Terms of Service

1. Agreement and Operator

These Terms of Service (“Terms”) form a legally binding agreement between the person or entity using Nexcard (“you”, “your” or “User”) and the business operating the Nexcard platform (“Nexcard”, “we”, “us” or “our”). Nexcard provides digital business cards, smart NFC business cards, QR-code sharing, digital profiles, lead capture tools, contact scanning, team administration, analytics and related products and services (collectively, the “Services”).

By creating an account, purchasing a product or subscription, accessing a Nexcard profile, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you use Nexcard for an employer, company or other organisation, you represent that you have authority to bind that organisation.

2. Eligibility and Accounts

• You must have legal capacity to enter into a contract under applicable law. If you are under the age of legal majority, you may use the Services only with appropriate parent or guardian authorisation.
• You must provide accurate, current and complete account information and keep it updated.
• You are responsible for protecting your password, account credentials, NFC products and administrative access, and for activity occurring through your account.
• Notify Nexcard promptly if you suspect unauthorised access, loss of credentials or a security incident.

3. Nexcard Services

Nexcard may provide individual, business and enterprise plans. Features may include one or more digital cards, branded QR codes, custom colours and designs, lead capture forms, contact scanning, shared lead dashboards, team administration and physical NFC products. Features, limits and pricing shown on the website or in an accepted quotation form part of your order.

Recipients generally access shared profile information through a compatible web browser, NFC-enabled device or QR scanner. Device compatibility, mobile network availability and third-party software may affect functionality. Nexcard does not guarantee that every device or third-party platform will support every feature.

4. Orders, Subscriptions and Payments

Prices are displayed in Tanzanian shillings (TZS) unless stated otherwise. Applicable taxes, delivery charges or transaction fees may be added where required.

Paid subscriptions are billed at the interval disclosed at checkout, in the applicable plan or in an enterprise agreement. If recurring billing is enabled, you authorise the applicable payment provider to charge the amount due until cancellation.

A purchase confirmation acknowledges receipt of an order but does not require Nexcard to accept an order that cannot lawfully or reasonably be fulfilled. If Nexcard cancels an already-paid order, the affected amount will be refunded subject to the payment provider’s processing time.

Customised or personalised NFC cards may enter production shortly after approval and may not be cancellable or refundable once production has begun, except where required by law or where the product is defective or materially differs from the approved specification.

Nexcard may change future pricing or plan features on reasonable notice. Changes do not retroactively alter fees already paid for a completed billing period unless required by law.

5. Delivery, Activation and Physical Products

Estimated delivery dates are estimates, not guarantees. Delays may occur due to customisation, courier operations, location, force majeure or circumstances beyond Nexcard’s reasonable control. Risk in physical products passes as provided by applicable law and the delivery terms presented at checkout. Users should inspect delivered products promptly and report defects or incorrect items within the period stated in Nexcard’s then-current returns/refund policy.

NFC tags and QR codes are access mechanisms. Nexcard does not warrant uninterrupted operation where a device has NFC disabled, the tag is damaged, a QR code is obscured, internet access is unavailable, or a third-party operating system changes compatibility.

6. Your Content and Contact Data

You retain ownership of content and data you submit to Nexcard, including profile text, logos, photographs, links, contact details and lead/contact records (“User Content”). You grant Nexcard a non-exclusive, worldwide, royalty-free licence to host, reproduce, process, transmit, display, back up and technically modify User Content only as reasonably necessary to operate, secure, support and improve the Services and to comply with law.

You are responsible for ensuring that you have the necessary rights, notices, permissions and lawful basis to upload, publish, collect or use User Content and contact/lead data. In particular, a business customer that captures information about prospects, employees or other individuals through Nexcard remains responsible for its own compliance with applicable privacy, direct-marketing and communications laws.

7. Public Profiles and Sharing

Information that you choose to place on a publicly accessible Nexcard profile may be viewed, copied, saved or shared by anyone who receives the profile link, QR code or NFC tap. Do not publish confidential, sensitive or unnecessary personal information. You are responsible for choosing what information is made public and for keeping it accurate.

8. Team and Enterprise Accounts

Where an organisation manages Nexcard profiles for its personnel, designated administrators may create, edit, suspend or remove profiles, control branding, manage seats and access information made available through the organisation’s workspace. The organisation is responsible for informing its personnel about such administrative access and for using it lawfully. If your organisation controls your account, your access may end when your relationship with that organisation ends.

9. Acceptable Use

You must not use Nexcard to:

• violate any applicable law, court order or regulatory requirement;
• impersonate another person or misrepresent your identity, affiliation, qualifications or authority;
• publish or transmit unlawful, fraudulent, defamatory, threatening, harassing, hateful, obscene or infringing material;
• send spam, unsolicited bulk communications or unlawful direct marketing;
• collect, scrape, harvest or process personal data without appropriate authority or lawful basis;
• introduce malware, malicious code or security threats, or attempt to bypass authentication or access controls;
• probe, scan, reverse engineer or interfere with the platform except to the extent such restriction is prohibited by law;
• use automated tools to scrape or copy the Services, or use the Services to build a materially competing product through unauthorised extraction of Nexcard content or functionality;
• infringe intellectual property, privacy, publicity or other rights of Nexcard or any third party.

