TERMS AND CONDITIONS OF USE

Version 2.0

Last updated: 15 June 2026

Please read these terms and conditions of use (the "Terms") carefully (in particular, Section 7 "Subscription Fees and Payment" and Section 9 "Mandatory Binding Arbitration and Class Action Waiver") before purchasing a subscription or otherwise using our Service.

This Service includes subscriptions that automatically renew. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the trial (if applicable) or the then-current subscription period. When purchasing a subscription that automatically renews, you agree to its auto-renewal nature and to its terms defined near the point of purchase and acknowledge that to avoid charges you would need to affirmatively cancel it.

Depending on where you purchased your subscription, if you are unsure how to cancel it, please visit the Apple support website, Google Play help, or your account settings on our website. Deleting the App does not cancel your subscription.

Our privacy practices are described in detail in our Privacy Policy at digitalbusinesscard.com/privacy. Please review it to understand how your personal data is collected, used, and shared.

PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 9 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. EXCEPT AS SPECIFIED BELOW IN SECTION 9, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 9, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.

FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), CLASS ACTION WAIVER (SECTION 9), DISCLAIMERS OF WARRANTIES (SECTION 13), AND LIMITATION OF LIABILITY (SECTION 14).

Contents

  1. Acceptance of Terms
  2. Important disclaimers
  3. Profile registration
  4. Service
  5. AI features
  6. App stores, third party ads, other users
  7. Subscription fees and payment
  8. B2B subscriptions and team accounts
  9. Mandatory binding arbitration and class action waiver
  10. User-generated content
  11. Lead Capture data and Recipients
  12. User representations and restrictions
  13. Disclaimer of warranties
  14. Limitation of liability
  15. Indemnity
  16. International use
  17. Governing law and venue
  18. Miscellaneous provisions
  19. Contact

1. Acceptance of Terms

1.1. The provisions of these Terms govern the relationship between you and IT FOR TOMORROW LTD (registration No. HE 466470, VAT No. CY60105017J) with registered office at 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, and/or its affiliates ("we", "us", "our" or the "Company") regarding your use of the Company's mobile application "DBC: Digital Business Card", websites (including digitalbusinesscard.com), and related services (the "App", "Service"), including all information, text, graphics, software, and services available for your use (the "Content").

1.2. These Terms establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.3. You must accept these Terms to create a DBC account and to access or use the Service. If you do not have an account, you accept these Terms by using any part of the Service. If you do not accept these Terms, do not create an account or use the Service.

1.4. Please review also our Privacy Policy at digitalbusinesscard.com/privacy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

1.5. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at digitalbusinesscard.com/terms and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.

1.6. To the extent permitted by applicable law, we may change, modify, supplement, or remove portions of these Terms on this page of the Website from time to time in our sole discretion or, where required by applicable law, upon notice to you.

1.7. If any changes to these Terms may affect your use of the Service or your legal rights as a user of our Service, we will strive to notify you before the update's effective date by sending an email to the email address connected with your account or by any other convenient means. Such updates will be effective no less than 14 days from the date of notification unless applicable laws mandate a longer notice period, in which case the notice period will be no less than 30 days.

1.8. Any other changes will be notified to you only by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change.

1.9. If you do not agree to the revisions, please stop using the Service, delete your account, or cancel your subscription before the effective date of the revised Terms. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.

1.10. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

2. Important disclaimers

2.1. Professional networking tool. The Service is a professional networking and digital business card tool. It allows you to create, share, and manage digital business cards and to collect contact information from individuals you network with. The Service is intended only as a tool to facilitate professional networking and is not a substitute for any professional advice (legal, financial, tax, employment, or otherwise).

2.2. No guarantee of business outcomes. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL RESULT IN ANY SPECIFIC BUSINESS OUTCOMES, LEADS, CUSTOMERS, REVENUE, EMPLOYMENT, OR PROFESSIONAL OPPORTUNITIES. ANY TESTIMONIALS, EXAMPLES, STATISTICS, OR CASE STUDIES PRESENTED ON THE SERVICE ARE NOT GUARANTEES OR PROMISES OF SIMILAR RESULTS FOR YOU. EACH USER'S RESULTS DEPEND ON THEIR INDUSTRY, NETWORK, EFFORT, AND MANY OTHER FACTORS BEYOND OUR CONTROL.

