**SmartCard Solutions LLC** **Last Updated: December 17, 2025**
Welcome to SmartCard. These Terms and Conditions ("Terms", "Agreement") govern your access to and use of the SmartCard platform, website, mobile applications (when available), and services (collectively, the "Services") operated by SmartCard Solutions LLC ("SmartCard", "we", "us", or "our"), a limited liability company organized under the laws of Texas with its principal place of business at 5900 Balcones Dr Ste 100, Austin, TX 78731-4298.
**BY ACCESSING OR USING OUR SERVICES, PURCHASING OUR PRODUCTS, OR CLICKING "I AGREE," YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR PURCHASE OUR PRODUCTS.**
By registering for an account, accessing our website, using our Services, or purchasing SmartCard products (including NFC cards and hardware), you represent and warrant that:
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, without notice or liability.
**READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND ELIMINATES YOUR ABILITY TO SUE SMARTCARD SOLUTIONS LLC FOR DAMAGES RESULTING FROM OUR NEGLIGENCE.**
By using the Services, purchasing Products, or accessing our platform in any way, you voluntarily agree to release, waive, discharge, and hold harmless SmartCard Solutions LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, members, managers, agents, contractors, licensors, service providers, suppliers, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, and expenses of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with your use of SmartCard, including but not limited to claims arising from the negligence of the Released Parties.
You acknowledge and agree that you are voluntarily using the Services and Products with full knowledge that there are inherent and unanticipated risks, dangers, and hazards associated with:
**YOU HEREBY EXPRESSLY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, DEATH, OR EXPENSE THAT YOU (OR YOUR NEXT OF KIN, HEIRS, ESTATE, OR ASSIGNS) MAY SUFFER ARISING OUT OF YOUR USE OF SMARTCARD'S SERVICES OR PRODUCTS, INCLUDING LIABILITY ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.**
This release specifically includes but is not limited to:
**YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SMARTCARD DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE ACTIONS, CONDUCT, OR OMISSIONS OF THIRD PARTIES WITH WHOM YOU INTERACT AS A RESULT OF USING OUR SERVICES.**
You release the Released Parties from any and all claims arising from third-party conduct, including but not limited to:
You understand and agree that SmartCard has no duty or ability to screen, verify, or conduct background checks on users or third parties, and that you assume all risks associated with interactions with third parties.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that arise from or relate to:
You expressly waive all rights under Section 1542 of the California Civil Code and any similar provision of law in any other jurisdiction, which provides:
*"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."*
**YOU UNDERSTAND THAT THIS MEANS YOU ARE RELEASING CLAIMS THAT YOU DO NOT KNOW ABOUT AND CLAIMS THAT MAY ARISE IN THE FUTURE. YOU ACKNOWLEDGE THAT YOU MAY LATER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE YOU NOW KNOW OR BELIEVE TO BE TRUE, AND YOU AGREE THAT THIS RELEASE SHALL REMAIN EFFECTIVE REGARDLESS OF SUCH DIFFERENT OR ADDITIONAL FACTS.**
This release, waiver, and hold harmless agreement:
**BY USING SMARTCARD, YOU ACKNOWLEDGE THAT:**
**YOU AGREE THAT YOU WILL NOT SUE OR MAKE ANY CLAIM AGAINST THE RELEASED PARTIES FOR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES IN CONNECTION WITH YOUR USE OF SMARTCARD.**
This release and waiver does not extend to claims for gross negligence, willful misconduct, intentional torts, fraud, or any other liabilities that applicable law does not permit to be released by agreement. To the extent that any court of competent jurisdiction determines that any portion of this release is unenforceable, the remaining portions shall remain in full force and effect.
SmartCard provides a web-based digital business card and contact management platform that enables users to:
The Services are currently provided free of charge. We reserve the right to introduce fees or subscription plans at any time with reasonable notice to users. Physical SmartCard products, including NFC cards and hardware, are sold separately and are subject to applicable pricing and payment terms at the time of purchase.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.
SmartCard is a tool that facilitates the sharing of contact information. We provide the platform and technology, but we DO NOT provide, arrange, facilitate, or control any in-person meetings, networking events, business relationships, or any other interactions between users or between users and third parties. SmartCard is solely a contact information sharing platform and is not a matchmaking service, networking facilitator, introduction service, or social networking platform.
**WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATION, OR ANY OTHER SCREENING OF OUR USERS. WE DO NOT VERIFY THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF ANY INFORMATION PROVIDED BY USERS. WE DO NOT INVESTIGATE, MONITOR, OR EVALUATE THE CHARACTER, INTENTIONS, BEHAVIOR, OR SAFETY OF ANY PERSON WHO USES OUR SERVICES.**
**YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR OWN SAFETY AND SECURITY WHEN SHARING YOUR CONTACT INFORMATION, MEETING WITH OTHER PEOPLE, ATTENDING NETWORKING EVENTS, OR ENGAGING IN ANY INTERACTIONS THAT MAY RESULT FROM YOUR USE OF SMARTCARD.**
You acknowledge and agree that:
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, abuse of the Services, or any conduct that we deem harmful to other users, our business interests, or third parties. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us.
