Terms of Service Draft

We are palmstudio GmbH, doing business as DigiCard Pro ("Company," "we," "us," or "our"), a company registered in Germany at Pfalzgrafenstraße 38, 67434 Neustadt an der Weinstraße, Germany. Our VAT number is DE364046229.

We operate the website https://www.digicard.pro and related products and services that refer or link to these Terms of Service (collectively, the "Services").

You can contact us through the support page or by mail at palmstudio GmbH, Pfalzgrafenstraße 38, 67434 Neustadt an der Weinstraße, Germany.

Support:

• Support page: https://www.digicard.pro/en/support
• Support email: support@digicard.pro

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and palmstudio GmbH concerning your access to and use of the Services. By accessing or using the Services, creating an account, creating a card, starting checkout, or purchasing a product, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Services.

Supplemental terms, policies, or documents posted on or linked from the Services, including the Privacy Policy, Cookie Policy, EULA, Impressum, and withdrawal information, may also apply and are incorporated by reference where applicable.

The Services are intended for users who are at least 18 years old. Persons under 18 years old are not permitted to use or register for the Services.

We recommend that you save or print a copy of these Terms for your records.

Table of Contents

1. Our Services
2. Important Product Definitions
3. QR Payloads and Contact Data
4. Card Variants
5. Accounts, Anonymous Use, and Access Links
6. Groups, Templates, Locked Fields, and Bulk Imports
7. User Registration and Account Security
8. Purchases, Payment, Prices, and Taxes
9. Contract Formation, Fulfillment, and Delivery
10. Withdrawal, Refunds, and Deactivation
11. Card Credits and Subscriptions
12. User Responsibilities and Representations
13. Prohibited Activities
14. User Content, Submissions, and License
15. Intellectual Property Rights
16. Wallet Providers and Third-Party Services
17. Privacy Policy and Data Protection
18. User Data, Backups, and Bearer Links
19. Services Management
20. Term, Suspension, and Account Closure
21. Modifications, Interruptions, and Corrections
22. Software and EULA
23. Warranty, Digital Product Rights, and Disclaimer
24. Limitations of Liability
25. Indemnification
26. Electronic Communications, Transactions, and Signatures
27. Governing Law and Jurisdiction
28. Consumer Dispute Resolution
29. Miscellaneous
30. Contact Us

1. Our Services

DigiCard Pro provides tools for creating digital business cards that can be saved to Apple Wallet and Google Wallet.

The Services may include:

• a public generator for creating cards without an account;
• an authenticated platform for managing purchased cards;
• Apple Wallet pass generation;
• Google Wallet object creation;
• QR code generation;
• card delivery links and transactional emails;
• uploaded logo and image processing;
• reusable templates and groups;
• bulk imports from spreadsheet or CSV files;
• card credits and other account-based purchase features where available.

The wallet pass is primarily a visual and functional container for the QR code. The QR code is the core contact-exchange mechanism.

The Services are designed for ordinary digital business-card use. They are not designed for regulated health, financial, insurance, banking, public-sector security, or other highly regulated data workflows. You must not use the Services in a way that would require us to comply with industry-specific regulations such as HIPAA, FISMA, GLBA, or equivalent special regimes unless we have expressly agreed to that in writing.

Users who access the Services from outside Germany do so on their own initiative and are responsible for compliance with local laws where applicable.

2. Important Product Definitions

Card means one digital business card created through the Services.

Wallet pass means an Apple Wallet pass or Google Wallet object generated for a card.

Fixed Card means a card that cannot be edited after successful purchase and fulfillment.

Editable Card means a card that can be edited after successful purchase and fulfillment, subject to these Terms and the continued availability of the specific editable-card feature.

QR payload means the data encoded in the QR code shown on a card or wallet pass.

Direct vCard means a QR payload containing contact data directly in vCard format.

Direct URL means a QR payload pointing to an allowlisted external URL, such as a supported LinkedIn profile URL.

Group means a managed collection or template of card defaults, locked fields, design settings, and QR settings.