2.3. Accuracy of content you provide. You are solely responsible for the accuracy, completeness, and lawfulness of all information you provide on your digital business card, including your name, job title, company affiliation, contact details, photographs, links, and any other content. We do not verify the truthfulness of the information you submit. You represent and warrant that all information you display on your card is accurate, current, and that you have all necessary rights and authorizations to display such information (including any company name, logo, or affiliation).

2.4. AI features disclaimers. The Service includes AI-powered features, including the AI Contact Scanner. Outputs from AI features are probabilistic and may contain inaccuracies, omissions, or errors. See Section 5 of these Terms for additional details and disclaimers regarding our AI features.

2.5. No employment, agency, or partnership. Nothing in these Terms or in your use of the Service creates an employment, agency, partnership, joint venture, or franchise relationship between you and the Company.

2.6. Third-party integrations. The Service offers integrations with third-party tools (such as Salesforce, HubSpot, Google Workspace, Zapier, monday.com, Pipedrive, Zoho CRM, and others). The Company is not responsible for the availability, accuracy, security, or performance of any third-party service. Use of any third-party integration is subject to the terms and policies of the relevant third party.

3. Profile registration

3.1. To use certain features of the Service, you may need to register a profile ("Profile") and provide certain information about yourself as prompted by the registration form.

3.2. If you register a Profile, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.

3.3. The Service is not intended to be used by individuals under the age of 18. By using the Service, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by their terms and conditions.

3.4. The Company reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your Profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3.6. By using the Service, you agree to receive certain communications from us related to the operation of the Service, including transactional emails (account verification, subscription notifications, billing receipts, and security alerts). You can opt out of non-essential marketing communications by unsubscribing from such emails or by adjusting your account preferences.

4. Service

4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content, and excluding any User Content as defined in Section 10) are proprietary to us or to third parties.

4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

4.3. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to: (i) use the Service solely for your personal or internal business networking purposes; and (ii) install and use the App solely on your own handheld mobile device (e.g., iPhone, Android) and solely for the purposes set forth above.

4.4. You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

4.5. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

4.6. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. Except to the extent prohibited by law (including Australian Consumer Law) or otherwise inapplicable, the Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. If such changes affect your use of the Service, you may delete your account or cancel your subscription at any time.

4.7. Your access to and use of the Service is at your own risk. Except to the extent prohibited by law (including Australian Consumer Law) or otherwise inapplicable, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party that results from your access to or use of the Service, or reliance on any information or advice obtained through the Service.

4.8. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time at the Company's sole discretion. Where customer support is provided, it is provided at support@digitalbusinesscard.com or via the in-app chat functionality.

5. AI features

5.1. AI Contact Scanner. The Service includes an AI Contact Scanner that allows you to upload photographs of paper business cards and automatically extract contact information into structured digital contacts. The photograph is transmitted from your device to our servers and then forwarded to our AI processing partner for image recognition and text extraction. Both the original photograph and the extracted contact data are stored in your account.

5.2. AI accuracy disclaimer. AI FEATURES ARE PROBABILISTIC TECHNOLOGY AND MAY PRODUCE INACCURATE, INCOMPLETE, OR UNEXPECTED RESULTS. THE ACCURACY OF AI OUTPUTS DEPENDS ON MANY FACTORS, INCLUDING THE QUALITY OF THE INPUT (E.G., LEGIBILITY OF A SCANNED BUSINESS CARD), THE LANGUAGE AND FORMATTING OF THE INPUT, AND THE UNDERLYING CAPABILITIES OF THE AI MODELS WE USE. YOU ACKNOWLEDGE AND AGREE THAT:

(a) AI outputs are provided on an "AS IS" basis without warranty of accuracy;

(b) you are responsible for reviewing AI outputs before relying on them for business or legal decisions (for example, verifying that an extracted contact's fields are correct before adding them to your CRM or sending a message);

(c) AI features are not a substitute for professional advice; and

(d) to the maximum extent permitted by applicable law, we disclaim all liability for any decisions made or actions taken in reliance on AI outputs.

5.3. Your responsibility for third-party data uploaded to AI features. Photographs of business cards you upload may contain personal data of third parties (the individuals whose business cards you are scanning). You represent and warrant that you have a legal basis to process such third-party personal data, including, where required by applicable law, the individual's consent. We do not assume responsibility for your compliance with applicable law regarding the third-party data you submit.

