EVER PRESENT | EVER CURRENT | EVERKARD

EverKard - Your LIVE Business Card

Terms of Service

About: EverKard Pty Ltd (“Everkard” “our,” “we,” or “us”) provides Live Digital Business Card exchange services to users around the world. Please read our Terms of Service which includes all of the terms and policies below (“Terms”) so that you understand the use of the Everkard App. You agree to our Terms by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). You must use our Services according to our Terms. If we disable your account for a violation of our Terms, you will not create another account without our permission

NO ACCESS TO EMERGENCY SERVICES: There are important differences between the Everkard App and your mobile and fixed-line telephone and SMS services. Our Services do not provide messaging or Internet calling. Our app uses the services provided by your selected provider and other apps that you have installed on your mobile phone.

About Our Services

Registration

You must register for our Services using accurate data, including your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature.

Address Book

You may provide us the phone numbers of EverKard users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such information in order to allow us to provide our Services.

Age

You must be at least 13 years old to use our Services (or such greater age as may be required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices and Software

You require certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

Acceptable use of our services

Our Terms and Policies

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. 

Legal and Acceptable Use

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of EverKard, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Everkard or Our Users

You must not (nor assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure

You are responsible for keeping your device and your Everkard account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party social media link services (such as Instagram or Facebook) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your EverKard contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights

EverKard does not claim ownership of the information that you submit for your EverKard account or through our Services. You must have the necessary rights to such information that you submit for your EverKard account or through our Services and the right to grant the rights and licenses in our Terms.

EverKard’s Rights

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with any brand guidelines.

Your License to EverKard. In order to operate and provide our Services, you grant EverKard a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture, your public profile, links, business location on our servers as described in our Terms).

Your License to EverKard

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

EverKard’s License to You

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. 

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please follow the instructions contained in our Intellectual Property Policy below. We may terminate your EverKard account if you repeatedly infringe the intellectual property rights of others.

Disclaimers

You use our services at your own risk and subject to the following disclaimers. we are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. we do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. we do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. we are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. you release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “everkard parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. you waive any rights you may have under any applicable statute or law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Limitation of liability

The Everkard parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the EverKard parties have been advised of the possibility of such damages. our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred dollars ($10) or the amount you have paid us in the past twelve months. the foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by any applicable law. the laws of some countries or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. notwithstanding anything to the contrary in our terms, in such cases, the liability of the EverKard parties will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the EverKard Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim.

Dispute Resolution Forum and Venue

If you are an EverKard user you agree that you and EverKard will resolve any Claim relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the State of Victoria, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

Governing Law

The laws of the State of Victoria and Australia govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between EverKard and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Export

You will comply with all applicable export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or military technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

Termination

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. Insofar as is legally possible, all provisions will survive any termination of your relationship with EverKard:

Other

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding EverKard and our Services and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver of our Terms requires our express consent. If we fail to enforce any of our Terms, it will not be considered a waiver. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about EverKard and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

Privacy Policy

Information collection

EverKard receives information from you and collects information when we operate and provide our Services, including when you install, register, access, or use our Services.

Information You Provide

Your Account Information: You provide your mobile phone number to create an EverKard account. You may provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, business address, business logo, social links, documents and website links.

Your Connections: To help you organize how you communicate with others, we may create a recent list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.

Customer Support: You may provide us with information related to your use of our Services, including how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.

Automatically Collected Information

Usage and Log Information: We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports.

Transactional Information: If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment.

Device and Connection Information: We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you swap card with your contacts, join or create meetings and seminars, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.

Cookies: We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide EverKard for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you.

Third-Party Information

We receive information that other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs).

Third-Party Providers: We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.

Third-Party Services:

We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the EverKard share button on a social network to share a contact with your friends or followers, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Assignment, Change Of Control, And Transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Managing Your Information

If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:

Services Settings: You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate.

Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message: You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time.

Deleting Your EverKard Account: You may delete your EverKard account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your EverKard account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.

Information We Collect

There are two basic categories of information we collect:

  • Information you provide.
  • Information we get when you use our services.

Here’s a little more detail on each of these categories.

 

Information You Provide

When you interact with our services, we collect information that you provide to us. For example, our services require you to set up an EverKard account, so we need to collect a few important details about you, such as your name, username, password, email address and phone number. We may also ask you to provide us with some additional information that will be publicly visible on our services, such as a profile picture. Other services, such as commerce products, may require you to provide us with a debit or credit card number and its associated account information.

