Terms of Use
This is a translation. The binding version is the Polish original.
In short
- Vizicard is a free app for digital business cards – with no ads and no accounts. Cards created outside a Company are free, with no limits and no end date. Only a Pack is paid for – a monthly subscription bought in the Store for a Company, for the number of people you choose, to whom the Company gives Employees’ Cards and Access Passes to all its Offices. Without a paid Pack, Employees’ Cards are switched off in the App and Access Passes stop working.
- Cards, Companies and Scanned Cards are stored on your phone and – if you turn on iCloud sync or Google backup yourself – also in your Apple or Google account. We have no access to them and make no copies. Without such a copy, deleting the App deletes them for good.
- We create an Apple Wallet or Google Wallet pass from your Card’s data when you ask for it, and we store nothing in the process.
- We sign office Access Passes ourselves, with Office keys derived on our server. The name of the person you issue an Access Pass to is encrypted in the link and in the Access Pass itself – on the server, we keep only the Company’s Pack, the Offices’ details and the Access Pass numbers. You are responsible for the doors and readers.
- You are responsible for the content of your cards and for how you use the details from other people’s business cards that you scan.
- A problem? Write to systems@n3osystem.io – we will reply within 14 days.
This summary is here to make reading easier – the full text below is binding.
1. General provisions
These Terms set out the rules for using the Vizicard mobile app and the vizicard.app website (together: the “Service”). They are the terms and conditions for providing electronic services referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.
The Service is provided by N3O SYSTEM spółka z ograniczoną odpowiedzialnością, with its registered office at Podolszynka Plebańska 19A, 37-418 Krzeszów, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under no. 0001094015, kept by Sąd Rejonowy w Rzeszowie, XII Wydział Gospodarczy KRS, NIP (tax ID) 8652585870, REGON 528062819, share capital 5 000,00 zł (the “Service Provider”, “we”).
Contact us: email systems@n3osystem.io, mailing address: Podolszynka Plebańska 19A, 37-418 Krzeszów, Poland. We reply on business days.
These Terms are available free of charge at vizicard.app/en/terms and in the App, in a form that allows you to download, save and print them.
2. Definitions
- App
- the Vizicard mobile app for iOS and Android, available on the App Store and Google Play.
- Website
- the vizicard.app website: information about the App, the documents, the contact page opened from NFC stickers and cards (vizicard.app/k) and the Access Pass page (vizicard.app/w).
- User (“you”)
- a person who uses the Service.
- Consumer
- a natural person who enters into an agreement with us that is not directly related to their business or professional activity (Article 221 of the Polish Civil Code).
- Entrepreneur with consumer rights
- a natural person running a sole proprietorship who enters into an agreement directly related to that business, where the content of the agreement shows that it is not of a professional nature for them – in particular in light of the business activity entered in the Polish business register (CEIDG).
- Card
- contact and company details together with a photo or logo, a design and a QR code, created in the App and stored on the phone.
- Company, Employee, Employee’s Card
- A Company is a template saved in the App with a logo, color, font, layout and company details, from which the User creates the Cards of team members on the same phone. An Employee’s Card is a Card created in a Company, and an Employee is a person whose Card the User has created in this way. Employees’ Cards work within a Pack (section 12).
- Scanned Card
- the details from another person’s paper business card, read by the App from a photo and checked by the User, saved in the App together with the photo of that card and the text read from it.
- iCloud sync, Google backup
- optional App features, off by default, which – once the User turns them on – keep the App’s data in the User’s own account: in iCloud (iPhone) or in the Google account’s backup (Android) – section 10.
- Wallet Pass
- a Card in the form of an Apple Wallet or Google Wallet pass.
- Pass Service
- our server that creates and signs Wallet Passes at the App’s request.
- Office, Office Administrator
- An Office is a place with a door (e.g. a registered office or a branch) that the User adds to a Company in the App in order to issue Access Passes to it. An Office Administrator is a User whose App holds the admin key of the Company the Office belongs to or the admin key of that Office (section 11).
- Access Pass, Recipient
- An Access Pass is a pass to an Office in Apple Wallet or Google Wallet, issued in a specific person’s name, with a number and a code that is read at the door. A Recipient is a person to whom an Office Administrator has issued an Access Pass – an employee, a co-worker or a guest; they do not need to have the App.