5.4. AI training. We do not provide your inputs to AI features, AI-generated outputs, or other personal data to third parties for the purpose of training, retraining, fine-tuning, or improving general-purpose AI models. Our AI processing partners have contractually committed not to use API data to train their models. See Section 7 of our Privacy Policy for additional details on AI usage.

5.5. Opting out of AI features. Use of AI features is optional. You can choose not to use AI features (for example, by not uploading photographs to the AI Contact Scanner) without affecting your ability to use other parts of the Service.

6. App stores, third party ads, other users

6.1. You acknowledge and agree that the availability of the App on mobile devices is dependent on the third party from which you received the App, e.g., the Apple App Store and/or Google Play Store (collectively, "App Stores" and each, an "App Store").

6.2. You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.

6.3. The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company, and the Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Ads. When you link to a third-party site, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. Your transactions and other dealings with the Third Party Ads, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

6.4. Each user of the Service is solely responsible for any and all of his or her User Content (as defined in Section 10). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

6.5. You hereby release us, our officers, employees, agents, and successors from claims, demands, and any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Ads.

7. Subscription fees and payment

7.1. Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company (including through our website at digitalbusinesscard.com) or, where available, through an App Store either by: (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) prepayment giving you access to the Service for a specific time period (together or separately, "Purchase").

7.2. Price changes. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. Except to the extent prohibited by law (including Quebec Consumer Law), we will notify you of any such pricing changes in the manner and within the timeframe required by applicable law. Where no specific timeframe is mandated, we will provide notice by posting the new prices on or through the App, by sending you an email notification, or in other prominent ways, and such updates will become effective as specified in the notification. If you do not wish to pay the new fees, you can cancel the applicable subscription or abstain from prepaying for access to the Service.

7.3. Authorization to charge. You authorize us and the App Stores (where applicable) to charge the applicable fees to the payment method that you submit, including Purchase fees and, where applicable, any taxes and other charges disclosed to you on the Service.

7.4. Automatically renewing subscriptions. By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the App Stores (where applicable) to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional (introductory) and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

7.5. Subscription cancellation. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. For subscriptions purchased through our website, you may cancel through your account settings. For subscriptions purchased through Apple App Store or Google Play Store, you must cancel through the respective App Store account settings.

7.6. Subscription trials. We may offer a paid or unpaid trial subscription for the Service. A trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the trial period, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the trial, or any of these Terms without notice and with no liability, except where otherwise required by law. We reserve the right to limit your ability to take advantage of multiple trials.

7.7. Expiration of paid access. The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

7.8. App Store refunds. Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds directly for App Store purchases. You will have to contact App Store support.

7.9. No refunds on subscriptions. Subject to clauses 7.10 through 7.13 below, you agree that the Purchase is final, that the Company will not refund any transaction once it has been made, and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, the Company will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of applicable law. The Company may also provide refunds at its sole discretion and subject to our policies as may be published from time to time.

A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a request for a refund, we will not be able to provide you with a refund.

7.10. Money-back guarantee. In addition to refund rights available under applicable laws and other clauses below, if you purchased our subscription directly on our website and the money-back option was presented to you during checkout, you are eligible to receive a refund if you are not satisfied with the business networking outcomes from your use of the Service, provided that all of the following conditions are met:

(a) you contact us at support@digitalbusinesscard.com within 30 days after your initial purchase and before the end of your subscription period;

(b) within those 30 days, you generated at least 30 unique card views of your digital business card, demonstrating that you actively used the Service;

(c) you completed setup of at least one digital business card by providing your name, job title, and contact details;

(d) you are able to demonstrate that you have actively used the Service pursuant to the requirements stated below in the "How to demonstrate active use" subsection;

(e) the money-back option was presented to you during checkout for the specific Purchase for which you are claiming a refund; and

(f) you have not previously received a refund under this Money-Back Guarantee in respect of the same account.

We will review your application and notify you (by email or otherwise) whether your application is approved.

How to demonstrate active use. You can demonstrate that you have actively used the Service by fulfilling the following condition:

You provide screenshots from your DBC account proving that you have generated at least 30 unique card views within the first 30 days after the purchase, or you grant our team permission to verify your account activity directly within our systems.