Of course, you’ll also provide us whatever information you send through our services, such as Karding, Meeting, Sharing and Seminars. Keep in mind that the users who view your EverKard (Live Business Card) can always save that content or copy it outside the app. So, the same common sense that applies to the internet at large applies to EverKard as well: Don’t include or share content that you wouldn’t want someone to save or share.

When you contact customer support or communicate with us in any other way, we’ll collect whatever information you volunteer or that we need to resolve your question.

 

Information We Get When You Use Our Services

When you use our services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you exchanged your Kard with a certain user, shared your EverKard, created a virtual meeting or attended a seminar. Here’s a fuller explanation of the types of information we collect when you use our services:

 

Usage Information. We collect information about your activity through our services. For example, we may collect information about:

    • how you interact with our services, such as how you use our search functions.
    • how you communicate with other users, such as Karding, sharing, meeting or seminar.

 

Content Information. When you create your EverKard, you choose the information that you wish to include with your Kard. This is the data that you are agreeing to share with people that you share your kard with and it is stored for such purposes by EverKard. EverKard also collects the date, time and location when you exchange Kards. This data is collected by EverKard and provided to both you and the parties you exchange Kards with. By downloading this app and creating your kard, you agree to EverKard collecting this data and sharing it with other app users.

Users who choose to find out which of their contacts are using EverKard and want to invite their contacts to use the EverKard app need to authorize EverKard to access their contacts database and to upload this information to perform this task. By using this feature you consent to EverKard collecting and using this information for these purposes.

 

    • Device Information. We collect information from and about the devices you use. For example, we collect:
      • information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone;
      • information from device sensors, such as compasses, microphones and camera; and
      • information about your wireless and mobile network connections, such as mobile phone number, service provider, IP address, and signal strength.
    • Device Phonebook.  EverKard needs access to your phone contacts to identify EverKard users and your other contacts to create an opportunity to share your EverKard on a regular basis.

To share your EverKard with your contacts and find contacts who are current users, EverKard needs to upload and compare your contact information to existing users. Please click the button below to enable this feature and authorize this use.

  • Camera and Photos. Our Kard creation and group creation services require us to collect images from your device’s camera and camera roll/photos. 
  • Location Information. When you use our meeting, one on one karding and seminar services, we collect information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.
  • Log Information. We also collect log information when you use our website, such as:
    • details about how you’ve used our services;
    • device information, such as your web browser type and language;
    • access times;
    • pages viewed;
    • IP address;
    • identifiers associated with cookies or other technologies that may uniquely identify your device or browsers

How We Use Information

What do we do with the information we collect? Provide you with an amazing set of products and services that we relentlessly improve. Here are the ways we do that:

  • develop, operate, improve, deliver, maintain, and protect our products and services.
  • send you communications, including by email. For example, we may use email to respond to support inquiries or to share information about our products and services.
  • monitor and analyze trends and usage.
  • contextualize your experience by, among other things, tagging your Memories content using your precise location information (if, of course, you’ve given us permission to collect that information) and make them searchable based on the content.
  • enhance the safety and security of our products and services.
  • verify your identity and prevent fraud or other unauthorized or illegal activity.
  • use information we’ve collected from cookies and other technology to enhance our services and your experience with them.
  • enforce our Terms of Service and other usage policies and comply with legal requirements.

How We Share Information

We may share information about you in the following ways:

  • With other EverKard Users. We may share the following information with other EverKard users:
    • information about you, such as your public profile including your photo, logo and business location. 
    • information about your social network services that you have chosen to share on your profile.

Law And Protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, EverKard or others.

Our Global Operations

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates To Our Policy

We may amend or update our Terms. We will provide you notice of amendments to them, as appropriate, and update the “Last Modified” date at the top. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

Intellectual Property Policy: Your Copyrights and Trademarks

About

EverKard is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms by installing, accessing, or using our apps, services, features, software, or website (together, "Services"). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks. As explained in more detail in our Privacy Policy, we do not retain our users' messages in the ordinary course of providing our Services. We do, however, host our users' account information, including our users' profile picture, profile name, or status message, if they decide to include them as part of their account information.

