End-User License Agreement


Last updated: 31/1/2017

Please read this End-User License Agreement of BCard Reader carefully before clicking the "I Agree" button, downloading or using BCard Reader.

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

License

BCard Reader grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Modifications to Application

BCard Reader reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or BCard Reader.

BCard Reader may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from BCard Reader, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

BCard Reader reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

For users on BCard, we recognize that your privacy is very important and take it seriously. This Privacy Policy describes BCard 's policies and procedures on the collection, use and disclosure of your information when you use the BCard Service. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms and Services.

Information Collection and Use

BCard uses information we collect to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.

User-Provided Information

You provide us information about yourself, such as your name and e-mail address, if you register for a member account with the Service. Your name and other information you choose to add to your profile will be available for public viewing on the Service. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by e-mail). You can control receipt of certain Service-related messages on your Account page. We may also use your contact information to send you marketing messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. Your content will be private at BCard. However, any content published to Third party sites through BCard services will governed by those Third-party sites and maybe searched by search engines and republished elsewhere. This information may be searched by search engines and be republished elsewhere on the Web in accordance with our Terms of Service. If you choose to use our invitation service to invite a contact to the Service, we will ask you for that person's email address or data and automatically send an email invitation or invite through that data. BCard stores this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service.

Cookies

When you visit the Service, we may send one or more "cookies" - small data files - to your computer or device to uniquely identify your browser or device and let BCard help you log in faster and enhance your navigation through the site or App. A cookie may convey anonymous information about how you browse the Service to us, but does not collect personal information about you. A persistent cookie remains on your computer after you close your browser or App so that it can be used by your browser or App on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser or App. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Third Party Services

BCard uses Google Analytics to help understand use of the Service. Google Analytics collects the information sent by your browser or device as part of a request, including cookies and your IP address. Google Analytics also receives this information and the use of it is governed by its Privacy Policies.

How We Share Your Information

1. Personally, Identifiable Information BCard may share your personally identifiable information with third parties for the purpose of providing the Service to you. If we do this, such third parties' use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of BCard (for instance, on servers or databases co-located with hosting providers). As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution. We may share or disclose your information with your consent, such as if you choose to sign on to the Service through a third-party service. We cannot control third parties' use of your information. BCard may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect BCard 's rights or property.

2. Non-Personally Identifiable Information We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain BCard services. BCard may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on BCard. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. BCard does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks BCard to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. The BCard Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

3. Business Cards Captured by You. Business Cards Captured by you are uploaded for human transcription in order to digitalize and reach up to 100% Accuracy. However, Card Information and your business card is private at BCard and is not made public. We may use email address present on card to send email promoting BCard and asking them to organize their Contacts using BCard Application.

4. Card Shared by you on different platform. BCard provides ability to share Card and share to ease contact sharing. BCard Privacy Policy is no longer in effect and rules will applicable of the application where you share your card.

How We Protect Your Information

BCard uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BCard or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event that personal information is compromised as a result of a breach of security, BCard will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Authority on Your Personal Information

You may, of course, decline to submit personally identifiable information through the Service, in which case BCard may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.

Navigating to Other Web Sites

BCard is not responsible for the practices employed by websites linked to or from the Application, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.

Updates to Privacy Policy

We may modify and upgrade our privacy policies in lieu of updated features and technological safeguards and same shall be updated on this page. Changes to Privacy Policy shall be effective only when they are posted here.

The following are the terms and conditions for use of the Atmas Softwares Pvt. Ltd. ("BCard App") Apps (the "App" or "Apps") and the www.bcardreader.com website, and its respective content together with the Apps available from the website and application www.bcardreader.com (the "Site"). Collectively, the App and the Site are referred to as the "App" or the "Apps". PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE App, YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) ("YOU") ARE ELIGIBLE FOR AN ACCOUNT AND YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF App (THE "TERMS OF App" OR "AGREEMENT"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF App, THEN YOU MAY NOT ACCESS THE App, OR ANY PART THEREOF. BCard App' PROVISION OF THE Apps ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF App, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY PURCHASE ORDER; IF THESE TERMS OF App ARE CONSIDERED AN OFFER BY BCard App, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. BCard App may revise these Terms of App from time to time, including any of the policies which may be applicable to the use of the Apps by posting such revisions at www.bcardreader.com/about/tos or any such other URL that BCard App may provide and we may send registered users an email notice of the change. By continuing to use the Apps after BCard App has posted updates to the Agreement, you agree to the revisions and agree to be bound by them.

General

The IOS/ Android application BCard (hereinafter referred to as "Application “or "App”), owned by Atmas softwares PVT LTD. For the purpose of these Terms of Use, "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The term "We", "Us", "Our" shall mean BCard App. "Agreement" shall mean and refer to this Terms of App, including any amendments that may be incorporated into it. "Third Party" shall mean and refer to any individual(s), company or entity apart from the User and the headings of each section in this Agreement. By using the App, you accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any App that is provided by this Application. Your use of Our Application is evidence that You have read and agreed to be contractually bound by these Terms of App and our Privacy Policy. Please read both carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Application. We hold the sole right to modify the Terms of App without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of App and stay updated on its requirements. Online / Mobile Application Platform BCard is a mobile app that digitizes business cards and lets you store on a mobile phone and our database which you can access from different mobile device, computer, tabs & pads with your unique credentials which you specifically chosen at the time of registration. The Application scans physical business cards through the device camera of a mobile phone and converts image into readable text / data and stores it in a digital form. This data along with the digitized copy of the business card can be used by users to call, SMS, email, locate and follow-up. BCard provides the originality of a physical card and at the same time delivers all the utility derived from a business card over a touch, tap or swipe on the phone.

