Terms of Service

Effective: October 29, 2024

1. General

1.1 Scope

These Terms of Service govern the use of the service DigiBusinessCard (hereinafter referred to as "Service"), which is operated by palmstudio GmbH (hereinafter referred to as "Provider"). By using the Service, you accept these Terms of Service.

1.2 Provider's Contact Information

palmstudio GmbH
Pfalzgrafenstraße 38
67434 Neustadt
Germany
support@digibusinesscard.net
+49 175 6636977
HRB 69525
DE364046229
Represented by: Benedikt Falkenstein

2. Description of Services

2.1 Scope of Service

The Service enables the creation of digital business cards as passes for Apple Wallet and Google Wallet. The digital business card may contain the following elements:

  • Personal contact information
  • (Company) logo
  • QR code with vCard data
  • Additional optional information chosen by the user

2.2 Technical Requirements

The use of the Service requires:

  • A current web browser
  • A valid email address
  • For the use of passes: a compatible device with Apple Wallet or Google Wallet

3. Contract Formation and Payment Terms

3.1 Contract Formation

  • The contract is formed upon the ordering and payment of a digital business card.
  • All displayed prices are final prices including applicable VAT.
  • There is no entitlement to a contract.
  • Refunds are generally excluded unless the Provider does not provide the Service.

3.2 Payment Terms

  • Payment is made in advance through the payment provider Stripe.
  • The digital business card is created after successful payment processing.
  • The prices in effect at the time of order apply.
  • Costs for chargebacks or credit card reversals are borne by the user if they result from incorrect information.

4. User Obligations

4.1 Lawful Use

The user agrees to:

  • Not provide false or misleading information.
  • Not use any unlawful, offensive, or objectionable content.
  • Not infringe third-party rights (particularly copyright, trademark, and personal rights).
  • Not misuse the provided services.
  • Not use automated bots or scripts to generate requests.
  • Not attempt to manipulate or reverse-engineer the Service to replicate or misuse its functionality.

4.2 Rights to Content

The user guarantees that they have all necessary rights to the uploaded content (particularly logos and images) as well as the information provided and indemnifies the Provider from all third-party claims.

5. Provider's Rights and Obligations

5.1 Service Availability

  • The Provider strives to make the Service available 24/7.
  • There is no entitlement to continuous availability.
  • Maintenance and updates may lead to temporary restrictions.
  • The Provider reserves the right to modify or discontinue the Service at any time.

5.2 Quality Assurance

The Provider reserves the right to:

  • Review and, if necessary, reject content.
  • Remove content in case of violations of these Terms of Service.
  • Suspend users in case of serious violations.

5.3 Sanctions for Violations

  • The Provider may impose a temporary suspension or permanent termination of access to the Service if the user violates these Terms of Service.
  • In cases of serious misuse that results in economic damage, the Provider reserves the right to charge inspection and legal costs to the user.

6. Liability

6.1 Provider's Liability

  • The Provider is fully liable for intent and gross negligence.
  • For slight negligence, the Provider is only liable for breaches of essential contractual obligations and limited to foreseeable damage.
  • Liability for data loss is limited to typical restoration costs.
  • Liability under the Product Liability Act remains unaffected.

6.2 Exclusion of Liability

The Provider is not liable for:

  • The content and accuracy of the information provided by the user.
  • Compatibility issues with Apple or Google Wallet systems.
  • Damage caused by force majeure or technical disruptions outside the Provider’s control.
  • Damages caused by the user's fault (e.g., loss of the digital business card by the user).
  • Access by unauthorized third parties if the user shares or publicly distributes the digital business card.

7. Data Retention and Deletion

7.1 Retention Period

  • Apple Wallet passes are available for download for 30 days.
  • User data is stored for one year after creation.
  • Data related to incomplete payments is deleted at the end of the day.
  • Invoice data is stored in accordance with statutory retention periods.

7.2 Deletion

  • The user may request the deletion of their data at any time.
  • Prior to deletion, verification, such as through customer ID or pass ID, is required to ensure the request is authorized.
  • After complete deletion, data or card recovery is not possible.

8. Changes to the Terms of Service

  • The Provider reserves the right to change these Terms of Service at any time.
  • Continued use of the Service after the changes take effect will be considered acceptance of the changes.
  • The user will be actively notified of changes via email, provided a valid email address is on file.

9. Final Provisions

9.1 Severability Clause

If individual provisions of these Terms of Service are or become invalid, the validity of the remaining provisions shall remain unaffected.

9.2 Governing Law and Jurisdiction

  • The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  • The exclusive place of jurisdiction for all disputes, where legally permissible, is Ludwigshafen am Rhein.
  • For consumers, the statutory jurisdiction applies.

9.3 Alternative Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

  • Legal Consequences of Misuse: In the event of violations of these Terms of Service or attempts to misuse the Service, the Provider reserves the right to immediately block the user's access and take legal action.

10. Contact

For questions about these Terms of Service, please contact:
support@digibusinesscard.net