Anonymous card means a card created without an account.

Account means a registered user account in the authenticated platform.

Consumer means a natural person acting for purposes outside their trade, business, craft, or profession.

Business customer means a person or entity purchasing or using the Services for commercial, professional, or organizational purposes.

3. QR Payloads and Contact Data

The default QR payload is a direct vCard. A direct vCard is designed to work offline and can allow a scanning device to import the contact details quickly.

You acknowledge that a direct vCard QR code contains the relevant contact data directly. Anyone who can scan or otherwise access the QR code may be able to read, copy, save, import, or forward the encoded contact data. Once a third party has imported contact data into their own device, address book, CRM, or other system, we cannot technically recall that data.

Where supported, you may choose a direct URL QR payload. In the current version, direct URL support is limited to allowlisted providers and formats, such as supported LinkedIn URLs. We may reject, normalize, or remove unsupported, unsafe, misleading, or unlawful URLs.

The QR payload type is fixed after purchase. Even Editable Cards cannot switch between a direct vCard and a direct URL after purchase unless we expressly provide such a migration feature.

4. Card Variants

The public version of the Services offers two main card variants:

• Fixed Card;
• Editable Card.

4.1 Fixed Cards

A Fixed Card is a one-time digital product. After successful purchase and fulfillment, the card data, QR payload, wallet outputs, and relevant settings are frozen.

You are responsible for reviewing all card details carefully before checkout, including spelling, contact details, QR payload, colors, logo, and wallet preview information.

If a Fixed Card contains incorrect information because you entered incorrect or incomplete data, we are not required to provide free editing or replacement after fulfillment unless required by applicable law.

4.2 Editable Cards

An Editable Card allows the card owner to update supported card content after purchase. Depending on the wallet provider and the technical state of the card, updates may cause the Apple Wallet pass to be republished and/or the Google Wallet object to be patched.

Editable Cards do not have a planned time-based update expiration in the current product version. However, the editing functionality is provided only for the lifetime of this specific editable-card product feature. Purchasing an Editable Card does not guarantee that the editable-card feature, the current wallet provider integrations, or the authenticated management platform will be available forever.

If we materially discontinue the editable-card feature, we will handle affected customers in accordance with applicable law and, where reasonable, provide notice, transition options, export options, replacement functionality, or other appropriate remedies. This clause does not limit mandatory statutory rights for digital products.

The following settings are fixed after purchase unless we expressly provide a separate feature to change them:

• QR payload type;
• direct URL provider type;
• wallet output settings;
• purchased card variant.

5. Accounts, Anonymous Use, and Access Links

You may create cards without an account through the anonymous generator. Anonymous use is designed for low-friction one-time purchases.

Registered users may access additional platform features, including card management, groups, bulk imports, claiming eligible anonymous cards, card credits, and billing/customer portal features where available.

Anonymous users may receive access links, claim tokens, checkout success links, or wallet distribution links. These links may act as bearer credentials. Anyone with a valid link may be able to access the relevant card delivery, claim, or checkout result. You are responsible for keeping these links secure.

We may expire, revoke, or replace anonymous access links for security, operational, legal, support, or abuse-prevention reasons.

6. Groups, Templates, Locked Fields, and Bulk Imports

Groups can define shared card defaults, design settings, QR settings, and locked fields. A linked card may inherit values from its group.

You acknowledge that:

• locked fields are controlled by the group and cannot be changed at card level;
• group changes may update linked Editable Cards;
• linked Fixed Cards may be detached or snapshotted so their purchased output stays stable;
• deleting a managed group may detach linked cards and remove group-owned assets where technically possible;
• anonymous templates are browser-local access flows and do not provide cross-device recovery unless claimed into an account.

Where bulk import is available, you are responsible for ensuring that imported data is accurate, lawful, and provided with the authority of the persons concerned.

7. User Registration and Account Security

You may be required to register an account to use certain Services.

You agree to provide true, accurate, current, and complete registration information and to keep that information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us without undue delay if you suspect unauthorized access to your account.