Account, Password and Security

To register for the App, BCard App enables you to sign up using either your Yourself by providing the following information which inter alia includes Name, User Name, Password, Mobile Number, Email-ID, etc. Further, at any time during You are solely responsible for the protection of information given out as part of your account and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your account. You agree to notify BCard App immediately upon learning of any unauthorized use of Your account or any other breach of security.

Charges

The downloading and installing of the free version of the Application is free of cost. But certain premium services may only be available for a fee, which is paid through App store or Play store & governed by their terms of service and privacy policy state off.

Taxes

The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Application, including but not limited to downloading and installation of the Application by the User.

Usage Restrictions

"Content" includes, without limitation, any information or data, text, software, scripts, graphics, photos, and interactive features provided by BCard App or its partners through the Apps, excluding Submissions (as defined below). The Site and the App and any Content made available on or through the App is provided only for (a) your own personal use or (b) your internal business use. For the avoidance of doubt, if you have purchased our Apps, you shall not use any automated data mining tools or techniques on or in connection with the Apps or reformulate any copies of the Content for use in commercial products or Apps or for general resale or distribution. You will comply with all applicable laws and regulations in Your use of and access to the App and Content. You agree not to use the Site or Apps for any purpose that is unlawful or prohibited by these Terms of App. You agree to abide by all applicable local, state, national and international laws and regulations. You shall not use any robot, spider, scraper or other automated means to access the Apps for any purpose. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Site or Apps or any activities conducted on the Site; or (ii) bypass any measures BCard App uses to prevent or restrict access to the Site or Apps.

Content

Unless otherwise expressly noted on the App, BCard App reserves all rights, title and interest in and to the Apps and the Content, including all related intellectual property rights. Except as expressly permitted in these Terms of App, You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the App; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the App; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the App; (iv) remove any proprietary notices or labels placed by the App; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the App. BCard App may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. The Site or Apps may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under BCard App' control, and You acknowledge that BCard App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BCard App or any association with its operators. Any dealings that You have with third parties, merchants or advertisers found on the Site are between You and the third party, merchant or advertiser and You acknowledge and agree that BCard App is not liable for any loss or claim You may have against a third party, merchant or advertiser. In no event, shall BCard App be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites. You further acknowledge and agree that BCard App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or Apps available on or through any such website or resource.

Feedback

Any reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to BCard App concerning the App ("Evaluations") will be the property of BCard App. You agree to assign, and hereby assign, all right, title and interest worldwide in the Evaluations, and the related intellectual property rights, to BCard App and agree to assist BCard App, at BCard App' expense, in perfecting and enforcing such rights. PROVISION OF App BCard App may terminate Your access to all or any part of the Site and Apps at any time, with or without cause, with or without notice, effective immediately. BCard App will use commercially reasonable efforts to make the Apps available 24 hours a day, 7 days a week, except for: (a) planned downtime, maintenance activities and efforts to maintain session control, or (b) any unavailability caused by circumstances beyond BCard App' reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving BCard App employees), or Internet App provider failures or delays. BCard App or its suppliers may, at any time, without notice or liability, restrict the use of the Site or Apps or limit the availability in order to perform maintenance activities and to maintain session control. BCard App automatically measures and monitors network performance. BCard App does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of BCard App or its authorized vendors, contractors and agents. Actions Undertaken by the Application on your Device Upon download and installation of the Application, You grant the following permissions to BCard to perform the following actions on the device You have installed the Application in. To read from, write on, modify and delete data pertaining to the Application on the device's hard disk and/or external storage; To access information about networks, access networks including wi-fi networks, receive and send data through the network; To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks; To determine Your exact location from sources such as, but not limited to GPS; To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device; To retrieve information about other application running on the device the Application has been installed on and open them; To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;

Privacy

BCard App's current Site Privacy Policy is available HERE (www.bcardreader.com/about/privacy) and is incorporated by this reference. Your use of the App is subject to the terms of the Privacy Policy. Updates From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as "Updates"). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

Limitation and Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BCard App (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BCard App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless BCard App from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You; (b) the use of the Site or Apps by You; (c) negligent acts, errors, or omissions by You; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of BCard App; or (e) third party claims for infringement of any intellectual property rights arising from Your Submissions or Your use of the Apps or Site.

Miscellaneous

All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration. You shall not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. BCard App may assign all or any part of this Agreement without notice and You agree to make all subsequent payments as directed. You and BCard App agree that Your use of the Apps and this Agreement will be governed by the substantive laws of NEW DELHI without reference to its principles of conflicts of laws. YOU AND BCard App CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN THE NEW DELHI FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE App. Except as otherwise required by law, including New Delhi laws relating to consumer transactions, any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BCard App' failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. Accessing the App is prohibited from territories where such App is illegal. If you access the App from other locations, you do so at your own initiative and are responsible for compliance with local laws. This Agreement, including the Privacy Policy and all other policies posted on the Site, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between You and BCard App with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Notwithstanding the foregoing, if You have entered into a MSA with BCard App and there is any inconsistency between the terms of the MSA and the terms of these Terms of App, the terms in such MSA control your use of the App instead of the terms of these Terms of App. Any changes by You to this Agreement without BCard App' written consent are void.

Contact Information

If you have any questions about this Agreement, please contact us.

BCard Reader, Malviya Nagar,

New Delhi – 110017

contact@bcardreader.com