Terms and Conditions for WalliCards

Last Updated: August 21, 2024

1. Acceptance of Terms
By accessing or using WalliCards, you agree to be bound by these terms. If you do not agree with any part of these terms, you may not use our services.

2. Definitions
*  "Account User" means an individual who is authorized by Customer to use the Service.
*  "Service" means the WalliCards software as a service product built, maintained and released by MiratoDev AB, including the WalliCards web application and any associated APIs or SDKs, but excluding Third Party Applications.
*  "Customer" means the company or other legal entity on behalf of which you are accepting this Agreement.
*  "Customer Data" means electronic data and content submitted by or for Customer, or processed by, the Service.
*  "End User" means any individual who receives or interacts with a Pass issued through the Service.
*  "Malicious Code" means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
*  "Notification" means any communication with End Users made by or for Customer via the Service in connection with a Pass.
*  "Pass(es)" means one or more digital passes issued through the Service for use in Google Wallet, Apple Wallet, or both.
*  "Prohibited Data" means: (a) government issued ID numbers such as passport numbers, taxpayer numbers, driver's license numbers, (b) individual medical or health information (including without limitation, protected health information under HIPAA), (c) individual financial information or account numbers (including without limitation, credit or debit card numbers or bank account numbers), (d) security codes or passwords (other than passwords for Customer's account on the Service), or (e) any other sensitive personal data protected under applicable privacy laws.
*  "Third Party Applications" means third-party Web-based or offline software applications that interoperate with the Service, including but not limited to Google Wallet and Apple Wallet.
*  "You" or "Your" means the company or other legal entity on behalf of which you are accepting this Agreement, and which is the Customer of the Service.

3. Service Description
WalliCards is a SaaS platform built, maintained and released by MiratoDev that enables You to issue digital member/customer cards (Passes) that Your End Users can store in Google Wallet and Apple Wallet apps. The Service allows You to communicate directly with Your End Users through these digital Passes via Notifications. WalliCards

4. Use of Service
4.1 Authorized Use: You may use the Service only for lawful purposes and in compliance with this Agreement, any applicable laws, and the terms of service of both Google Wallet and Apple Wallet.
4.2 Account Users: You are responsible for all activities conducted through Your account on the Service. You shall ensure that all Account Users comply with the terms of this Agreement.
4.3 Usage Restrictions: You shall not (a) make the Service available to anyone other than authorized Account Users, (b) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (c) use the Service to store or transmit Malicious Code, (d) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (e) attempt to gain unauthorized access to the Service or its related systems or networks, or (f) use the Service to collect, transmit, or process any Prohibited Data.
4.4 Third Party Applications: The Service enables You to create Passes for use with Third Party Applications, specifically Google Wallet and Apple Wallet. You are responsible for complying with any terms and conditions applicable to these Third Party Applications.
4.5 Notifications: You are solely responsible for the content of any Notifications sent through the Service. You shall ensure that all Notifications comply with applicable laws and do not contain any Malicious Code.

5. Customer Data and Privacy
5.1 Ownership of Customer Data: You retain all right, title and interest in and to Your Customer Data. You grant WalliCards a license to host, copy, transmit and display Your Customer Data as necessary for WalliCards to provide the Service in accordance with this Agreement.
5.2 Use of Customer Data: WalliCards will not access, use, or disclose Customer Data except as necessary to provide the Service or as required by law.
5.3 Prohibited Data: You shall not submit any Prohibited Data to the Service. WalliCards shall have no liability for any Prohibited Data submitted to the Service in violation of this Agreement.
5.4 Privacy: Our Privacy Policy governs our collection and use of personal information. By using the Service, You agree to our collection, use and disclosure of personal information in accordance with our Privacy Policy.

6. End Users and Passes
6.1 End User Relationships: You are solely responsible for Your relationships with End Users, including obtaining any necessary consents for the issuance of Passes and sending of Notifications.
6.2 Pass Content: You are solely responsible for the content and accuracy of all Passes issued through the Service.

7. Proprietary Rights
7.1 Reservation of Rights: Subject to the limited rights expressly granted hereunder, WalliCards reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
7.2 Feedback: If You provide any suggestions, enhancement requests, recommendations or other feedback, You hereby grant WalliCards a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any such feedback into the Service or WalliCards's business.

8. Confidentiality
Each party agrees to protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information, but in no event less than reasonable care. Confidential Information includes, but is not limited to, Customer Data and any non-public aspects of the Service.

9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WALLICARDS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PASSES CREATED THROUGH THE SERVICE WILL BE ACCEPTED OR FUNCTION CORRECTLY IN GOOGLE WALLET, APPLE WALLET, OR ANY OTHER THIRD PARTY APPLICATION.

10. Limitation of Liability
IN NO EVENT SHALL WALLICARDS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WALLICARDS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES.

11. Term and Termination
11.1 Term: This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.
11.2 Termination: WalliCards may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, including but not limited to for violation of this Agreement or submission of Prohibited Data.
11.3 Effect of Termination: Upon termination, You will no longer have access to the Service. WalliCards will make Customer Data available for export for a period of 30 days after termination.

12. Compliance with Third Party Terms
You agree to comply with any applicable terms of service, developer agreements, or other legal agreements governing the use of Google Wallet, Apple Wallet, or any other Third Party Applications used in conjunction with WalliCards.

13. General Provisions
13.1 Governing Law: This Agreement shall be governed by the laws of Sweden, without regard to choice or conflict of law rules.
13.2 Assignment: You may not assign any of Your rights or obligations hereunder without WalliCards's prior written consent. WalliCards may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
13.3 Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, labor disputes, industrial disturbances, electricity outages, operating system failures, or other force majeure events.
13.4 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

By using WalliCards, You acknowledge that You have read these Terms of Service, understood them, and agree to be bound by them. If You do not agree to these Terms of Service, You are not authorized to use the Service. We reserve the right to change these Terms of Service at any time, so please review them frequently.

Thank you for choosing WalliCards!