- Access Pass Service
- our server that manages Companies and their Offices, issues, signs, delivers, extends and revokes Access Passes, and verifies purchases of Packs.
- Pack
- a paid subscription for one Company, renewed every month and bought in the App through the Store, for 1, 5, 10, 25 or 50 people to whom the Company gives Employees’ Cards and Access Passes to all its Offices (section 12).
- Store
- the App Store (Apple) or Google Play (Google) – where you download the App and buy Packs.
3. What Vizicard offers
As part of the Service, you:
- create and edit Cards on your phone: contact details, company details (e.g. tax and registration numbers), a photo or logo and a design;
- choose what your Card’s QR code does – save your contact on the phone of whoever scans it, or lead to your website or any link – and show it in full screen; the code has one fixed look in your Card’s colour;
- share Cards: via AirDrop and other system sharing options, as a contact file (.vcf) or as an image;
- write your contact to an NFC sticker or card – a phone that taps it opens the vizicard.app/k page with your contact and a “Save contact” button;
- on Android, hold your phone to another phone – over NFC, your phone passes it the same link to the vizicard.app/k page with your contact;
- add Cards to Apple Wallet and Google Wallet as Wallet Passes (section 6);
- create Companies and Employees’ Cards with a shared design – Employees’ Cards work within a Pack (sections 8 and 12);
- scan other people’s paper business cards: the App reads the details on the phone, and you save them in the App and can add them to your phone’s contacts (section 9);
- can turn on iCloud sync (iPhone) or Google backup (Android) (section 10);
- add Offices to a Company and issue Access Passes for Apple Wallet and Google Wallet to Recipients, opening the door with a QR code or by NFC, and also revoke them and give an installer the reader setup (section 11);
- buy a Pack for a Company, for as many people as you need (section 12).
The Service is free of charge, except for Packs. Cards created outside a Company – with the QR code, sharing, NFC and Wallet Passes – as well as scanning business cards and sync are free and have no end date. Employees’ Cards and Access Passes work only within a paid Pack; you can create a Company without a Pack, but its Employees’ Cards are then switched off (section 8). There is no free trial and there are no ads. You don’t create an account and you don’t sign in.
The Service is intended for people aged 16 or over.
4. Technical requirements and security
To use the Service, you need:
- a smartphone running a version of iOS or Android supported by the current version of the App (the requirements are listed in the Store);
- an Apple ID or a Google account – to download the App from the Store and, if you wish, for iCloud sync (requires iCloud Drive to be on) or Google backup (requires backup to be on in Android settings);
- internet access – only to add a Wallet Pass, to open web pages, for iCloud sync and Google backup, and for Offices, Access Passes and Packs (creating, editing and showing Cards works offline);
- to scan business cards – a camera or a photo of the card on the phone; on Android also Google Play services, which provide the scanner and text recognition;
- to write to NFC – a phone with NFC that supports writing tags, and an NFC sticker or card (e.g. NTAG); to share your contact by holding phones together – an Android phone with NFC. The recipient’s phone needs NFC turned on and a web browser;
- the Recipient of an Access Pass needs an iPhone with Apple Wallet or an Android phone with Google Wallet, and internet access when adding the Access Pass (and later, from time to time, so that it receives extensions and changes). At the door, a QR code or NFC reader or another way of checking Access Passes is needed, which the Office Administrator provides (section 11).
The Website works in current versions of popular browsers.
Using the internet involves risks, including malware and phishing. Keep your phone’s system up to date and protect it with a screen lock – your Cards are stored on the phone. If you use iCloud sync or Google backup, protect your Apple or Google account too (a strong password, two-factor authentication). Remember that people you share a Card with can save it and pass it on, and that a contact written to an NFC sticker or card can be read by anyone who taps it with a phone – even if you lose it.
5. Conclusion and termination of the agreement
- App. The agreement to use the App is concluded when you download and launch the App. It is free of charge and concluded for an indefinite period. You can terminate it at any time, without giving a reason and at no cost, by deleting the App from your phone. The Cards, Companies and Scanned Cards saved in it are deleted from the phone together with the App. If you want to keep them, save them first, e.g. as contact files, or turn on iCloud sync or Google backup (section 10) – the copy in your account does not disappear with the App, and how long it stays is governed by Apple’s or Google’s terms.
