Welcome to the SmartCard mobile application (“App”), provided by SmartCard SOLUTIONS LLC, a limited liability company organized under the laws of the State of Texas, with its principal place of business in Austin, Texas (“SmartCard,” “we,” “us,” or “our”). SmartCard enables you (“you” or “user”) to securely store, manage, and access payment instruments, identification details, and related account information. By downloading, installing, accessing, or using SmartCard, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USING THE APP IMMEDIATELY AND UNINSTALL IT FROM YOUR DEVICE.
1.1 Minimum Age: You must be at least 10 years old to use SmartCard. If you are under 18, you may only use the App under the direct supervision and with the express consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you do not have such consent, you are not authorized to use SmartCard
1.2 Legal Authority: By using SmartCard, you represent and warrant that (a) you meet the minimum age requirement above; (b) if under 18, your parent or legal guardian has reviewed and agreed to these Terms; and (c) you have the right, authority, and capacity to enter into these Terms and to comply with all applicable laws, rules, and regulations.
1.3 No Prohibited Users: SmartCard may restrict or prohibit use in certain jurisdictions or by persons subject to sanctions or export controls. By using the App, you represent that you are not located in, under the control of, or a national or resident of any country or entity subject to U.S. or other economic sanctions or prohibited from using the App by applicable law.
2.1 Account Creation: You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information and to update it as necessary.
2.2 Credentials: You are fully responsible for maintaining the confidentiality of your login credentials. Any actions taken under your account will be presumed authorized by you. You assume all liability for activities that occur under your account due to your failure to safeguard your credentials.
2.3 Unauthorized Access: If you suspect unauthorized use of your account, you must notify us immediately. We disclaim all liability arising from unauthorized account access resulting from your failure to protect your login credentials.
2.4 No Fiduciary Duty: Your use of SmartCard does not create any fiduciary relationship. We are not your trustee, financial advisor, or fiduciary.
3.1 Personal Data: By using SmartCard, you consent to our collection, storage, processing, and use of your personal information (e.g., name, email) in accordance with our Privacy Policy and applicable data protection laws, including without limitation the GDPR where applicable.
3.2 Payment Information: You may store sensitive payment details within SmartCard. We employ industry-standard encryption measures to secure your data, but no method of storage or transmission is entirely secure. You acknowledge these inherent risks and agree that we are not liable for unauthorized access to or misuse of your payment data.
3.3 No Sale of Data: We do not sell or rent your personal information to unauthorized third parties for direct marketing. We may share data with service providers, affiliates, or as otherwise permitted by law or these Terms, and you expressly consent to such sharing.
3.4 Data Retention: We retain data as necessary for legal, regulatory, security, and legitimate business purposes. You understand that cross-border data transfers may occur, and it is your responsibility to comply with all laws applicable to you.
3.5 Disclaimer on Security: We will use reasonable efforts to protect your data, but cannot guarantee absolute security. You agree we are not liable for any unauthorized alteration, access, or deletion of your data. Maintaining backup copies of important data outside the App is your responsibility.
4.1 No Direct Transactions in App: SmartCard does not process financial transactions within the App. All transactions occur on external platforms or websites over which we have no control.
4.2 Third-Party Content: We may present promotions, offers, discounts, loyalty points, referrals, or advertisements from third parties. We do not endorse, guarantee, or assume liability for such third-party content or their terms. Your dealings with third parties are at your sole risk.
4.3 Currency and International Use: If you engage in cross-border transactions, you acknowledge that exchange rates fluctuate, and additional fees may apply. We are not liable for currency conversion issues or related losses.
5.1 Optional Premium Services: Certain features (e.g., card insurance, card unlinking) may require fees. Fees will be disclosed before purchase, and by proceeding, you agree to pay all associated amounts
5.2 No Guaranteed Refunds: Unless explicitly stated, fees are non-refundable. You agree to follow any published refund or dispute resolution procedures.
5.3 Fee Changes: We may change or introduce fees at any time. Continued use of premium features after notice of fee changes constitutes your agreement to the modified fees.
6.1 Our IP: All intellectual property rights in SmartCard, including text, graphics, logos, software, and trademarks, belong exclusively to SmartCard SOLUTIONS LLC or its licensors.