To report copyright infringement and request that EverKard remove any infringing content it is hosting (such as a EverKard user's profile picture, profile name, or status message), please email a full details as set out below of the infringement claim to ip@everkard.com. Before you report a claim of copyright infringement, you may want to send a message to the relevant EverKard user you believe may be infringing your copyright. You may be able to resolve the issue without contacting EverKard.

Trademark

To report trademark infringement and request that EverKard remove any infringing content it is hosting, please email complete details as set out below of the trademark infringement claim to ip@everkard.com.
Before you report a claim of trademark infringement, you may want to send a message to the relevant EverKard user you believe may be infringing your trademark. You may be able to resolve the issue without contacting EverKard.

What to include in your copyright or trademark infringement claim to EverKard

Please include all of the following information when reporting a copyright or trademark infringement claim to EverKard: Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
A description of the copyrighted work or trademark that you claim has been infringed. A description of the content hosted on our Services that you claim infringes your copyright or trademark. Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services. A declaration that: You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law; The information in your claim is accurate; and You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed. Your electronic signature or physical signature.

Cookies

About cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.

How we use cookies

We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies:

  • to provide EverKard for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
  • to understand which of our FAQs are most popular and to show you relevant content related to our Services;
  • to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and
  • to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.

How to control cookies

You can follow the instructions provided by your browser or device (usually located under "Settings" or "Preferences") to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.

EverKard Payments Terms of Service

EverKard provides Live Digital Business Card exchange services to users around the world. Payments is a “Service” as defined in the EverKard Terms, and the following EverKard Payments Terms of Service (“Payments Terms”) supplement the Terms and apply to your use of Payments. You agree to the Payments Terms when you use Payments

About our payment service

About

Payments is a service we provide through, and in coordination with, designated Payment Service Providers. We provide a convenient platform that enables you to submit transaction instructions to payment service providers for processing via an API. We are not a licensed financial institution, do not receive, transfer, or store any funds in connection with Payments, and are not responsible for API service interruptions or acts or omissions of payment service providers or banks including the payment, settlement, and clearance of funds. You have a separate relationship with your bank regarding your bank account, and EverKard has no affiliation with your bank in this respect.

Age

You must be at least 18 years old to use Payments.

Credits

We may credit your bank account for purposes including rewards and special offers.

Fees and Taxes

You must pay any applicable fees arising out of your use of Payments, including any overdraft, transaction, or other fees charged by your bank, payment service providers, or EverKard. You must comply with applicable tax laws in connection with your use of Payments, including reporting and payment of any taxes related to transactions made through Payments and any income received from such transactions. EverKard is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or other tax arising from any transaction you complete using Payments.

Use of payments

Payment Amount.

You are responsible for the total payment amount. You must ensure that you have sufficient funds in your bank account before executing any transaction through Payments. Your payment will not be sent if the payment service provider or your bank determines that your bank account lacks sufficient funds to cover the entire transaction amount.

Purchase Transactions.

If you use Payments to pay for goods or services, you agree to make legitimate purchases and to be bound by any terms of the sale. We have no responsibility for any goods or services purchased using Payments, including for any claims, damages, losses, liabilities, chargebacks or disputes associated with transactions. We make no warranties of any kind, express or implied, with respect to any products or services purchased using payments.

Payments Transactions Are Final.

Once you submit a payment, it is final. EverKard does not provide refunds or facilitate chargebacks. EverKard is not liable for any unauthorized transactions. We assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender.

Business Use of Payments.

If you are a business and use our Services, you must comply with all applicable laws associated with your use of our Services, including Payments. You must clearly disclose any applicable terms and fees to your customers and promptly fulfill any goods or services you sell using Payments in accordance with any sale terms and applicable laws. EverKard is not a party to the transaction.

Other

If there is any conflict between these Payments Terms and the Terms, these Payments Terms control solely with respect to your use of Payments and only to the extent of the conflict. We may amend or update these Payments Terms. We will provide you notice of amendments to our Payments Terms, as appropriate, and update the “Last Modified” date at the top. Your continued use of Payments confirms your acceptance of our Payments Terms, as amended. If you do not agree to our Payments Terms, as amended, you must stop using Payments. Please review our Payments Terms from time to time.

 

Updates To Our Policy

We will notify you before we make changes to this Payments Privacy Policy and give you the opportunity to review the revised Payments Privacy Policy before you choose to continue using Payments.

Contact us

Please enter your name.
Please enter a subject.
Please enter a message.