We may suspend, restrict, or terminate accounts that contain inaccurate information, violate these Terms, create security risks, or are used for unlawful or abusive activity.

8. Purchases, Payment, Prices, and Taxes

Payments are processed through Dodo Payments hosted checkout. We do not process full payment-card details directly in our application. Available payment methods are shown in the hosted checkout flow and may vary by country, currency, provider configuration, and time.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You agree to promptly update account and billing information so we can complete transactions and contact you where necessary.

Prices are shown before checkout. EU pricing may be shown as VAT-inclusive. US or other international pricing may be shown before applicable taxes. The final hosted checkout may calculate or display the final tax breakdown.

Payments may be in euros or US dollars, depending on the market, locale, product, and checkout configuration.

Quantity discounts may apply based on the current catalog. Product names, prices, discounts, taxes, currencies, and availability may change before an order is placed. The order snapshot created at checkout controls the purchased items and amounts for that order.

We reserve the right to correct pricing, catalog, availability, or technical errors before contract formation. We may refuse, limit, or cancel orders that appear fraudulent, abusive, technically invalid, unlawful, or placed for unauthorized resale.

Authenticated users may access payment history, invoices, or customer portal features through the payment provider where available.

9. Contract Formation, Fulfillment, and Delivery

The exact checkout sequence may depend on whether you use the anonymous generator or the authenticated platform.

In general:

1. you create or select one or more cards or card credits;
2. you review the cart and accept required legal confirmations;
3. you are redirected to hosted checkout;
4. the payment provider processes the payment;
5. after verified payment success, we queue fulfillment;
6. wallet artifacts are generated in background systems;
7. delivery links, wallet actions, account order pages, or emails are made available.

An order may be initialized before payment is completed. Payment is confirmed only after the payment provider reports successful payment and our backend verifies the relevant provider webhook or payment state.

Wallet generation is asynchronous. Most orders should be fulfilled quickly, but fulfillment may be delayed by provider downtime, invalid data, API failures, background job delays, security checks, or technical incidents.

Apple Wallet cards may be delivered as .pkpass files or through branded distribution links. Google Wallet cards may be delivered through save links that redirect to Google Wallet.

The Services may send transactional emails, including email verification, order-ready emails, and card distribution emails. Apple Wallet delivery emails may include a .pkpass attachment. Google Wallet delivery emails may include an Add-to-Google-Wallet link.

For card distribution emails, the recipient is normally the email address stored on the card profile. The Services may prevent repeated successful sends to the same current recipient email.

If paid fulfillment fails or is materially delayed, you should contact support. We may retry fulfillment, correct provider-side issues, provide reasonable alternatives, or issue a refund where appropriate or legally required.

10. Withdrawal, Refunds, and Deactivation

Consumers may have a statutory 14-day right of withdrawal for distance contracts. Consumers will receive the required withdrawal instruction before or at checkout, together with the applicable legal documents.

Our current business approach is customer-friendly. Unless a statutory exception applies, a request is abusive, or we expressly state otherwise before purchase, we generally accept consumer withdrawal requests submitted within the statutory withdrawal period, even if the digital card has already been generated or delivered.

Consumers may withdraw by any clear statement, including through:

• the support page: https://www.digicard.pro/en/support;
• email to support@digicard.pro;
• the model withdrawal form below.

You do not have to use the model withdrawal form. It is enough to clearly tell us that you want to withdraw from the contract. To help us process the request, please include the email address used for checkout and, if available, the order number, payment reference, card name, or other order details.

If a consumer withdraws after a card has already been generated or delivered, we may refund the purchase price and deactivate platform access, future edits, distribution links, wallet update support, claim flows, or other service-side functionality for the affected card where technically possible.

You acknowledge that:

• contact data already imported by third parties from a QR code cannot be technically recalled;
• wallet passes already downloaded or saved to a device may not be fully removable from that device by us;
• third-party wallet providers may retain or cache wallet-related data according to their own systems and terms;
• deactivation may prevent future service-side updates or redistributions but may not erase all already distributed copies.

