Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to WhatsCard! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and WhatsCard ("we," "us," or "our") governing your access to and use of the WhatsCard mobile application (the "App") and related services (collectively, the "Service").

By downloading, installing, or using WhatsCard, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. DESCRIPTION OF SERVICE

WhatsCard is a smart business card scanning and contact management application that provides the following features:

• Free Tier Services:
  • AI-powered business card OCR scanning
  • Basic contact management and organization
  • WhatsApp integration for networking
  • Excel export functionality
  • Offline-first data storage
• Premium Tier Services (Pro & Enterprise):
  • Smart follow-up reminders
  • AI voice notes with transcription
  • Advanced analytics and reporting
  • Team collaboration features (Enterprise only)
  • Priority customer support

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. ELIGIBILITY

You must meet the following requirements to use WhatsCard:

• Be at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

If you are using WhatsCard on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features of WhatsCard, you must create an account by providing:

• Valid email address
• Full name
• Secure password
• Any additional information we may reasonably require

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using a strong, unique password
• Logging out after each session on shared devices

4.3 Account Information

You agree to:

• Provide accurate, current, and complete information
• Update your information promptly when it changes
• Not create accounts using false or misleading information
• Not create multiple accounts for fraudulent purposes

5. SUBSCRIPTION PLANS AND PRICING

5.1 Available Plans

• Free Plan: RM0 - Basic features with unlimited card scanning
• Pro Plan: RM199 per year - Premium features including reminders and voice notes
• Enterprise Plan: RM599 per year - All Pro features plus team collaboration

5.2 Billing and Payment

By purchasing a subscription, you agree that:

• Subscriptions are billed annually in advance
• All fees are in Malaysian Ringgit (RM) unless otherwise stated
• Payment will be charged to your selected payment method immediately upon purchase
• You authorize us to charge your payment method for all fees incurred
• You are responsible for all applicable taxes and fees

5.3 Automatic Renewal

Important: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee unless we notify you in advance of a price change.

To cancel automatic renewal:

• Go to Settings → Subscription → Cancel Subscription
• Cancellation must be done at least 24 hours before renewal date
• You will retain access until the end of your current billing period

5.4 Free Trial

We may offer free trial periods for premium plans. During the trial:

• You have full access to premium features
• You will not be charged during the trial period
• You can cancel anytime without being charged
• If you don't cancel, you will be automatically charged at the end of the trial
• Free trials are limited to one per user

5.5 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will:

• Be communicated to you at least 30 days in advance
• Not affect your current billing period
• Apply to subsequent billing periods after notification
• Give you the option to cancel before the new price takes effect

6. REFUND POLICY

6.1 General Refund Policy

We offer refunds under the following conditions:

• Within 7 days of purchase: Full refund if you're not satisfied (one-time courtesy refund per account)
• Technical issues: Full refund if the app is non-functional and we cannot resolve the issue within 14 days
• Unauthorized charges: Full refund with proof of unauthorized access

6.2 No Refund Situations

Refunds will NOT be provided in the following cases:

• After 7 days from the initial purchase date
• Partial refunds for unused time in a billing period
• If your account is terminated for Terms of Service violations
• For features you chose not to use
• Change of mind after the 7-day refund window

6.3 Refund Process

To request a refund:

• Email us at info@whatscard.app with your account details
• Provide your transaction ID and reason for refund
• We will process approved refunds within 5-10 business days
• Refunds will be issued to the original payment method

7. USER CONTENT AND DATA

7.1 Your Content

You retain all rights to the content you create, upload, or store in WhatsCard, including:

• Business card images you scan or upload
• Contact information you enter or import
• Voice notes and transcriptions
• Custom notes, tags, and annotations

7.2 License to Us

By uploading content to WhatsCard, you grant us a limited license to:

• Store, process, and display your content as necessary to provide the Service
• Use your content to improve our OCR and AI algorithms (anonymized)
• Create backups for data protection purposes
• Process your data as described in our Privacy Policy

We will never sell, share, or use your content for purposes other than providing the Service without your explicit consent.

