Terms of Service
1. Introduction
These Terms of Service (“Terms”) govern access to and use of Smart Business Card,
including SmartBusinessCard.ca, Smart Business Card digital profiles, QR codes,
account dashboards, analytics, lead-capture functionality, mobile applications,
software, and related products and services (collectively, the
“Service”).
Smart Business Card is a product developed and operated by:
Veena Rita Vivian Dmello, carrying on business as Social Master and Boost Local Business
(“Boost Local Business,” “Smart Business Card,” “we,” “us,” or “our”).
References to a Smart Business Card “App” or “mobile application” include any
Smart Business Card application that we may make available now or in the future
for iOS, Android, or other platforms.
Not all features described in these Terms are necessarily available at all times.
Features may be introduced, modified, or discontinued as the Service evolves.
By purchasing, registering for, downloading, installing, accessing, or using the
Service, you agree to these Terms.
If you use the Service on behalf of a business or organization, you represent
that you have authority to accept these Terms on its behalf.
2. Description of the Service
Smart Business Card provides digital networking and business-card functionality
that may include:
- digital business profiles;
- unique or dynamic QR codes;
- contact information sharing;
- downloadable or saveable contact information;
- website and social media links;
- booking and communication links;
- lead-capture functionality;
- profile customization;
- QR scan analytics;
- visitor and engagement analytics;
- account management tools;
- web-based dashboards;
- mobile applications;
- QR code scanning;
- notifications; and
- other related features.
Features may differ depending on the subscription, platform, device, package,
geographic location, account type, or product purchased.
3. Accounts
Certain features require an account.
You agree to provide accurate and current information and to update that
information when reasonably necessary.
You are responsible for safeguarding your login credentials, activity occurring
through your account, restricting unauthorized access, maintaining current
account information, and notifying us promptly if you suspect unauthorized access.
We may rely on actions performed through an authenticated account as having been
authorized by the account holder unless we have reason to believe otherwise.
4. Your Smart Business Card
You control the business and professional information you submit for publication
on your Smart Business Card.
You understand that information published on your Smart Business Card is intended
to be shared and may become publicly accessible when your profile URL is visited
or QR code is scanned.
You are responsible for determining what information you publish.
You represent that you have all rights, permissions, and consents necessary to
publish information, photographs, logos, trademarks, links, videos, business
materials, and other content you provide.
5. Mobile Applications
Smart Business Card may provide mobile applications through third-party
application stores or other authorized distribution channels.
Use of an App may require a compatible mobile device, internet connectivity,
supported operating-system version, and permissions necessary for particular
features.
Certain App functionality may request access to device features such as the
camera, photographs or media, notifications, or contact-related functionality.
You may control applicable permissions through your device settings, subject to
the capabilities of your operating system.
Disabling required permissions may cause some features to become unavailable or
function differently.
Your use of an App may also be subject to applicable terms imposed by the
platform or application store through which the App is distributed.
6. QR Codes
Smart Business Card may provide a QR code linked to your digital business card.
Where a dynamic QR code is provided, you may generally update the underlying
profile information without changing the QR code.
You are responsible for correctly reproducing, printing, displaying, and testing
your QR code before using it on physical or digital materials.
We recommend testing a QR code before mass-printing business cards, signage,
packaging, vehicle graphics, brochures, merchandise, or other materials.
We are not responsible for printing, manufacturing, installation, replacement,
or related costs arising from incorrectly printed QR codes, altered or damaged
QR codes, insufficient print quality, unsuitable sizing or placement, third-party
printing errors, changes made by a user, discontinued accounts, or circumstances
outside our reasonable control.
7. QR Code Availability
We use reasonable efforts to maintain the availability of active Smart Business
Card profiles and associated QR codes.
However, no website, mobile application, hosting platform, network, software
service, or internet-connected system can guarantee uninterrupted availability.
QR codes or profiles may temporarily or permanently become unavailable due to
maintenance, outages, security incidents, internet failures, third-party service
failures, account suspension, non-payment, termination, or circumstances beyond
our reasonable control.
Marketing descriptions such as “never expires,” “one QR code forever,” or similar
language refer to the ability to continue using the same QR code while an eligible
Smart Business Card Service remains active and supported. Such descriptions do
not constitute a guarantee of perpetual hosting or uninterrupted availability.
8. Analytics
Certain plans may provide analytics such as QR code scan counts, profile views,
approximate visitor locations, link clicks, device statistics, engagement
information, and related performance information.
Analytics are provided for informational purposes.
Analytics may be affected by privacy technologies, network configurations,
browser settings, bots, caching, VPNs, proxies, device configurations, blocked
scripts, or other technical factors.
We do not guarantee that analytics will be complete, perfectly accurate, or
representative of every interaction.
9. Lead Capture
Some Smart Business Cards may allow visitors to submit contact information or
inquiries.
If you use lead-capture functionality, you are responsible for your subsequent
collection, storage, communication, marketing, and use of those leads.