Important statement. Please note that only fulfillment of the above requirements allows you to receive a refund under this Money-Back Guarantee. For the sake of clarity, this Money-Back Guarantee does not apply to any other instances, including (without limitation) where the money-back option was not presented to you at checkout, where you fail to provide the required proof of active use, or where your subscription was purchased through an App Store rather than directly through our website. Subscriptions purchased through an App Store are governed by clause 7.8 above.

7.11. California and Connecticut — three-day right of cancellation. If you reside in California or Connecticut and cancel your purchase at any time prior to midnight of the third business day after the date of such purchase, we will return the payment you have made. To exercise this right, please contact us at support@digitalbusinesscard.com with the subject line "CALIFORNIA/CONNECTICUT 3-DAY CANCELLATION" and provide your order number and account email.

7.12. EEA, UK, and Switzerland — Right of Withdrawal. If you are a consumer based in the EEA, the UK, or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Services. By signing up for our Service, which is provided on a continuous basis (such as a subscription), you expressly request and consent to the immediate supply of such Service. Therefore, if you exercise your right of withdrawal, we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract.

Exercise of the Right of Withdrawal. Where you have not lost your right of withdrawal, the withdrawal period will expire 14 days after the day you enter into the contract. To exercise your right of withdrawal, you must inform us — IT FOR TOMORROW LTD, 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, email: support@digitalbusinesscard.com — of your decision to withdraw from a contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying you wish to withdraw from the contract before the withdrawal period has expired.

Model Withdrawal Form

To: IT FOR TOMORROW LTD, 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, email: support@digitalbusinesscard.com

I hereby give notice that I withdraw from my contract for the following service:

Received on:

Name:

Address:

Signature: (required only if sent by post mail)

Date:

7.13. Quebec — Right of Cancellation. If you are a consumer based in Quebec, you have an automatic legal right to cancel a contract for Services involving sequential performance.

Exercise of the Right of Cancellation. If you sign up for a subscription to the Service directly from us, you may cancel the contract at any time by sending the form below or another notice in writing for that purpose to IT FOR TOMORROW LTD, 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, email: support@digitalbusinesscard.com — of your decision to cancel the subscription by an unequivocal statement (e.g., a letter sent by post or email).

Model Cancellation Form

To: IT FOR TOMORROW LTD, 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, email: support@digitalbusinesscard.com

Date: [date on which form is sent]

Under section 193 of the Consumer Protection Act, I cancel the contract [contract number, if any] entered into [date when contract was entered into] at [place where contract was entered into] [name of consumer]

[signature of consumer]

[address of consumer]

7.14. Subscription Terms incorporated by reference. We may post clear and conspicuous Subscription Terms from time to time on our website and within the App. Such Subscription Terms are incorporated by reference into these Terms.

8. B2B subscriptions and team accounts

8.1. Team accounts. We offer organizations the option to obtain the Service as a corporate or team solution ("B2B Subscription" or "Team Account"). A Team Account is operated by an organization or business entity that designates one or more administrators (each, an "Administrator") to manage the account.

8.2. Administrator authority. By creating a Team Account, the Administrator represents and warrants that: (i) the Administrator has the authority to bind the relevant organization to these Terms; (ii) the Administrator is authorized to add or remove team members and manage subscription seats on behalf of the organization; and (iii) the organization will be responsible for all fees and obligations arising under the Team Account.

8.3. Team members. When an Administrator adds a team member to a Team Account, the team member may be required to accept these Terms before accessing the Service. Each team member is bound by these Terms in respect of their individual use of the Service.

8.4. Pricing and billing. B2B Subscriptions are billed on a per-card-per-month basis, with monthly and annual billing options. Specific pricing, billing intervals, and payment terms will be disclosed at or near the point of purchase or in a separate written agreement with the organization.

8.5. 14-day grace period for non-payment. In the event of non-payment for a B2B Subscription, the Company will provide the Administrator with a notice of non-payment and a 14-day grace period to cure the non-payment before suspending or terminating access to the Team Account. During the grace period, the Service may remain operational at the Company's discretion.

8.6. Card deletion upon termination. Upon termination of a Team Account (whether by the Administrator, expiration of the subscription, or by the Company for non-payment or breach), the digital business cards associated with the Team Account will become inactive and may, after a reasonable transition period communicated to the Administrator, be deleted from our systems. The Administrator is responsible for exporting or backing up any data the organization wishes to retain before the deletion.