- A Wallet Pass is a one-off service free of charge: the agreement is concluded when you choose “Add to Apple Wallet” or “Add to Google Wallet” and performed when the App receives the pass.
- The Access Pass Service – the agreement is concluded when the App sets up the Company in the Access Pass Service (with the first Office or the first purchase of a Pack) and lasts until you delete the Company. The agreement itself is free of charge, but Access Passes work only within a paid Pack. You terminate it by deleting the Company in the App – all its Offices and Access Passes stop working at once; deleting a single Office revokes only its Access Passes. Deleting an Office, the Company or the App does not cancel a Pack – you cancel the subscription in the Store (section 12).
- A Pack is a paid agreement for one Company, concluded for one month and renewed automatically – it is concluded when you confirm the purchase in the Store (section 12).
- A Recipient uses an Access Pass on the basis of arrangements with the Office Administrator; these Terms apply to them as regards the use of the Website (vizicard.app/w) and of the Access Pass itself.
- The Website can be browsed without concluding a separate agreement; its use ends when you close the page.
Leaving the free parts of the Service costs you nothing. If you nevertheless have a statutory right to withdraw from a distance contract, you can exercise it by sending us a statement by email. The right to withdraw from a Pack agreement is described in section 12.
We may stop providing the Service, the Pass Service or the Access Pass Service for a valid reason (e.g. changes in the law, in Apple’s or Google’s terms, or for security reasons), announcing it in the App or on the Website at least 30 days in advance. From that announcement on, Packs can no longer be bought, and paid Packs keep working until the end of the paid period and are not renewed. The Cards on your phone and the passes already added to Wallet will then stay with you. We may also immediately restrict access to the Pass Service or the Access Pass Service for anyone who seriously breaches these Terms, e.g. by sending requests in bulk, creating passes with unlawful content or trying to forge Access Passes.
6. Apple Wallet and Google Wallet passes
- When you choose “Add to Apple Wallet” or “Add to Google Wallet”, the App sends the Card’s data to the Pass Service – for Apple Wallet also the photo or logo and the background photo. The Pass Service creates and signs the pass and sends it back to the App. We process the data only in the server’s memory, for the time it takes to handle that request, and we don’t store it.
- An Apple Wallet pass is stored by Apple on your phone (and in iCloud, if you use it), under Apple’s terms. A Google Wallet pass is created through the Google Wallet API – its content is sent to Google and stored in your Google account, under Google’s terms.
- A pass does not update by itself. When you change your Card, add the pass again. You can remove a pass in the Wallet or Google Wallet app.
- The pass shows the same QR code as the Card; when the code on the Card is turned off, the pass shows a code that saves the contact.
- We may apply technical limits on the number of requests to protect the Pass Service against abuse.
7. Cards and User content
You are responsible for the details on your Card. They should be true and must not infringe the law or the rights of others. Enter another person’s details (e.g. a colleague’s) only when you have a basis for doing so – e.g. their consent or an employer’s authority.
You must not create Cards, QR codes, NFC stickers, Wallet Passes, Offices or Access Passes with unlawful content, in particular content that:
- infringes the personal rights, copyrights, trademarks or personal data of others;
- impersonates other people or companies, including by containing someone else’s company details (e.g. a tax ID or company registration number);
- contains links or QR codes leading to fraud, phishing or malware;
- incites hatred or violence, is pornographic or is otherwise unlawful;
- is unsolicited commercial communication (spam).
You must also not disrupt the Service, circumvent its security, create passes automatically in bulk, forge or alter Access Passes or use the Service in any other way contrary to the law or these Terms.
License. You keep the rights to your content. By adding a Card to Wallet, you grant us a free, non-exclusive license to reproduce your content (e.g. resize your photo) and place it in the pass – only to the extent and for the time needed to create it, without territorial limitation.
Where your data is. Cards, Companies and Scanned Cards are stored in your phone’s memory and – if you turn on iCloud sync or Google backup – also in your Apple or Google account (section 10). We have no access to them, we keep no copies on our servers and we cannot restore them. If you have no copy at all – in iCloud, in Google backup or in a device backup – deleting the App, or losing or breaking your phone, means losing them. The exception is Companies’ Packs and the data of Offices and Access Passes, which the Access Pass Service stores (section 11).