You agree to comply with applicable privacy, anti-spam, consumer-protection, and
marketing laws.
Availability of lead-capture functionality does not authorize unsolicited or
unlawful commercial communications.
10. Fees and Subscriptions
Smart Business Card plans may be offered on an annual, monthly, one-time,
promotional, or other disclosed billing basis.
The applicable price, taxes, and billing period will be disclosed at purchase or
through the applicable order, invoice, proposal, or subscription information.
Unless otherwise stated, prices displayed by Smart Business Card are in Canadian
dollars.
11. Payment Processing – Stripe
Payments for Smart Business Card are processed through
Stripe, an independent third-party payment service provider.
Smart Business Card and Boost Local Business do not store complete payment
card numbers, CVV/CVC security codes, or other sensitive payment-card
credentials.
Payment information entered during checkout is provided to and processed by Stripe.
By making a payment through Stripe, you acknowledge and agree that your payment
transaction is also subject to Stripe’s applicable terms, conditions, privacy
policy, and payment-processing requirements.
Stripe is responsible for processing payment-card information submitted through
its payment services in accordance with its applicable agreements and policies.
Smart Business Card may receive transaction-related information from Stripe,
including transaction identifiers, payment status, subscription status, amount
paid, currency, renewal information, and limited billing or payment-method
information necessary to administer the Service.
Your obligations under these Terms remain separate from your relationship with
Stripe.
12. Automatic Renewal
Where a subscription is identified as automatically recurring, it may renew for
successive billing periods until cancelled.
By purchasing an automatically renewing subscription, you authorize Stripe to
process recurring charges using the payment method associated with your payment
arrangement, subject to Stripe’s applicable terms and the subscription terms
presented to you.
To prevent a future renewal, cancellation must be requested before the applicable
renewal is processed.
Cancellation ordinarily takes effect at the end of the current paid subscription
period.
13. Cancellation and Refunds
You may cancel a recurring Smart Business Card subscription to prevent future
renewals.
Except where applicable law requires otherwise, fees already paid for an active
subscription period, setup work, customized services, digital products already
delivered, or third-party costs are non-refundable.
Cancellation does not ordinarily result in a prorated refund for the unused
portion of an existing billing period.
Nothing in these Terms limits a refund, cancellation, warranty, or consumer right
that cannot legally be waived.
14. Expiration or Termination
When a subscription expires or is terminated:
- the public Smart Business Card may become unavailable;
- its QR code may stop resolving to an active profile;
- analytics may cease;
- account or App access may be restricted;
- lead-capture functionality may stop operating; and
- associated data may eventually be deleted in accordance with our retention practices.
Users are responsible for maintaining copies of information or analytics they
wish to retain.
We are not responsible for costs associated with replacing printed or physical
materials containing a QR code after an account has expired, been terminated, or
otherwise become inactive.
15. Acceptable Use
You must not use the Service to:
- violate applicable law;
- impersonate another person or organization;
- publish information you are not authorized to use;
- infringe intellectual-property, privacy, or other rights;
- distribute malware or malicious content;
- conduct phishing, fraud, or deceptive activity;
- facilitate spam or unlawful commercial messaging;
- harass or threaten others;
- publish unlawful content;
- interfere with the operation or security of the Service;
- attempt unauthorized access to accounts, systems, APIs, applications, or data;
- bypass usage restrictions or security controls;
- scrape or harvest information in an unauthorized manner; or
- use the Service in a manner reasonably likely to harm Smart Business Card, Boost Local Business, another user, or a third party.
We may investigate, restrict, suspend, or terminate activity that reasonably
appears to violate these Terms or creates a security, legal, or operational risk.
16. User Content
You retain ownership of content you provide to Smart Business Card.
By providing content, you grant us a non-exclusive licence to host, store,
reproduce, resize, format, display, transmit, synchronize, and otherwise process
that content as reasonably necessary to provide and operate the Service across
websites, applications, devices, and related systems.
This licence continues only as reasonably necessary to operate the Service and
satisfy legitimate legal, security, backup, and recordkeeping requirements.
17. Intellectual Property
Smart Business Card, including its software, applications, platform, dashboard,
designs, layouts, source and object code, QR infrastructure, branding,
documentation, processes, technology, and related intellectual property, is
owned by or licensed to Boost Local Business.
Purchasing or subscribing to Smart Business Card does not transfer ownership of
the underlying software, applications, code, infrastructure, trademarks, or
other intellectual property.
You receive a limited, non-exclusive, non-transferable right to use the Service
during the applicable service period in accordance with these Terms.
18. Third-Party Services
The Service may integrate with or link to third-party services, including social
networks, websites, messaging platforms, booking systems, maps, analytics
providers, payment providers, application stores, and other external platforms.
Third-party services are governed by their own terms and privacy policies.
We are not responsible for a third party’s availability, security, functionality,
content, policies, account restrictions, outages, data practices, or other acts
or omissions.