You agree not to upload, post, transmit, or otherwise make available through the Services any content that:
You further agree not to:
We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without prior notice. Violation of this section may result in immediate account termination and may be reported to law enforcement authorities.
You retain all ownership rights to the content you upload, post, or otherwise make available through the Services ("User Content"), including but not limited to text, images, photos, logos, and links. However, by submitting User Content, you grant SmartCard a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving the Services.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to your User Content and that your User Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
The Services, including all content, features, functionality, software, and design (excluding User Content), are owned by SmartCard Solutions LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
We collect, use, and disclose personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection and use of personal data as described in our Privacy Policy.
The personal information we collect may include, but is not limited to:
SmartCard sells physical products, including NFC-enabled cards and other hardware ("Products"). When you purchase Products from us, a separate contract of sale is formed between you and SmartCard Solutions LLC. All sales are subject to product availability and acceptance of your order by us.
All prices are stated in U.S. dollars and are subject to change without notice. Payment must be made at the time of purchase using the payment methods we accept. You are responsible for providing accurate payment information. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspected fraudulent activity.
We will make reasonable efforts to ship Products within the timeframe specified at the time of purchase. However, we are not responsible for delays caused by shipping carriers, customs, or other factors beyond our control. Risk of loss and title for Products pass to you upon delivery to the shipping carrier.
Due to the personalized nature of our Products and the technology involved, all sales are final. We do not offer returns or refunds except as required by law or in cases of defective products. If you receive a defective Product, please contact us within thirty (30) days of receipt for a replacement, subject to our inspection and verification of the defect.
Our NFC cards and hardware products require compatible devices to function properly. We do not guarantee compatibility with all devices or operating systems. It is your responsibility to verify compatibility before purchase. We are not liable for any inability to use Products due to device incompatibility, software updates, or changes in third-party technologies.
**OUR PRODUCTS ARE INANIMATE OBJECTS. WE ARE NOT LIABLE FOR ANY PHYSICAL INJURY, ACCIDENT, OR HARM THAT OCCURS WHILE POSSESSING, CARRYING, TRANSPORTING, OR USING OUR PRODUCTS, EXCEPT AS ARISING FROM OUR NEGLIGENCE AS RELEASED IN SECTION 2 ABOVE. THIS INCLUDES BUT IS NOT LIMITED TO: TRIPPING, SLIPPING, FALLING, OR ANY OTHER ACCIDENT THAT MAY OCCUR WHILE YOU ARE IN POSSESSION OF OR USING A SMARTCARD PRODUCT. YOU ASSUME ALL RISKS ASSOCIATED WITH THE PHYSICAL POSSESSION AND USE OF OUR PRODUCTS.**
**THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMARTCARD SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.**
We do not warrant that:
You acknowledge that your use of the Services and Products is at your sole risk. Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from downloading such material.
**TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTCARD SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:**
**THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMARTCARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.**
**IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO SMARTCARD SOLUTIONS LLC IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.**
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless SmartCard Solutions LLC, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services or Products; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your User Content; (v) any claim that your User Content caused damage to a third party; (vi) any physical injury, death, property damage, emotional distress, or other harm arising from your use of the Services or Products, your interactions with third parties, your attendance at events, your possession of Products, or your sharing of contact information; (vii) any conduct or actions of third parties that you interact with through or as a result of using the Services; (viii) any claims by third parties relating to contact information you shared or obtained through the Services. This indemnification obligation will survive the termination of these Terms and your use of the Services.
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by SmartCard Solutions LLC. When you create a digital business card, you may link to third-party social media platforms and other external services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that SmartCard Solutions LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or link to.
Upon deletion of your account, we will retain your personal data for thirty (30) days before permanently deleting it from our systems, except as required by law or for legitimate business purposes (such as dispute resolution, fraud prevention, or compliance with legal obligations).
During the 30-day retention period, your account will be deactivated and your data will not be publicly accessible. After this period, your data will be permanently deleted. However, please note that cached or archived copies of your User Content may remain visible to other users or on third-party platforms if they were shared or accessed before deletion. We are not responsible for information that was shared with third parties prior to account deletion.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms. We may also provide notice through the Services or via email.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account. It is your responsibility to review these Terms periodically for changes.
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you irrevocably consent to the personal jurisdiction and venue of such courts.
Before filing any formal legal action, you agree to first contact us and attempt to resolve any dispute informally. Please send a written notice describing the nature of your claim and desired resolution to our contact address provided in Section 20 below. We will attempt to resolve the dispute within sixty (60) days of receiving your notice.
**TO THE EXTENT PERMITTED BY LAW, YOU AND SMARTCARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND SMARTCARD AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.**
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent to the greatest extent possible.
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and SmartCard Solutions LLC concerning the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
If you have any questions about these Terms or the Services, please contact us at:
**SmartCard Solutions LLC** 5900 Balcones Dr Ste 100 Austin, TX 78731-4298 United States
**BY USING THE SERVICES OR PURCHASING PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE COMPREHENSIVE RELEASE, WAIVER, AND HOLD HARMLESS AGREEMENT IN SECTION 2, WHICH RELEASES SMARTCARD SOLUTIONS LLC FROM LIABILITY FOR ITS NEGLIGENCE.**