and the e-mail account used to sign in secure, and for all activity that takes place under your account. You must notify us without delay at the address in section 15 if you suspect unauthorised use of your account. You may review your sign-ins and end any session in the App under Account > Signed-in devices.
We do not tolerate objectionable or abusive content or abusive users. You may not use the Service to create, upload, display, share or send any content, or engage in any conduct, that:
You may not:
You may report a user whose card or conduct you consider to breach these Terms, using Report on that user's card or connection request in the App, or the report link on a public card page. You may also block a user at any time. The reported or blocked user is not informed of your identity.
We aim to review each report within 24 hours. Where we find that content or conduct breaches these Terms, we will remove the offending content and may deactivate the card concerned, and we will suspend or terminate the account of the user who posted it. We may also act on our own initiative where we become aware of content or conduct that breaches these Terms, and we may report unlawful content to the competent authorities.
"User Content" means the information and materials you add to the Service, including the details on your cards, photographs, pictures, logos and notes. You retain all ownership rights in your User Content.
You grant Sanera a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt (for example, to resize an image or generate a Wallet pass) and display your User Content, solely to the extent necessary to operate and provide the Service to you. This includes displaying the details you have made public on your public card pages, links and contact files, on the Apple Wallet and Google Wallet passes for your cards, and to the connections with whom you share your cards. This licence ends when you delete the User Content concerned or your account, subject to the retention periods set out in the Privacy Policy.
You are solely responsible for your User Content. You represent and warrant that your User Content is accurate and not misleading, that it complies with these Terms, and that you hold all rights and permissions necessary to share it, including the consent of any person shown in a photograph and the right to use any logo or trade mark you add to a card.
Cards and other content made available by other users are the responsibility of those users. Sanera does not verify the accuracy of User Content and does not endorse it.
An organisation may issue work cards to its personnel through the Service. The organisation determines the content of the work cards it issues and may change or withdraw them at any time, including when you leave the organisation. Withdrawal of a work card does not affect your personal account or your personal card.
The use of the Service by an organisation, including any paid plan for organisations, is governed by a separate agreement between Sanera and that organisation. In the event of a conflict between that agreement and these Terms with regard to the organisation's use of the Service, that agreement prevails.
Plans for organisations are purchased on the web through the organisation portal, and not in the App.
The App is provided to individual users free of charge. At present, the App does not offer in-app purchases.
The App, the Service and all software, designs, text, graphics and trade marks forming part of them, other than User Content, are owned by Sanera or its licensors and are protected by intellectual property laws. The name MyCards+ and the Sanera name and logos may not be used without our prior written consent.
Subject to your compliance with these Terms, Sanera grants you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices that you own or control, for the purpose of using the Service. No other rights are granted to you.
If you believe that content in the Service infringes your intellectual property rights or other rights, please notify us at the address in section 15, stating the content concerned and the grounds for your notice.
You may stop using the Service and delete your account at any time in the App under Account > Delete account. The consequences of deletion are described in the Privacy Policy.
We may suspend or terminate your account, deactivate any of your cards or restrict your access to the Service, with immediate effect where appropriate, if you breach these Terms, if we are required to do so by law or by a competent authority, or if your use of the Service poses a risk to other users, to Sanera or to the security of the Service. Where reasonable and permitted by law, we will inform you of the decision and the reasons for it, and you may contact us at the address in section 15 if you believe the decision was made in error.
We may modify or discontinue the Service or any part of it. Where we discontinue the Service as a whole, we will give you reasonable advance notice in the App or by e-mail so that you can export your data.
To the extent permitted by applicable law, the Service is provided "as is" and "as available". We do our best to keep the Service available, secure and free of errors, but we do not warrant that it will be uninterrupted, error-free or free of harmful components, or that cards, links, codes or Wallet passes will function on every device or in every application. Nothing in these Terms affects the rights you have as a consumer under mandatory law, including your statutory rights in respect of conformity of digital content and digital services.
To the extent permitted by Dutch and European Union law, Sanera is not liable for indirect or consequential loss, loss of profit, loss of data or loss of goodwill arising out of or in connection with the Service, nor for any loss resulting from User Content or from the conduct of other users.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for loss caused by intent or gross negligence (opzet of bewuste roekeloosheid), or any other liability that cannot be limited or excluded under applicable law. Your rights as a consumer under mandatory law remain unaffected.
We may amend these Terms from time to time, for example to reflect changes to the Service or to the law. The date of the latest revision is shown at the top of this page. Where an amendment materially affects your rights or obligations, we will notify you in the App or by e-mail a reasonable period before it takes effect. If you do not agree to the amended Terms, you may delete your account before they take effect. Your continued use of the Service after the amendment takes effect constitutes acceptance of the amended Terms.
These Terms are governed by the laws of the Netherlands. If you are a consumer habitually resident in another country, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence.
Disputes arising out of or in connection with these Terms or the Service shall be submitted to the competent court in Amsterdam, the Netherlands, without prejudice to your right as a consumer to bring proceedings before, and to be sued only before, the courts of your place of residence where mandatory law so provides.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be replaced by a valid provision that comes closest to its purpose.
If you have downloaded the App from the Apple App Store, the following provisions also apply. In the event of a conflict between this section and the remainder of these Terms, this section prevails with regard to the App as downloaded from the App Store.
These Terms are concluded between you and Sanera only, and not with Apple Inc. or its subsidiaries ("Apple"). Sanera, not Apple, is solely responsible for the App and its content.
The licence granted to you in section 7.2 is limited to use of the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Sanera is solely responsible for providing any maintenance and support services for the App, as described in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Sanera is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Sanera.
Sanera, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Sanera, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any such claim.
You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App, such as the terms of your wireless data service provider.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Any questions, complaints or claims with respect to the App should be directed to Sanera at the address in section 15.
If you have downloaded the App from Google Play, these Terms are concluded between you and Sanera only, and not with Google LLC or its affiliates ("Google"). Sanera, not Google, is solely responsible for the App, its content and its support. Your use of Google Play is also subject to the Google Play Terms of Service.
Questions, notices and complaints concerning these Terms or the MyCards+ app may be addressed to:
Sanera Technologies
Email: info@sanera.nl
Phone: +31 (6) 39 65 25 54
Dalsteindreef, 1112 XJ Diemen, Netherlands
How we handle your data: MyCards+ Privacy Policy