8. Companies and Employees’ data
- In the App, you create a Company (logo, color, font, layout, company details) and, based on it, Employees’ Cards. Changing the Company changes all its Cards on your phone. Companies and Employees’ Cards are stored on that phone (and, with iCloud sync on, also in your iCloud and on your other Apple devices). There are no accounts, invitations or sharing with other people.
- You can show an Employee their Card covered by the Pack, share it with them (e.g. as an image or a contact file), write it to an NFC sticker or add it to Wallet.
- Employees’ Cards and the Pack. Employees’ Cards work within the Company’s Pack (section 12). The App switches off the Cards the Pack does not cover – all of them without a paid Pack, and, when the Pack is too small, those of the people beyond its number of places: it shows them without the QR code and does not let you share them, add them to Wallet, write them to NFC or issue Access Passes from them. They come back when the Pack covers them again. A Pack that is too small covers first the people with working Access Passes, in the same order as the Access Passes (section 11), and then the other Employees, oldest Card first – so a person keeps or loses the Card and the Access Passes together. Cards handed out earlier (contacts, images, Wallet Passes, NFC stickers) stay with the people who received them – we cannot switch them off or delete them.
- When you create Employees’ Cards as part of a business, you are the controller of their personal data. You are responsible for the legal basis for processing it – in particular for the Employee’s consent to the use of their image (photo) where it is required (Article 221a of the Polish Labour Code) – and for informing Employees about the processing (Articles 13 and 14 GDPR). If you turn on iCloud sync or Google backup, Employees’ data also goes to your Apple or Google account – that, too, is your decision.
Data processing for passes and Access Passes (Article 28 GDPR)
If, as a controller, you add an Employee’s Card to Wallet or issue an Access Pass to an Employee or a guest, the Pass Service and the Access Pass Service process their data on your behalf. To that extent, you entrust us with processing the data on the following terms, which form part of these Terms:
- subject matter, nature and purpose: creating and signing a Wallet Pass from the data of the Employee’s Card; issuing, signing, delivering (the link, the vizicard.app/w page, the Apple Wallet or Google Wallet pass), extending, updating and revoking Access Passes, and the list of Access Passes for the reader – on your instructions, which are the buttons in the App (e.g. adding to Wallet, creating or revoking an Access Pass, deleting an Office) and the Recipient opening the link;
- type of data and categories of data subjects: the data on the Employee’s Card (name, job title, business contact details, photo, content of the QR code) and the company details; for Access Passes – the Recipient’s name and, if you provide them, their company and job title, the Access Pass’s number and validity, a random person identifier (used only to count people in the Pack), the way it opens the door (QR code or NFC), the language and – when the Recipient adds the Access Pass to Apple Wallet – the device identifier assigned by Wallet and the push notification token; Employees, co-workers and guests;
- duration: we process Cards’ data only in the server’s memory, for the time it takes to handle the request, and we don’t store it. We don’t store the Recipient’s name, company or job title in the database either: they are encrypted in the link (valid for 14 days) and in the Access Pass itself, and we read them only in the server’s memory when the Recipient opens the link or Wallet fetches a new version of the Access Pass. We keep Access Pass numbers and device registrations until the Office is deleted (also together with its Company) and for a further 30 days after that (section 11); a device registration disappears earlier if the Recipient removes the Access Pass from Wallet;
- our obligations: we process the data only for these purposes and on your documented instructions, ensure confidentiality and the security measures required by Article 32 GDPR (including encrypted connections and encryption of Recipients’ data in links and Access Passes), help you meet your obligations under Articles 32–36 GDPR and respond to requests from Employees and Recipients (in practice we don’t store their names or contact details – you can handle most requests in the App, e.g. by revoking an Access Pass or deleting an Office), notify you of a personal data breach without undue delay where possible (we don’t know your contact details, so we will do so in the App or on the Website), delete the data once the processing ends (the data of Offices and Access Passes – 30 days after the Office is deleted), and on request provide the information needed to demonstrate compliance with Article 28 GDPR;
- sub-processing: you give your general authorization for the use of the providers listed in the Privacy Policy (Vercel – servers of the Pass Service, the Access Pass Service and the vizicard.app website; Cloudflare – the database of the Access Pass Service, stored in the European Union). We impose the same data protection obligations on them and are liable for them as for ourselves. We announce changes of providers by updating the Privacy Policy at least 14 days in advance; you may object and stop using passes for Employees and Access Passes;
- transfers of data outside the EEA are based on the European Commission’s adequacy decision (EU-U.S. Data Privacy Framework) or on standard contractual clauses.