8.7. Data Processing Agreement. Where the organization requires a separate Data Processing Agreement ("DPA") to govern the processing of personal data of team members or Recipients (as defined in Section 11), the Administrator may request a DPA by contacting legal@digitalbusinesscard.com. The Company makes available a standard DPA template suitable for enterprise customers.

8.8. Relationship to individual Terms. These Terms apply to both individual users and Team Account users. In the event of a conflict between these Terms and a separately executed written agreement between the Company and an organization for a B2B Subscription, the separately executed agreement shall prevail with respect to that organization's Team Account.

9. Mandatory binding arbitration and class action waiver

This Section 9 of these Terms shall be referred to as the "Arbitration Agreement."

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, GIVE YOU THE RIGHT TO RESOLVE YOUR DISPUTE OR CLAIM BEFORE THE COURTS OF THAT JURISDICTION NOTWITHSTANDING THE ARBITRATION AGREEMENT IN THIS SECTION 9, IN WHICH CASE YOU MAY ELECT EITHER TO DO SO OR TO PROCEED IN ARBITRATION, AT YOUR CHOICE.

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IN PARTICULAR:

(1) All claims must be resolved through binding arbitration by a neutral arbitrator;

(2) You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;

(3) You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;

(4) The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding, except as expressly provided in Section 9.6 ("Batch Arbitration").

9.1. Applicability of Arbitration Agreement. This Arbitration Agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns), including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms ("Dispute"), except claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction.

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt out to legal@digitalbusinesscard.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. If you opt out of this Arbitration Agreement, the Company also will not be bound by it, and any Dispute shall be resolved in accordance with Section 17. If you do not exercise the right to opt out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

The relevant arbitrator shall have sole authority to determine the applicability, existence, validity, and termination of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.

9.2. Initial Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at legal@digitalbusinesscard.com or at IT FOR TOMORROW LTD, 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company, and good-faith negotiations will be a condition to either party initiating an arbitration.

Engaging in an informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

9.3. Mandatory Arbitration. This Arbitration Agreement provides that all Disputes must be resolved through BINDING ARBITRATION, except to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (INCLUDING QUEBEC CONSUMER LAW), YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND AGREE TO HAVE OUR DISPUTES FINALLY SETTLED BY BINDING ARBITRATION before one arbitrator administered by:

(a) the London Court of International Arbitration ("LCIA") if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted; or

(b) Judicial Arbitration and Mediation Services, Inc. ("JAMS") if you are a U.S. resident. Disputes involving claims and counterclaims under USD 250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures.

In each case, the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

9.4. Waiver of Class Action and Collective Relief.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CLASS ACTION WAIVERS. IF THESE LAWS APPLY TO YOU, THE EXCLUSION BELOW MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

EXCEPT AS SPECIFIED IN THE "BATCH ARBITRATION" SECTION BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.

9.5. Arbitration Procedures.

Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties' Dispute. The following procedures are applicable to all arbitration proceedings involving you and the Company.

Seat of Arbitration. The seat of the arbitration shall be: (a) if you are not a U.S. resident, London, United Kingdom; or (b) if you are a U.S. resident, Delaware, U.S.

Choice of Law. The governing law applicable to the Arbitration Agreement and the arbitration shall be: (a) if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law's conflict of laws rules; or (b) if you are a U.S. resident, Delaware law, consistent with the Federal Arbitration Act and applicable statutes of limitations, having regard to claims of privilege recognized at law.

Language. The language of the arbitration shall be English.

Fees. If you are a consumer and you initiate arbitration against us, the only filing fee you will be required to pay is USD 250 and the rest of the filing fees (if any) shall be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, we will cover all other arbitration costs, including case management fees and all professional fees for the arbitrator's services (but not your attorneys' fees, if any). If we initiate arbitration against you and you are a consumer, we will pay for all costs associated with the arbitration (but not your attorneys' fees, if any). The parties shall be responsible for paying their own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area.

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator's appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other. Ex-parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award.

Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.

Waiver of Appeal. The parties agree that the award shall be final and binding upon the parties and waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court.

Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.

9.6. Batch Arbitration. To the extent permitted by applicable law, to increase the efficiency of resolution, in the event 100 or more similar arbitration demands against the Company, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period:

(a) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands);

(b) claimants' counsel shall organize and present the batched demands to the Arbitration Provider in a format as directed by the arbitration provider;

(c) the Arbitration Provider shall provide for the resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and

(d) the Arbitration Provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch.