Business customers may not have a statutory consumer withdrawal right. Refunds for business customers are granted only where required by law, expressly agreed before purchase, or offered by us voluntarily.

10.1 Model Withdrawal Form

If you want to withdraw from the contract, you may use the following model form. Using this form is optional.

To:

• palmstudio GmbH
• Pfalzgrafenstraße 38
• 67434 Neustadt an der Weinstraße
• Germany

Email:

• support@digicard.pro

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following digital product or service:

• Product/service:
• Order number or payment reference, if available:
• Ordered on:
• Received or made available on:
• Name of consumer(s):
• Address of consumer(s):
• Email address used for the order:
• Date:

Signature of consumer(s): only required if this form is submitted on paper.

11. Card Credits and Subscriptions

Where card credits are available, they represent prepaid entitlement to create future cards through the authenticated platform. Card credits are not themselves wallet cards and do not contain card content until redeemed.

The card variant purchased with a credit may be fixed or editable, depending on the purchased credit type. QR payload type and card data are selected when the actual card is created, subject to the features available at that time.

Card credits may be subject to account status, fraud checks, refund handling, and availability of the card-creation feature.

The current public version of the Services does not offer recurring subscriptions unless a subscription product is expressly shown at checkout or in the authenticated platform. If subscriptions are introduced, the subscription terms, billing cycle, renewal rules, cancellation rules, and price-change rules must be provided before purchase and may be governed by supplemental terms.

12. User Responsibilities and Representations

By using the Services, you represent and warrant that:

• all registration, checkout, billing, and card information you submit is true, accurate, current, and complete;
• you have the legal capacity to agree to these Terms;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Services through automated or non-human means except where permitted by us;
• you will not use the Services for any illegal or unauthorized purpose;
• your use of the Services will not violate applicable law or regulation.

You are responsible for all information, logos, URLs, files, and other content you submit or manage through the Services.

You must ensure that:

• submitted contact details are accurate and lawful;
• you have permission to create cards for the persons or companies concerned;
• you have the right to use uploaded logos, trademarks, names, and images;
• submitted data does not infringe third-party rights;
• submitted data does not impersonate another person or organization;
• submitted data does not contain unlawful, misleading, abusive, malicious, or security-sensitive content;
• direct URLs point only to lawful and authorized destinations;
• card distribution emails are sent only where you have a lawful basis or permission to contact the recipient.

13. Prohibited Activities

You may not access or use the Services for any purpose other than the purpose for which we make the Services available.

You agree not to:

• systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission;
• trick, defraud, mislead, impersonate, or attempt to obtain sensitive account information;
• circumvent, disable, or interfere with security-related features;
• use information obtained from the Services to harass, abuse, or harm another person;
• make improper use of support services or submit false reports;
• use the Services in a manner inconsistent with applicable laws or regulations;
• frame, mirror, or link to the Services in an unauthorized or misleading way;
• upload or transmit malware, viruses, harmful code, spam, or abusive payloads;
• interfere with, disrupt, overload, or create an undue burden on the Services or connected systems;
• attempt to bypass access restrictions or authentication controls;
• copy, adapt, decipher, decompile, disassemble, or reverse engineer software comprising part of the Services except where permitted by applicable law;
• use scraping, robots, offline readers, data mining tools, or similar extraction tools without permission;
• create user accounts by automated means or under false pretenses;
• use the Services to compete with us by copying the platform, workflows, pricing model, design, or generated service output;
• upload or use content that is illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, misleading, or otherwise unlawful;
• upload or use content that violates privacy, publicity, intellectual property, trademark, consumer protection, data protection, or other third-party rights.

Any use of the Services in violation of this section may result in suspension, termination, deletion, refusal of service, or legal action.

14. User Content, Submissions, and License

The Services allow you to submit, upload, enter, import, store, or transmit card data, contact details, logos, images, URLs, group data, template data, spreadsheet rows, email addresses, feedback, and other content ("User Content").