Nexcard may investigate suspected abuse, restrict content, suspend accounts, preserve evidence and cooperate with lawful requests from competent authorities where permitted or required by Tanzanian law.

10. Intellectual Property

Except for User Content and third-party materials, Nexcard and its licensors own the platform, software, designs, trademarks, trade dress, documentation, databases and other intellectual property in the Services. Subject to these Terms, Nexcard grants you a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended purpose during your authorised access period. No ownership rights are transferred to you.

11. Third-Party Services and Links

Profiles may link to WhatsApp, social networks, websites, payment services, CRM tools, maps or other third-party services. Those services are governed by their own terms and privacy practices. Nexcard is not responsible for third-party availability, content, security or acts and omissions. Integration availability may change if a third party changes or withdraws its service.

12. Availability, Maintenance and Changes

Nexcard aims to provide reliable Services but does not promise uninterrupted or error-free availability. We may perform maintenance, apply security updates, change features or discontinue features where reasonably necessary. For material changes that significantly reduce a paid Service, we will provide notice where reasonably practicable and any remedy required by applicable law or contract.

13. Suspension and Termination

You may stop using the Services at any time and may cancel a subscription using the available account process or by contacting Nexcard. Cancellation ordinarily prevents future renewal but does not automatically entitle you to a refund for an already-started billing period unless the applicable plan, refund policy or law provides otherwise.

Nexcard may suspend or terminate access where you materially breach these Terms, fail to pay amounts due, create security or legal risk, misuse the Services, or where suspension is required by law. Where appropriate, Nexcard will provide notice and a reasonable opportunity to remedy a breach. Provisions that by their nature should survive termination—including ownership, payment obligations, disclaimers, liability, indemnity and dispute provisions—will survive.

14. Privacy and Data Protection

Nexcard processes personal data in accordance with its Privacy Policy and applicable Tanzanian data-protection law, including the Personal Data Protection Act, 2022 (Cap. 44) and applicable regulations. Where a business customer determines the purposes and means of processing lead or contact data and Nexcard processes that data on its behalf, the parties may enter into a separate data processing agreement where appropriate.

15. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as available” basis. Nexcard does not guarantee that use of a digital business card will generate leads, sales, employment, contracts or other business outcomes. Nothing in these Terms excludes statutory guarantees, consumer rights or liabilities that cannot lawfully be excluded or limited.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Nexcard will not be liable for indirect, incidental, special, punitive or consequential loss, or for loss of profits, revenue, goodwill, business opportunity or data, arising from use of the Services, except where such exclusion is prohibited by law. For claims that may lawfully be limited, Nexcard’s aggregate liability arising from the Services will not exceed the fees paid by you to Nexcard for the affected Service during the twelve months preceding the event giving rise to the claim. This limitation does not apply to fraud, wilful misconduct, death or personal injury caused by negligence where liability cannot be limited, or any other liability that applicable law prohibits from being limited.

17. Indemnity

To the extent permitted by law, you agree to indemnify Nexcard against third-party claims, losses and reasonable costs arising from your unlawful User Content, your unauthorised collection or use of personal data, your infringement of third-party rights, or your material breach of these Terms. This provision does not require you to indemnify Nexcard for losses caused by Nexcard’s own unlawful conduct.

18. Force Majeure

Neither party will be responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, widespread telecommunications or power failures, governmental actions, labour disruptions, epidemics, war or major third-party infrastructure failures, provided the affected party takes reasonable steps to mitigate the impact.

19. Governing Law and Disputes

These Terms are governed by the laws of the United Republic of Tanzania. The parties should first attempt in good faith to resolve a dispute through written notice and negotiation. If the dispute is not resolved, either party may pursue remedies before a court of competent jurisdiction in Tanzania, subject to any mandatory consumer or statutory dispute-resolution rights that apply.

20. Changes to These Terms

Nexcard may update these Terms to reflect changes in the Services, law, security practices or business operations. The updated version will be posted with a revised effective date. Where a change materially affects existing users’ rights or obligations, Nexcard will provide additional notice where required or reasonably practicable. Continued use after the effective date constitutes acceptance to the extent permitted by law.

21. General

If any provision is held unenforceable, the remaining provisions remain effective. Failure to enforce a provision is not a waiver. You may not assign your account or rights under these Terms without Nexcard’s consent, except where applicable law permits. Nexcard may assign these Terms as part of a merger, restructuring, sale of business or transfer of the Services, subject to applicable law. These Terms, the Privacy Policy and any applicable order form or enterprise agreement constitute the agreement governing the Services; an expressly negotiated written agreement prevails over these Terms to the extent of a conflict.

22. Contact

Questions, legal notices and support requests should be sent through the contact details published on the Nexcard website.