You agree to cooperate in good faith with the Company and the Arbitration Provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section.

All parties agree that requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the Arbitration Provider, and the Arbitration Provider shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by the Company.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly outlined in this provision.

9.7. Severability of Arbitration Agreement. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis according to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court under Section 17, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.

9.8. Survival. This Arbitration Agreement shall survive termination of these Terms.

10. User-generated content

10.1. User Content defined. "User Content" means any content, materials, or information (including, without limitation, text, graphics, messages, photos, images, links, and works of authorship) that you upload, send, email, display, perform, distribute, post, or otherwise transmit to us, at our request or on your own initiative, on or through the Service. User Content includes, without limitation, the content of your digital business card (such as your name, job title, company name, contact details, photographs, custom banners or logos, and links), photographs you upload through the AI Contact Scanner, messages you submit through our support channels, and content you configure for Lead Capture forms.

10.2. Grant of License. You hereby grant the Company, its sublicensees, successors, and assigns a royalty-free, perpetual, sublicensable, assignable, non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, communicate to the public, perform, display, and otherwise use any User Content (in whole or in part) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such User Content, solely for the purpose of operating, providing, improving, and promoting the Service.

10.3. Exclusion of personal data. The license granted herein explicitly excludes any personal data as defined under applicable privacy laws and regulations. Processing of personal data is governed by our Privacy Policy.

10.4. Your representations. You hereby represent and warrant that you own all rights, title, and interest in and to your User Content, or are otherwise authorized to grant the rights provided to the Company under this section. You also warrant that to the extent you are not the exclusive holder of all Rights in any User Content, any third-party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

10.5. Revocation. If you would like to revoke the granted license to specific User Content, please contact us at legal@digitalbusinesscard.com. We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur if Content you post or transmit to our Services is removed.

11. Lead Capture data and Recipients

11.1. Lead Capture feature. The Service includes a Lead Capture feature that allows users (for example, professionals using DBC to network) to collect contact information from individuals who interact with their digital business card. When such an individual (the "Recipient") submits a Lead Capture form, they provide personal data such as name, email address, phone number, company name, or other information configured by the DBC user.

11.2. Roles and responsibilities. With respect to Lead Capture data:

(a) the DBC user is the data controller of the Lead Capture data. The DBC user determines what information to collect, why, and how to use it after collection.

(b) the Company is the data processor with respect to Lead Capture data. We store this data in the DBC user's account, transmit it to third-party integrations (such as Salesforce, HubSpot, Zoho CRM, Pipedrive, monday.com, Google Sheets, or Zapier) as configured by the DBC user, and otherwise process it strictly on the DBC user's instructions.

11.3. Your obligations as data controller. By using the Lead Capture feature, you (as a DBC user) represent and warrant that you have established your own legal basis for collecting and processing Lead Capture data under applicable laws (including GDPR, CCPA, LGPD, PIPEDA, and similar regulations), that you have provided Recipients with the required privacy notices and disclosures, and that you have obtained any required consents. You alone are responsible for complying with applicable data protection laws in respect of Lead Capture data you collect.

11.4. Where required. Where required by applicable law, you and the Company may enter into a separate Data Processing Agreement governing this relationship. See Section 8.7 above.

11.5. Indemnification for Lead Capture. Without limiting the indemnification provisions in Section 15, you agree to indemnify the Company against any claims arising from a Recipient or any other third party alleging that you collected, used, or shared their personal data in violation of applicable law.

12. User representations and restrictions

12.1. By using the Service, you represent and warrant that:

(a) you have the legal capacity and you agree to comply with these Terms;

(b) you are not under the age of 18;

(c) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;

(d) you will not use the Service for any illegal or unauthorized purpose;

(e) 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;

(f) you are not listed on any U.S. government list of prohibited or restricted parties; and

(g) your use of the Service will not violate any applicable law or regulation.