You retain ownership of your User Content.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, transform, resize, generate, display, transmit, distribute, and otherwise use your User Content solely as necessary to provide, secure, support, maintain, and improve the Services. This includes generating wallet passes, QR codes, image variants, previews, transactional emails, wallet save links, pass attachments, and related technical assets.

If you send us questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree that we may use those Submissions for lawful business, support, product, and improvement purposes without compensation to you, subject to applicable law.

You are solely responsible for your User Content. You represent that you have all necessary rights, permissions, consents, and lawful bases to provide and use User Content through the Services.

We may remove, restrict, disable, or refuse User Content if we reasonably believe it violates these Terms, third-party rights, platform rules, security requirements, or applicable law.

15. Intellectual Property Rights

We are the owner or licensee of intellectual property rights in the Services, including source code, databases, functionality, software, website designs, text, graphics, templates, workflows, design systems, trademarks, service marks, and logos (collectively, "Company Content" and "Marks").

Company Content and Marks are protected by copyright, trademark, unfair competition, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to:

• access and use the Services;
• download or print portions of Company Content to which you have properly gained access;
• use generated cards, wallet passes, QR codes, and delivery links for your personal, professional, or internal business-card purposes.

Except as expressly permitted in these Terms, no part of the Services, Company Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for a commercial purpose without our prior written permission.

We reserve all rights not expressly granted to you.

16. Wallet Providers and Third-Party Services

The Services depend on third-party platforms and providers, including Apple Wallet, Google Wallet, Firebase/Google Cloud, Dodo Payments, Resend, Termly, and Google Maps/Places where relevant.

The Services may contain links to third-party websites, payment flows, wallet flows, provider portals, and external content. We are not responsible for the content, accuracy, availability, terms, privacy practices, or policies of third-party websites or services.

Apple Wallet and Google Wallet are provided by third parties. We do not control:

• whether a device supports a specific wallet feature;
• whether Apple or Google accepts, displays, updates, or keeps a wallet pass;
• the timing of wallet updates;
• wallet app availability;
• operating-system behavior;
• user device settings;
• third-party account requirements.

Apple Wallet passes may support update-service behavior. Installed passes may register with the Apple Wallet update service so eligible updates can be published later. Google Wallet cards are created or updated through Google Wallet APIs and are saved through Google-provided save flows.

Optional Apple Wallet lock-screen relevance may use a saved location. Depending on the selected method, this may involve a Google Place ID, Google place lookup, or device/browser coordinates. This feature is optional and Apple-specific.

If you access third-party services through the Services, you do so at your own risk and should review the applicable third-party terms and policies.

17. Privacy Policy and Data Protection

We care about data privacy and security. Please review our Privacy Policy and Cookie Policy, which explain how personal data and tracking technologies are handled.

Privacy Policy:

• https://www.digicard.pro/en/legal/privacy-policy

Cookie Policy:

• https://www.digicard.pro/en/legal/cookies

Customers creating cards for employees, colleagues, clients, or other third parties are responsible for having a lawful basis or authorization to provide that personal data to the Services and to distribute the resulting card.

You acknowledge that a direct vCard QR code intentionally exposes the encoded contact data to persons who scan it.

18. User Data, Backups, and Bearer Links

We maintain certain data that you transmit to the Services for the purpose of operating and securing the Services, fulfilling purchases, managing accounts, supporting cards, and complying with legal obligations.

Although we may maintain backups and operational safeguards, you are responsible for reviewing and preserving your own business-card information where appropriate. We are not responsible for customer-side data loss caused by incorrect input, deleted accounts, revoked links, unsupported devices, third party wallet behavior, or customer misuse, except where liability cannot be limited by applicable law.

Some links, tokens, and delivery URLs may act as bearer credentials. Anyone with a valid bearer link may be able to access the relevant card delivery, checkout success page, claim flow, or wallet save action. You are responsible for keeping these links secure.