19. Service Changes and Future Features
Smart Business Card is an evolving product.
We may modify, improve, replace, add, or discontinue features, including features
available through our website, dashboard, APIs, QR code system, or mobile
applications.
References in these Terms to a particular feature do not constitute a promise
that the feature is currently available or will be introduced or maintained
indefinitely.
We may change technical infrastructure or third-party providers as reasonably
necessary to operate, secure, develop, or improve the Service.
20. Service Availability
We use reasonable efforts to provide a reliable Service but do not guarantee
uninterrupted, error-free, or continuous availability.
Maintenance, software updates, application updates, hosting issues, cybersecurity
incidents, internet outages, third-party failures, events beyond our reasonable
control, or other circumstances may affect availability.
Any uptime figures displayed in marketing materials represent service targets or
historical measurements unless expressly identified as a contractual service-level
agreement.
21. No Guarantee of Business Results
Smart Business Card is intended to help businesses and professionals share
information, facilitate networking, and understand engagement.
We do not guarantee leads, sales, customers, appointments, conversions, revenue,
engagement levels, QR code scan volumes, or any particular business outcome.
22. Privacy
Our collection and handling of personal information through Smart Business Card
is described in the Smart Business Card Privacy Policy.
Users who receive information from their customers, prospects, employees,
visitors, or other individuals through the Service remain responsible for their
own privacy and data-protection obligations.
23. Security
We use reasonable measures intended to protect the Service and information
handled through it.
No internet-connected system, mobile application, website, or electronic storage
system can be guaranteed to be completely secure.
You are responsible for maintaining appropriate security for your devices,
credentials, accounts, links, and information.
24. Suspension and Termination
We may suspend or terminate access for non-payment, violation of these Terms,
fraudulent or unlawful activity, misuse of the Service, security risks,
infringement of third-party rights, abuse of our systems, loss of a required
third-party service, or conduct that reasonably exposes us or others to harm or
liability.
Where reasonably practicable, we may provide notice and an opportunity to resolve
a remediable issue.
25. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Service is provided on an
“as is” and “as available” basis.
We do not warrant that the Service will be uninterrupted, completely secure,
error-free, compatible with every device or operating system, or continuously
available.
Nothing in these Terms excludes a warranty, condition, or right that cannot
legally be excluded.
26. Limitation of Liability
To the fullest extent permitted by applicable law, Smart Business Card, Boost
Local Business, Social Master, and their service providers will not be liable for
indirect, incidental, special, exemplary, punitive, or consequential damages,
including loss of profits, revenue, opportunities, goodwill, business, data, or
anticipated savings arising from the Service.
To the fullest extent permitted by law, our aggregate liability arising from a
Smart Business Card account or Service will not exceed the fees paid or payable
for that Service during the twelve months immediately preceding the event giving
rise to the claim.
These limitations do not apply to liability that cannot legally be limited or
excluded.
27. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold
harmless Smart Business Card, Boost Local Business, Social Master, and their
service providers from third-party claims, losses, liabilities, and reasonable
costs arising from content you provide or publish, infringement of another
person’s rights, your products or services, your unlawful or unauthorized use of
the Service, or your material violation of these Terms.
28. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal
laws of Canada applicable in Ontario, without regard to conflict-of-law principles.
Before commencing formal proceedings, the parties should attempt in good faith to
resolve disputes through written notice and reasonable discussion.
Subject to rights that cannot legally be waived, disputes will be subject to the
jurisdiction of the courts of Ontario.
29. Changes to These Terms
We may update these Terms to reflect changes in the Service, mobile applications,
technology, law, providers, pricing structures, security requirements, or
business practices.
The current Terms will display the most recent revision date.
Where appropriate or legally required, material changes may be communicated
through the website, App, email, or other reasonable means.
30. Relationship With Boost Local Business
Smart Business Card is a product developed and operated by
Boost Local Business.
These Terms specifically govern Smart Business Card.
If you purchase additional services from Boost Local Business, those services may
also be governed by applicable Boost Local Business terms, proposals, statements
of work, invoices, or other agreements.
Where a specific written agreement governing a Smart Business Card purchase
conflicts with these Terms, that agreement will control with respect to the
subject matter of that conflict.
31. General Provisions
If any provision of these Terms is found unenforceable, it will be modified only
to the minimum extent necessary, and the remaining provisions will remain in
effect.
Failure to enforce a provision does not waive our right to enforce it later.
These Terms, together with the Smart Business Card Privacy Policy and any
applicable order, invoice, proposal, subscription terms, or written service
agreement, constitute the agreement governing use of the Service.
32. Contact
Questions regarding these Terms may be directed to:
Veena Rita Vivian Dmello
Smart Business Card / Boost Local Business
32 Peacock Trail
Alliston, Ontario L9R 0T8
Canada
Email:
[email protected]
Smart Business Card:
SmartBusinessCard.ca
Boost Local Business:
BoostLocalBusiness.ca
Smart Business Card is a product of Boost Local Business.