A Google Wallet pass – including an Access Pass – is stored by Google in the Google account of the person who added it, as a separate controller, under Google’s own terms. Notifications of changes to Access Passes in Apple Wallet are delivered by Apple’s notification service (Apple Push Notification service) – we send it only the device token, without the Recipient’s data.
With regard to Recipients of Access Passes, you are the controller of their data: you are responsible for the legal basis (e.g. a legitimate interest in controlling access to the Office) and for informing them about the processing (Articles 13 and 14 GDPR) – including the fact that their data goes to Apple or Google when they add the Access Pass to Wallet.
9. Scanning other people’s business cards
- In the App, you photograph another person’s paper business card with the system document scanner (on iPhone – Apple’s, on Android – Google’s, as part of Google Play services) or choose a photo of it from your library. The App recognizes the text on the phone and fills it into the contact fields.
- Text recognition is not always accurate. Before you save a Scanned Card or add a contact, check the details and correct them if needed.
- A Scanned Card – the contact fields, a reduced photo of the card and all the text read from it – is stored on your phone (and, with iCloud sync or Google backup on, also in your Apple or Google account). It never reaches us. You can change or delete it in the App at any time.
- “Add to contacts” opens the system’s new contact form with the details filled in – you save the contact there yourself. The App does not read your contacts. A contact saved on your phone stays there even after you delete the Scanned Card or the App.
- Other people’s data. A Scanned Card contains the personal data of the person who gave you the card. You decide what you do with it, and you are responsible for that: scan only cards you have received or are otherwise entitled to use, and use the details lawfully – e.g. don’t send unsolicited commercial communications to the addresses on them. When you scan cards in the course of a purely personal or household activity, the GDPR does not apply (Article 2(2)(c) GDPR). When you do it as part of a business or profession, you are the controller of that data and responsible for meeting the GDPR’s obligations – including the legal basis for the processing, informing the people concerned (Article 14 GDPR) and deleting the data when it is no longer needed. We do not process this data – it never reaches us.
10. iCloud sync and Google backup
- iCloud sync (iPhone) is off by default. When you turn it on in the App’s Settings, the App keeps your Cards, Companies and Scanned Cards (with their photos) in a single file in the App’s hidden folder in your iCloud Drive and merges it with the data on your other iPhones and iPads where sync is on. It requires being signed in to iCloud, iCloud Drive turned on and free iCloud storage.
- Google backup (Android) is off by default. When you turn it on, Android’s system backup includes the App’s data and saves it in your Google account; on a new phone with that account, the data comes back together with the App. Android makes the backup by itself – usually once a day, while the phone is charging and on Wi‑Fi – and only if backup is turned on in the phone’s settings.
- The data is then stored by Apple or Google in your account, under your agreement with them and their terms. It is not our service or our server: we have no access to this data, we cannot restore or delete it for you, and we are not responsible for how iCloud or Google backup works.
- Sync merges changes from different devices: when you change the same item on two devices, the later change wins, and an item deleted on one device disappears from the others too (unless you change it later on another device).
- Turning iCloud sync off stops it but leaves the file in iCloud; turning Google backup off means later Android backups no longer include the App’s data. How to delete these copies is explained in the Privacy Policy.
11. Offices and Access Passes
- Company and Office. When you add the first Office or buy a Pack, the App sets up the Company in the Access Pass Service: the Access Pass Service saves its random identifier and the Pack (without the Company’s name) and sends back the Company’s admin key and a random identifier of the Company for purchases. You add an Office in the App, under a Company: you enter its name and address. The App sends them to the Access Pass Service together with the Company’s name and color (they appear on the Access Passes); the Access Pass Service saves them and sends back the Office’s admin key. The keys are stored in the App (and, with iCloud sync or Google backup on, also in your account): the Company’s key lets you manage the Pack and the Offices, and the Office’s key – the Office and its Access Passes. There are no accounts, so whoever has the keys is the Office Administrator – protect your phone and your Apple or Google account. We cannot restore lost keys (e.g. after the App is deleted without a copy) or transfer the Company or the Office to someone else: the Access Passes already issued then keep working on the terms below, and you cancel the Pack subscription in the Store.