7.3 User Responsibilities

You are responsible for:

• The accuracy of information you enter or scan
• Obtaining necessary permissions to scan and store others' business cards
• Complying with data protection laws in your jurisdiction
• Maintaining appropriate backups of your data
• Any consequences of sharing or exporting your contact data

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Property

WhatsCard and all related materials are owned by us or our licensors, including:

• The WhatsCard app, website, and all software
• WhatsCard logo, trademarks, and branding
• All text, graphics, user interfaces, and design elements
• OCR algorithms and AI models
• Documentation, tutorials, and marketing materials

You may not copy, modify, distribute, sell, or create derivative works from our intellectual property without our express written permission.

8.2 Trademarks

WhatsCard™ and related marks are trademarks owned by us. You may not use our trademarks without our prior written consent.

9. PROHIBITED USES

You agree NOT to use WhatsCard for any unlawful or prohibited purposes, including but not limited to:

• Illegal Activities: Violating any local, national, or international laws
• Spam and Harassment: Sending unsolicited messages, harassment, or abuse via WhatsApp integration
• Data Scraping: Automated data collection, scraping, or mining of content
• Reverse Engineering: Decompiling, disassembling, or reverse engineering the app
• Security Violations: Attempting to breach security measures or access unauthorized areas
• Malicious Software: Uploading viruses, malware, or harmful code
• Impersonation: Pretending to be another person or entity
• Commercial Misuse: Reselling or redistributing our Service without authorization
• False Information: Providing fraudulent or misleading information
• Excessive Usage: Using the Service in a way that impairs functionality for other users

Violation of these prohibitions may result in immediate termination of your account and potential legal action.

10. THIRD-PARTY SERVICES

WhatsCard integrates with third-party services to provide enhanced functionality:

• WhatsApp: Messaging integration (subject to WhatsApp's Terms of Service)
• Google Gemini AI: Business card OCR processing
• OpenAI Whisper: Voice note transcription (Premium feature)
• Supabase: Cloud storage and authentication
• Payment Processors: Stripe or other payment gateways for subscriptions

Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the actions, policies, or content of third-party services.

11. DISTRIBUTOR PROGRAM

11.1 Distributor Eligibility

Our distributor program allows qualified individuals or businesses to earn commissions by promoting WhatsCard. To become a distributor:

• You must apply and be approved by our team
• Comply with all distributor program guidelines
• Maintain ethical marketing practices
• Not make false or misleading claims about the Service

11.2 Commission Structure

• Distributors earn commissions on sales generated through their unique discount codes
• Commission rates are defined in your distributor agreement
• Commissions are calculated based on net revenue (after refunds and chargebacks)
• Minimum payout threshold and payment schedules apply

11.3 Distributor Responsibilities

As a distributor, you must:

• Comply with all applicable advertising and consumer protection laws
• Clearly disclose your affiliate relationship with WhatsCard
• Not engage in trademark bidding or brand name manipulation
• Not make unauthorized claims or guarantees about the Service

11.4 Termination of Distributor Status

We may terminate your distributor status immediately for:

• Violation of these Terms or distributor agreement
• Fraudulent activity or misrepresentation
• Unethical marketing practices
• Damage to WhatsCard's reputation or brand

12. DATA PRIVACY AND SECURITY

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using WhatsCard, you consent to:

• The collection and processing of your data as described in the Privacy Policy
• Storage of your data on cloud servers (Supabase/AWS)
• Processing of business card images by AI services for OCR
• Synchronization of data across your devices

13. ACCOUNT TERMINATION

13.1 Termination by You

You may terminate your account at any time by:

• Going to Settings → Account → Delete Account in the app
• Emailing us at info@whatscard.app

Upon termination:

• Your access to premium features will cease immediately
• Your data will be deleted within 30 days (unless legally required to retain)
• No refunds will be provided for the remaining subscription period

13.2 Termination by Us

We may suspend or terminate your account immediately without notice if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activity
• Your payment method fails or is disputed
• You create risk or legal liability for us
• Your account remains inactive for more than 24 months

Termination for cause will result in forfeiture of any remaining subscription time without refund.

