For these purposes, the developer of the Software and the Service is YourCard Tech Solutions LLP (“YourCard”, “us”, “we”, or “our”), a private company incorporated in India under company number C-802 with its registered office address at The First, Vastrapur, Ahmedabad – 380015, Gujarat, India. 

By using this Site and/or the mobile application (subscribing for the “Services”), you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use this Site, the mobile application or use the Service.

1. Setting up and using your Account

To register and use the Services, you must:

• provide your full legal name, a valid email address, and any other information reasonably required in order to complete the signup process;
• be 18 years of age or older;
• be a human. Accounts registered by “bots” or other automated methods are not permitted;
• comply with these Terms of Service.

You are responsible at all times:

• for maintaining the security of your account and password. YourCard cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and
• for all content posted and activity that occurs under your account. Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, YourCard hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users (“End Users”). All rights not expressly granted to you are reserved by YourCard and its licensors.

Without explicit permission from YourCard, you may not:

• use YourCard’s trademarks or service marks;
• alter, modify, obscure, or remove YourCard’s trademarks from the Services;
• alter, modify, or obscure the Services;
• either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of YourCard; or
• either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of YourCard.

2. Users and Company Users

Two types of accounts are available for registration depending on their purpose:

• A “User” is an individual providing Personal Information to us via our website, mobile application or other services, products or platforms. The User is either an employee of a Company User or a freelancer. Users who are employees are bound to their Employer’s Company User account and the latter controls all the acquired information even after termination of the former’s account.
• A “Company User” is an incorporated legal entity which provides Business Information to us via our website, mobile application or other services and may introduce its employees to the Services and create their own User accounts.

Both types of users agree to provide true, accurate, current and complete information and update registration data to keep it true, accurate, current and complete. If any information is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we can suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

3. Modifications to the Service and Prices 

YourCard reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are displayed at this Site or notified to you from time to time and may be subject to change at any time on 30 days’ notice. Such notice may be provided to you at any time by posting the changes to this Site or the Service itself.

To the maximum extent permitted by Applicable Law, YourCard shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 

4. Content

Your content is your responsibility. We cannot be held liable for it, or for any loss or damage your content may cause to you, your authorized users or other people, companies or organizations. We claim no intellectual property rights over the new material you independently create and provide to the Service. Your profile and materials uploaded remain yours. You will, and you will procure that your authorized users will, use the Software and/or the Service and exercise your rights under these Terms of Service in accordance with all Applicable Laws (including without limitation copyright laws and Data Protection Legislation).

Monitoring and Altering Content

YourCard does not pre-screen content, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit without notice any content posted or stored on the Site that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time. You are solely responsible for maintaining copies of and replacing any content you post or store on the Site.

5. Content Restrictions

You will not at any time and you will procure that your authorized users will not at any time:

• copy, license, distribute, sell or otherwise market the Service or the HTML/CSS/JS/Ruby or visual design elements of the Service and/or the Site, or any part thereof, or authorize any third party to do any of the foregoing;
• reverse engineer or decompile the Software or any IPR in the Software, except and only to the extent authorized by Applicable Law;
• remove any patent numbers, copyright notices or other notices from the Software, the Service and/or the Site;
• use the Software, the Service and/or the Site, or any part thereof, for any purpose or do any act which would or might infringe YourCard’s intellectual property rights;
• use the Software, the Service and/or the Site, or any part thereof, to create, publish, post, upload, transmit, disseminate or endorse any message, data, information, text, name, software, graphics, files materials or other content that is unlawful, libelous, defamatory, profane, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights or for any other unlawful purpose;
• transmit any worms or viruses or any code of a destructive nature when using or otherwise in connection with the Service, the Software and/or the Site;
• modify, adapt or hack into the Service or modify another website or service so as to falsely imply that it is associated in any way with the Service, YourCard or any other YourCard product, service or entity; or
• upload, enter or process any personal data revealing (i) racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; (ii) data concerning health or sex life or sexual orientation; or (iii) genetic data or biometric data onto the Service or Site.

Grant of License. You represent that you have the authority to and do hereby grant to YourCard a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the “Content License”). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third party service providers to the extent necessary to enable transmission of and access to the Content through the Service.

YourCard may terminate your account without notice in the event that you breach any of these Terms. Your termination will take effect immediately and you will not be charged again. In the event of any termination, YourCard will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. YourCard reserves the right to refuse service to anyone for any reason at any time.

6. YourCard’s Intellectual Property Rights

The Services are protected by copyright, trademark, and other laws of the Republic of India and foreign countries. Except as expressly provided in the Terms, YourCard, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

YourCard always appreciates your feedback or other suggestions about YourCard, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us.

All trademarks, service marks, logos, trade names and any other proprietary designations of YourCard used herein are trademarks or registered trademarks of YourCard. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

7. Privacy Policy

We take your privacy seriously. You can view our full explanation of how we handle your privacy on our dedicated privacy policy page (the “Privacy Policy”).

8. Cancellation

If you are not satisfied with the Service, you can submit a cancellation request via the on-site contact form with your full name, account username/password and last 4 digits of the credit card you used to sign up and we will cancel your account within 3 business days.

When signing up for the FREE TRIAL, in order to avoid being charged after the trial expires, please make sure to submit the cancellation request within the TRIAL period. You are solely responsible for properly canceling your paid subscription . An email, phone, chat, or written request to cancel your paid subscription is not considered cancellation. You may cancel your account at any time, for any reason, however, you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. The cancellation of your paid subscription will occur at the end of your current paid up period.

9. Disclaimer of Warranties and Limitation of Liability 

Your use of the Service and the Software is at your sole risk. The Service and the Software are provided on an “as is” and “as available” basis.

YourCard does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

To the maximum extent permitted by Applicable Law and without prejudice to or limiting the parties’ respective obligations you expressly acknowledge and agree that YourCard shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YourCard has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service and/or the Site.

10. Indemnification

You agree to defend, indemnify and hold harmless YourCard, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against YourCard by an End User.

11. Non-solicitation

You may not use the Services to solicit, interfere with, or endeavour to entice away from YourCard any YourCard customer, user, or subscriber.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of YourCard or by acting as an agent contracted by a third party to act on its behalf.

If you are interested in becoming a YourCard partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email support@YourCardapp.com or talk to us on live chat.

12. Governing Law

These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the Republic of India. Any disputes arising under this Agreement shall be heard in the courts in Ahmedabad, Gujarat, India. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

13. Force Majeure

YourCard shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by YourCard may be deferred for a period equal to the time of such delay.

Last updated on 28 June 2022