- Issuing an Access Pass. You issue an Access Pass from an Employee’s Card covered by the Pack, or for a guest (name and, optionally, company) when the Pack has a free place. You choose the Office, the validity (1 day, 1 week, 1 month, 1 year or no end date) and how it opens the door: QR code or NFC. The App keeps a register on your phone: to whom, for which Office and until when you issued an Access Pass. The Access Pass Service saves the Access Pass’s number, validity, status, the way it opens the door and a random person identifier (the identifier of the Employee’s Card or a new identifier for a guest – it says nothing about the person and is used to count people in the Pack) – without the Recipient’s data – and creates a vizicard.app/w link in which the Recipient’s data is encrypted. The link works for 14 days; after that, you share a new one, and the Access Pass stays the same.
- Delivery. You share the link yourself (e.g. in a message or as a QR code on your screen). Anyone who has the link can add the Access Pass to Wallet – send it only to the Recipient. The Recipient opens the link on their phone and adds the Access Pass to Apple Wallet or Google Wallet. An Access Pass is issued in a person’s name: in Apple Wallet, sharing it is blocked, and each person should get their own.
- Signature and Office keys. We sign Access Passes with Office keys, which the Access Pass Service derives from our secret key and the Office’s identifier – this is the only way it can extend Access Passes every month. This means that we could technically create a valid Access Pass to your Office, as in other cloud-based access control systems. We do not do so without your instruction; we protect the key, and only the people who maintain the Access Pass Service have access to it.
- Validity and extension. An Access Pass works until the chosen date (or with no end date), as long as it has not been revoked and the Company’s paid Pack covers its Recipient. The Access Pass Service counts the people with working Access Passes of the Company – a person with Access Passes to several Offices is one person – and covers as many of them as the Pack has places, starting with the people whose working Access Pass is the oldest. It extends their Access Passes from month to month and updates them in Wallet; Wallet fetches the changes when the Recipient’s phone is online. When a Pack expires or you change it to a smaller one, the Access Passes of the people the Pack does not cover (without a Pack – all of them; with a smaller one – those of the newest people beyond the number of places) are not extended and stop working no later than 3 days after the end of the paid period; they come back when the Pack covers them again.
- Revocation. You revoke an Access Pass in the App. The Access Pass Service immediately marks it as invalid, adds it to the list of revoked Access Passes and asks Apple Wallet and Google Wallet to update it – in the Recipient’s Wallet, the Access Pass will show as invalid once their phone connects to the internet.
- Doors and readers. We do not supply doors, locks, readers or controllers and are not responsible for how they work. An Access Pass is checked by reception or by a reader chosen and set up by the Office Administrator or an installer. For each Access Pass, you choose how it opens the door: with a QR code the Recipient shows in Wallet, or by NFC (holding the phone to the reader). An NFC Access Pass has no QR code, so that it cannot be passed on as a screenshot. NFC works in Apple Wallet and Google Wallet only once Apple and Google turn it on for us – until then, you can choose only the QR code in the App, and an NFC Access Pass shows a QR code in a Wallet where NFC is not yet turned on. The “Reader setup” file contains the Office’s keys and the list of Access Passes: whoever has it can check – and technically also create – Access Passes for that Office, so give it only to a trusted installer and protect it like the keys to your door. The Office Administrator is responsible for keeping the list of revoked Access Passes in the reader up to date and for the security of the Office. An Access Pass does not replace other security measures – a Recipient who loses a phone with an Access Pass should report it to the Office Administrator, so that they can revoke it.
- Changing and deleting an Office or a Company. A change to the Office’s name or address, or to the Company’s name or color, also reaches the Access Passes in Wallet. Deleting an Office immediately revokes all its Access Passes, and deleting a Company – all its Offices and Access Passes. We delete the data of the Office and its Access Passes – and, once the Company is deleted, also its data and Pack – from the Access Pass Service 30 days later; until then, Wallet can still fetch the invalid Access Passes. Deleting the Company does not cancel the Pack subscription (section 12).
- Recipients’ data. When you issue an Access Pass, you are the controller of the Recipient’s data, and we process it on your behalf (section 8).