14. DISCLAIMERS AND LIMITATIONS OF LIABILITY

14.1 Service Provided "AS IS"

WhatsCard is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties or representations about:

• The accuracy, reliability, or completeness of OCR scanning results
• Uninterrupted or error-free operation of the Service
• The security of data transmission over the internet
• Compatibility with all devices and operating systems
• The availability of third-party integrations (WhatsApp, etc.)

14.2 OCR Accuracy Disclaimer

Important: While our AI-powered OCR technology strives for high accuracy, we do not guarantee 100% accurate extraction of business card information. You are responsible for reviewing and verifying all scanned data before use.

14.3 Limitation of Liability

To the maximum extent permitted by law, WhatsCard and its officers, directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from reliance on OCR accuracy
• Damages from unauthorized access to your account
• Damages from third-party services (WhatsApp, payment processors, etc.)

Our total liability to you for all claims shall not exceed the amount you paid to us in the 12 months preceding the claim, or RM100, whichever is greater.

14.4 Indemnification

You agree to indemnify, defend, and hold harmless WhatsCard from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your misuse of the Service
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

15. ACCEPTABLE USE POLICY

When using WhatsCard, you agree to:

• Use the Service only for lawful business networking purposes
• Respect the privacy and rights of other individuals
• Obtain consent before scanning and storing others' business cards where required by law
• Not use the Service to send spam or unsolicited commercial messages
• Not abuse the WhatsApp integration feature for harassment
• Not upload offensive, defamatory, or inappropriate content
• Not attempt to overwhelm our servers with excessive requests

16. EXPORT CONTROLS AND SANCTIONS

You agree to comply with all applicable export control and economic sanctions laws. You represent that:

• You are not located in a country subject to U.S. or international embargo
• You are not on any government list of prohibited or restricted parties
• You will not use WhatsCard in violation of any export or sanctions regulations

17. MODIFICATIONS TO THE SERVICE

We reserve the right to:

• Modify, update, or discontinue features of the Service
• Change the app's design, functionality, or user interface
• Add or remove third-party integrations
• Implement new features or remove existing ones

We will make reasonable efforts to notify you of significant changes in advance.

18. CHANGES TO TERMS

We may update these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We will notify you via email or in-app notification for material changes
• Your continued use of the Service after changes constitutes acceptance
• If you do not agree to the new Terms, you must stop using the Service

You can review the current Terms at any time by visiting www.whatscard.app/terms or accessing them within the app.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

19.2 Jurisdiction

Any disputes arising from these Terms or your use of WhatsCard shall be subject to the exclusive jurisdiction of the courts located in Petaling Jaya, Selangor, Malaysia.

19.3 Dispute Resolution Process

Before filing any legal claim, you agree to:

• First attempt to resolve the dispute informally by contacting us at info@whatscard.app
• Provide a detailed description of the dispute and your desired resolution
• Give us 30 days to attempt to resolve the issue

20. FORCE MAJEURE

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including:

• Natural disasters, wars, or acts of terrorism
• Government actions, laws, or regulations
• Internet service provider failures or outages
• Third-party service disruptions (AWS, Supabase, etc.)
• Labor disputes, strikes, or lockouts

21. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

22. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhatsCard regarding the Service and supersede all prior agreements, understandings, or representations.

23. WAIVER

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of WhatsCard.

24. ASSIGNMENT

You may not assign or transfer these Terms or your account to any third party without our written consent. We may assign our rights and obligations under these Terms without restriction.

25. CONTACT INFORMATION

26. SURVIVAL

The following sections shall survive termination of your account or these Terms:

• Intellectual Property Rights
• Disclaimers and Limitations of Liability
• Indemnification
• Governing Law and Dispute Resolution
• Any provisions that by their nature should survive