19. Services Management

We reserve the right, but not the obligation, to:

• monitor the Services for violations of these Terms;
• take appropriate legal action against users who violate the law or these Terms;
• refuse, restrict, disable, delete, or limit access to cards, groups, assets, links, accounts, or User Content;
• remove files or content that are excessive in size, technically harmful, unlawful, infringing, or burdensome to our systems;
• manage the Services to protect our rights, property, users, providers, and infrastructure.

20. Term, Suspension, and Account Closure

These Terms remain in effect while you use the Services.

We may deny, restrict, suspend, or terminate access to the Services if you violate these Terms, abuse the Services, infringe third-party rights, threaten security, fail payment checks, submit unlawful content, or if suspension is required by law, third-party provider rules, or operational necessity.

If we terminate or suspend your account, you may not create a new account under your name, a false name, a borrowed name, or the name of a third party if doing so is intended to bypass the suspension.

Registered users may close their account through the available account-deletion flow, subject to technical and legal restrictions.

Current account closure may delete user-owned cards, user-owned groups, user-owned assets, app capability links, shopping carts, and card credits. Company-owned business data, company cards, commercial/provider records, audit records, and records required for legal compliance may be preserved with direct account references removed where appropriate.

Account closure may be blocked if the user is the last active owner of a company account or if deletion would violate legal, security, or operational requirements.

21. Modifications, Interruptions, and Corrections

We may change, modify, improve, replace, suspend, discontinue, or remove features or content from the Services where reasonably necessary for security, legal compliance, technical compatibility, provider API changes, product development, maintenance, or business reasons.

We cannot guarantee that the Services will be available at all times. We may experience hosting, software, provider, payment, wallet, or infrastructure issues, or we may need to perform maintenance, resulting in interruptions, delays, or errors.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information on the Services at any time, subject to applicable law and existing order rights.

For one-time purchases, the Terms accepted at checkout generally apply to that order. For ongoing account or platform features, updated Terms may apply after reasonable notice where required. If you do not agree to updated Terms, you may be required to stop using affected account features.

Changes do not limit mandatory statutory rights.

22. Software and EULA

The Services may include software, scripts, APIs, wallet files, downloadable files, or browser-based functionality. If software is accompanied by an end user license agreement ("EULA"), the EULA governs your use of that software in addition to these Terms.

If no separate EULA applies, we grant you a non-exclusive, revocable, personal, non-transferable license to use the relevant software solely in connection with the Services and in accordance with these Terms.

You may not reproduce, redistribute, copy, adapt, reverse engineer, decompile, or misuse software except where expressly permitted by these Terms, the EULA, or applicable law.

23. Warranty, Digital Product Rights, and Disclaimer

For consumers, statutory rights for digital products and services apply. Nothing in these Terms limits mandatory consumer warranty, conformity, update, or defect rights.

For business customers, warranty and defect rights are limited to the extent permitted by law. Business customers must inspect the delivered digital product or service output without undue delay after delivery or availability and notify us of any defect without undue delay after discovery.

For business customers, claims for defects are excluded where the issue is caused by:

• incorrect, incomplete, unlawful, or unsuitable data entered by the customer;
• customer-selected colors, logos, text, QR payloads, URLs, or design choices;
• unauthorized or infringing use of names, brands, logos, images, or contact data;
• unsupported devices, third-party wallet-provider behavior, operating-system changes, or third-party account requirements;
• customer-side modifications, misuse, or failure to follow reasonable instructions;
• interruption, discontinuation, or change of third-party services outside our reasonable control.

For business customers, the limitation period for defect claims is one year from delivery or availability of the affected digital product or service output, to the extent permitted by law. This limitation does not apply to claims based on intent, gross negligence, injury to life, body, or health, fraudulent concealment of a defect, a guarantee expressly given by us, mandatory product liability, or other claims that cannot be limited by law.

Because wallet behavior depends on third-party platforms and user devices, a technical limitation caused by Apple, Google, device settings, unsupported hardware, operating-system changes, or third-party account restrictions may not be a defect of our Services unless required by applicable law.