12. Packs for a Company
- What a Pack includes. A Pack covers 1, 5, 10, 25 or 50 people of one Company for the period it is paid for. Each person in the Pack can have an Employee’s Card and Access Passes to all the Company’s Offices. A place in the Pack is taken by each Employee – their Card and Access Passes together take one place – and by each other person with a working Access Pass of the Company (e.g. a guest), also when they have Access Passes to several Offices. Without a paid Pack, a Company has no places. A Pack belongs to one Company: its random identifier is recorded in the purchase, and the Access Pass Service rejects a purchase assigned to a different Company.
- Price and payment. The App and the Store show the Pack’s price, the billing period and the renewal terms before the purchase. The price includes taxes; in other countries, the Store shows it in that country’s currency. Payment is accepted and processed by the Store, under Apple’s or Google’s terms, and it is the Store that issues the proof of purchase. We do not receive the details of your card or any other payment method.
- Conclusion and start. The Pack agreement is concluded when you confirm the purchase in the Store. The App passes the proof of purchase on to the Access Pass Service, which verifies it with Apple or Google and immediately adds the places to the Company. If the App does not manage to do so (e.g. without internet access), it will do so the next time you open the Company; “Restore purchases” passes the purchases on again.
- Renewal and cancellation. A Pack renews automatically every month, and the Store charges for it until you cancel it. You can cancel it at any time in the Store’s settings – on iPhone in Settings → [your name] → Subscriptions (no later than 24 hours before the end of the period), on Android in Google Play → Payments & subscriptions – or via “Manage subscription” in the App. The Pack then works until the end of the paid period, after which Employees’ Cards are switched off in the App and Access Passes stop working (sections 8 and 11). Deleting the App, the Office or the Company does not cancel the subscription.
- Changing the Pack. You can change the Pack in the App to a bigger or a smaller one. The change (e.g. a prorated extra charge or a change from the next period) is settled by the Store under its own rules, which it shows before you confirm. After a change to a smaller Pack, the Employees’ Cards and the Access Passes of the people beyond its number of places stop working, in the order described in sections 8 and 11.
- Store limitations. The App Store allows one Pack subscription per Apple ID, and Google Play one subscription to a given Pack per Google account. For Packs for several Companies, you therefore need several Apple IDs on iPhone, and on Android several Google accounts or Packs of different sizes. The App tells you about this before the purchase.
- Price changes. We will announce a change in the price of a Pack in the App and on the Website at least 30 days in advance. The new price applies from the first renewal after that period and, where the Store’s rules require it, only once you have agreed to it in the Store. If you do not accept it, cancel the subscription.
- Refunds and withdrawal. Payment for a Pack is accepted by the Store, so refunds are handled by the Store: Apple (reportaproblem.apple.com) or Google Play (under Google Play’s refund policies). A Consumer or an entrepreneur with consumer rights may withdraw from a Pack agreement within 14 days of the purchase without giving a reason – in the Store, using its refund form, or by writing to us; we will help you get the refund. This does not limit the rights you have under the law.
13. Contact and reporting problems
We do not publish Users’ content and, apart from Offices’ data, we do not store it: Cards are on Users’ phones (and possibly in their own iCloud or Google accounts), the contact from an NFC sticker is contained in the link itself, we create passes without storing data, and the data of Access Pass Recipients is encrypted in links and Access Passes. However, if you come across content in the App, on the vizicard.app/k or vizicard.app/w page, or in a Wallet Pass or Access Pass signed by us that infringes the law or these Terms (e.g. impersonation or a link to a scam), write to systems@n3osystem.io – explain what your report is about and, if you can, include a link or a screenshot. We will handle the report without undue delay and reply to the address you give.
This email address is also the point of contact for the authorities of the Member States, the European Commission and Users (Articles 11 and 12 of Regulation (EU) 2022/2065 – the Digital Services Act), to the extent that this Regulation applies to us. We correspond in Polish and English.
14. Complaints
If the Service does not work properly or in accordance with these Terms, submit a complaint by email to systems@n3osystem.io or by post to our registered office. Describe the problem and what you request and, if you can, give your phone model and the App version.
We will reply within 14 days of receiving the complaint – by the same channel through which it was submitted, or to the email address you provide.
Consumers and entrepreneurs with consumer rights have the rights provided by law – for Packs, also the rights in the event of a digital service’s lack of conformity with the contract (Chapter 5b of the Polish Act of 30 May 2014 on consumer rights). Payment complaints (e.g. being charged twice) are also handled by the Store.