6.2 User-Generated Content: You retain ownership of your user-generated content (e.g., custom card nicknames), but grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and distribute such content for the operation and improvement of SmartCard.
6.3 Feedback: Any suggestions or feedback you provide become our property, and we may use them without obligation to you.
6.4 No Reverse Engineering: You must not reverse-engineer, decompile, or create derivative works of the App’s software.
7.1 Compliance with Laws: You shall not use SmartCard for any illegal, fraudulent, or prohibited activities, including money laundering or purchasing prohibited items.
7.2 Malicious Activities: You shall not introduce malware, disrupt services, or attempt to compromise the security or functionality of SmartCard or related systems.
7.3 No Circumvention: You shall not circumvent or interfere with security-related features or technical restrictions of the App.
8.1 Our Right to Terminate: We may suspend, restrict, or terminate your account at any time without notice or liability if we believe you have violated these Terms, engaged in unlawful activities, or pose a risk to us or other users.
8.2 Expired Payment Methods and Inactivity: We may remove or request updates to invalid or expired payment methods. Inactive accounts may be closed and their data removed or anonymized without liability to us.
8.3 User-Initiated Deletion: You may request deletion of your account. We will remove personal data as required by law and our retention policies. Residual data may remain in backups or as legally required.
9.1 AS IS, AS AVAILABLE: SMARTCARD IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 No Guarantee of Uptime: We do not warrant that SmartCard will be uninterrupted, secure, or error-free. You assume full responsibility for any loss arising from your use of SmartCard.
9.3 No Professional Advice: Information provided by SmartCard is for general informational purposes only and does not constitute financial, legal, or professional advice.
10.1 No Indirect Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OFFICERS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, OR GOODWILL.
10.2 Cap on Liability: OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU FOR PREMIUM FEATURES IN THE PRECEDING 12 MONTHS OR ONE HUNDRED U.S. DOLLARS (USD 100).
10.3 Third-Party Liability: We disclaim liability for third-party actions, content, or transactions facilitated by or accessed through SmartCard.
10.4 Allocation of Risk: These limitations are a fundamental part of the bargain and survive even if a remedy fails its essential purpose.
11.1 Your Obligation to Indemnify: You agree to defend, indemnify, and hold harmless SmartCard SOLUTIONS LLC, its affiliates, and respective officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses arising from (a) your breach of these Terms; (b) your misuse of SmartCard; (c) your violation of law; or (d) your infringement of any third-party right.
11.2 No Settlement Without Consent: You shall not settle any indemnified claim without our prior written consent.
12.1 Compliance with Legal Requests: We may disclose information as required by law, regulation, legal process, or governmental request, or to protect our rights, safety, and property or that of others.
12.2 Change of Ownership: In the event of a merger, acquisition, sale of assets, or bankruptcy, your data and these Terms may be transferred to a successor entity bound by these or substantially similar terms.
13.1 No Liability for External Events: We are not liable for any failure to perform or delay due to events beyond our reasonable control, such as acts of God, natural disasters, war, terrorism, labor disputes, or internet failures.
14.1 Governing Law: These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Texas and applicable U.S. federal law, without regard to conflict of law principles.
14.2 Binding Arbitration: Any dispute arising out of or relating to these Terms or SmartCard shall be resolved exclusively through final and binding arbitration. By agreeing to these Terms, you waive the right to a trial by jury.
14.3 No Class Actions: Disputes must be resolved on an individual basis. You waive any right to participate in class, consolidated, or representative actions.
15.1 Severability: If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remainder will remain in full force and effect.
15.2 No Waiver: Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
16.1 Integration: These Terms, along with our Privacy Policy and any referenced policies, constitute the entire agreement between you and SmartCard SOLUTIONS LLC regarding the App, superseding any prior agreements or communications.
17.1 Support: For questions or concerns about these Terms, please contact our support team through the contact details provided within the App or on our official website.
By accessing or using SmartCard, you acknowledge that you have read, understood, and voluntarily agreed to be bound by these Terms. Your continued use of SmartCard after any modifications to these Terms indicates your acceptance of the revised Terms. Thank you for using SmartCard.