The Services are provided on an "as is" and "as available" basis to the extent permitted by law. We do not guarantee that the Services will be uninterrupted, error-free, compatible with every device, or permanently available in their current form.

Nothing in this section limits mandatory statutory rights.

24. Limitations of Liability

Nothing in these Terms excludes or limits liability where exclusion or limitation is not permitted by law, including liability for intent, gross negligence, injury to life, body, or health, mandatory product liability, or fraudulent concealment.

In cases of ordinary negligence, we are liable only for breach of a material contractual obligation. Material contractual obligations are obligations whose fulfillment makes proper performance of the contract possible and on whose compliance you may regularly rely. In those cases, liability is limited to the typical and foreseeable damage at the time of contract formation, unless a broader liability is mandatory by law.

Subject to mandatory law, we are not liable for damage caused by:

• incorrect data entered by you;
• unauthorized use of third-party names, brands, logos, or contact data;
• contact data copied by third parties after scanning a QR code;
• your failure to secure bearer links or account credentials;
• unsupported devices or third-party wallet restrictions;
• downtime or failures of Apple, Google, Dodo Payments, Resend, Firebase, Termly, Google Maps/Places, internet providers, or other third-party services;
• indirect damages, lost profits, lost revenue, loss of data, business interruption, or consequential damages, except where liability cannot be limited by law.

For business customers, our liability for ordinary negligence is limited to the amount paid by the customer for the affected order or, for ongoing paid services, the amount paid during the six months before the event giving rise to the claim, to the extent permitted by law. This cap does not apply to liability for intent, gross negligence, injury to life, body, or health, mandatory product liability, fraudulent concealment, guarantees expressly given by us, or other liability that cannot be limited by law.

25. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us harmless from claims, damages, liabilities, losses, and reasonable costs arising out of:

• your User Content;
• your use of the Services;
• your breach of these Terms;
• your violation of applicable law;
• your violation of third-party rights, including intellectual property, privacy, publicity, or data protection rights;
• your unauthorized creation or distribution of cards for third parties;
• your misuse of wallet delivery links, QR codes, or direct URLs.

This indemnification does not apply where prohibited by mandatory consumer law.

26. Electronic Communications, Transactions, and Signatures

Visiting the Services, creating an account, completing online forms, starting checkout, accepting checkboxes, and sending us emails constitute electronic communications.

You consent to receive electronic communications from us where permitted by law. Agreements, notices, disclosures, confirmations, transactional emails, and other communications provided electronically may satisfy legal writing requirements where permitted by law.

You agree to the use of electronic contracts, orders, records, and signatures in connection with transactions initiated or completed through the Services, unless mandatory law requires another form.

27. Governing Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of Germany. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

If you are a consumer, this choice of law does not deprive you of mandatory consumer protection provisions that apply under the law of your country or state of habitual residence and that cannot be excluded by contract.

If you are a business customer, merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction, to the extent permitted by law, is the court competent for our registered office in Germany.

For consumers, statutory places of jurisdiction apply. A consumer may bring claims in Germany or in another court that has jurisdiction under mandatory consumer protection rules.

28. Consumer Dispute Resolution

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The European Online Dispute Resolution platform was discontinued on July 20, 2025. We therefore do not include a link to that discontinued platform.

29. Miscellaneous

These Terms and any policies or operating rules posted by us on or in respect of the Services constitute the entire agreement between you and us regarding the Services, unless separate written terms apply.

Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision.

We may assign our rights and obligations to another entity in connection with a reorganization, merger, acquisition, sale of assets, or similar transaction, subject to applicable law.

We are not responsible for delay or failure to act caused by events beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions, to the extent permitted by law.

No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or use of the Services.

30. Contact Us

To resolve a complaint regarding the Services, ask a question about these Terms, or receive further information about use of the Services, please contact us at:

palmstudio GmbH
Pfalzgrafenstraße 38
67434 Neustadt an der Weinstraße
Germany

Support page: https://www.digicard.pro/en/support

Support email: support@digicard.pro