A Consumer may use out-of-court complaint and redress procedures, e.g. the help of a municipal or district (powiat) consumer ombudsman, consumer organizations, or mediation and arbitration courts at the voivodeship inspectorates of the Trade Inspection. More information is available from the Polish Office of Competition and Consumer Protection: uokik.gov.pl.
15. Intellectual property and the App license
The App, the Website, their design, the Card templates, and the Vizicard name and logo are protected by law and belong to us or our licensors. You may use the Cards, QR codes and files you create without restriction – e.g. print the QR codes.
We grant you a free, non-exclusive and non-transferable license to use the App on devices that you own or control, in accordance with these Terms and the Store’s rules, for the duration of the agreement. You may not copy, modify, decompile or reverse engineer the App’s code – except where the law allows it.
The App contains open-source components (including typefaces licensed under the SIL Open Font License), which are subject to their own licenses.
16. The App from the App Store and Google Play
These provisions apply to the App downloaded from the App Store – Apple’s terms require them:
- These Terms are an agreement between you and us, not with Apple. We, not Apple, are responsible for the App and its content.
- The license covers the use of the App on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions – including by other accounts associated with you through Family Sharing, where Apple allows it.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We provide support – see the contact details in section 1.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (you download the App free of charge). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App; we handle any other such claims.
- We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements (e.g. consumer protection and privacy laws), and claims that the App infringes a third party’s intellectual property rights.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- When using the App, you must comply with the terms of any third-party services you use with it (e.g. your network operator).
- In-app purchases (Packs) are accepted and processed by Apple, under its own terms (section 12).
- Apple and Apple’s subsidiaries are third-party beneficiaries of these provisions and, upon your acceptance of them, Apple will have the right to enforce them against you as a third-party beneficiary.
The use of Google Play, including buying Packs through Google Play, is subject to Google’s terms; Google is not a party to these Terms.
17. Liability and availability
We do our best to keep the Service running without interruption, but technical breaks in the Pass Service, the Access Pass Service and the Website are possible – maintenance, updates, provider outages. The App and the Cards on your phone keep working without them. Access Passes added to Wallet then keep working until the date stored in them, but new Access Passes, extensions and revocations arrive with a delay.
We develop the App and may change its features. We will make a change that significantly and adversely affects the use of the Service only for a valid reason (e.g. changes in the law, security reasons, changes in Apple’s or Google’s services) and will inform you of it in advance.
We are not responsible for content entered by Users, for the operation of Apple’s, Google’s and network operators’ services (including iCloud, Google backup, Google Play services, Apple Wallet and Google Wallet), or for how recipients use the details from a Card you gave them. Nor are we responsible for doors, readers and access control systems, or for the consequences of issuing an Access Pass to the wrong person, passing a link or the reader setup file on to third parties, or a reader lacking an up-to-date list of revoked Access Passes. We keep no copies of your Cards, Companies or Access Pass register, so we cannot restore them after the App is deleted or the phone is lost – you can recover them only from your own copy: from iCloud, from Google backup or from a device backup.
Towards entrepreneurs who are not entrepreneurs with consumer rights, we are liable only for actual damage caused intentionally or through gross negligence. Towards Consumers and entrepreneurs with consumer rights, we do not limit the liability provided for by law.
18. Personal data
The rules for processing personal data are set out in the Privacy Policy.
19. Changes to these Terms
We may change these Terms for valid reasons: changes in the law or case law, decisions of authorities, changes in the scope or manner of providing the Service (e.g. new features), changes in the Stores’ terms, or security reasons.
We don’t know your contact details, so we will announce changes in the App and on the Website at least 14 days before they take effect (with shorter notice only where the law or a decision of an authority requires it). If you do not accept the changes, you can stop using the Service and delete the App, and cancel the Pack subscription in the Store. Changes in the price of a Pack are described in section 12.
20. Final provisions
- These Terms are available in several languages; the agreement is concluded in Polish, and in the event of discrepancies between language versions, the Polish version prevails. Polish law applies; this does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
- Disputes with entrepreneurs who are not entrepreneurs with consumer rights are settled by the court competent for our registered office.
- The Privacy Policy is related to these Terms.