12.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

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

12.4. As a user of the Service, you agree not to:

(a) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

(b) make any unauthorized use of the Service;

(c) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;

(d) use the Service for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended (except for legitimate business networking and lead generation by you in the ordinary course of your profession or business);

(e) make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time without proper licensing;

(f) use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;

(g) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;

(h) circumvent, disable, or otherwise interfere with security-related features of the Service;

(i) engage in unauthorized framing of or linking to the Service;

(j) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

(k) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;

(l) attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;

(m) upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(n) use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

(o) use the Service to send automated queries to any website, to send unsolicited commercial email (spam), or to engage in any prohibited unsolicited communication;

(p) use the Service to impersonate another person, misrepresent your identity, professional credentials, employer, or affiliation;

(q) display on your digital business card any content that is unlawful, defamatory, harassing, obscene, discriminatory, or otherwise objectionable;

(r) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;

(s) use the Service in a manner inconsistent with any applicable laws or regulations; or

(t) otherwise infringe these Terms.

12.5. Conduct toward customer support. When interacting with our customer support representatives, we ask that you maintain a respectful and kind demeanor. Should your conduct towards any of our customer support representatives or other employees be perceived as threatening, harassing, or offensive at any point, we retain the authority to terminate your account with immediate effect.

13. Disclaimer of warranties

13.1. Basic Disclaimers of Warranties. EXCEPT TO THE EXTENT PROHIBITED BY LAW (INCLUDING UNDER AUSTRALIAN CONSUMER LAW AND QUEBEC CONSUMER LAW) OR OTHERWISE INAPPLICABLE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In particular, the released parties make no, and expressly disclaim any, warranty that:

(a) the Service will meet your requirements;

(b) the Service will be uninterrupted, timely, secure, or error-free;

(c) the results that may be obtained from the use of the Service, including data, will be accurate or reliable;

(d) the quality of any data or service available on the Service will meet your expectations; and

(e) any errors in the Service will be corrected.

Any material obtained through the use of the Service is accessed at your discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

13.2. No specific results. We cannot guarantee and do not promise any specific results from the use of the App and/or the Service, including any specific number of leads, contacts, opportunities, or business outcomes. You agree also to take the risks of interruption of the Service for any technical reasons.

13.3. Absence of professional advice. Any statement that may be posted on the Service is for informational and operational purposes only and is not intended to replace or substitute for any professional financial, legal, tax, or other advice. The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service.

13.4. Change of Service. We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice.

13.5. Non-waivable consumer rights. These Terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

13.6. EEA, UK, and Switzerland consumers — conformity and updates. If you are a consumer based in the EEA, the UK, or Switzerland:

(a) As part of the legal obligation to make sure that our Service conforms to these Terms, we may, from time to time, offer and request you to install security and technical updates. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Service resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

(b) If our Service does not conform to these Terms, you have the right to have the defect corrected. You will reasonably cooperate with us to assess whether the cause of the lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity will lie with you.

14. Limitation of liability

14.1. Exclusion of indirect damages. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

14.2. Aggregate liability cap. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, OR SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

14.3. California Civil Code Section 1542 waiver. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "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."

14.4. Jurisdictional carve-outs. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT ONE OR ANY ASPECT OF LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

14.5. EEA, UK, and Switzerland — defective digital content. If you are a resident of the EEA, the UK, or Switzerland: if defective digital content supplied by us within the Service damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.6. Australia — Consumer Law. If you are a resident of Australia, our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to: (a) cancel your contract for purchase of the Service; and (b) receive a refund for the unused portion of the Service, or compensation for its reduced value. If a failure with the Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel your contract for purchase of the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Service.

15. Indemnity

15.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (i) your use of the Service; (ii) your User Content; (iii) your collection or use of Lead Capture data; (iv) any content you display on your digital business card (including any claim of false affiliation, false employment, false credentials, or false endorsement); or (v) your violation of these Terms.

15.2. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. International use

16.1. The Company makes no representation that the Service is accessible, appropriate, or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative, and you are responsible for compliance with local laws.

17. Governing law and venue

17.1. Except where otherwise prohibited by law (including Quebec Consumer Law), these Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).

17.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of England and Wales to settle any disputes that may arise out of or in connection with these Terms, and accordingly proceedings must be brought in such courts.

17.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and Wales and waive any defenses of improper venue or forum non conveniens.

17.4. EEA, UK, and Switzerland consumers. Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

If you have a complaint, please contact us at legal@digitalbusinesscard.com. If you feel your complaint has not been adequately addressed, you may — but are not obliged to — submit a complaint to an alternative dispute resolution (ADR) body in your country. Other than as set out in these Terms, the Company does not participate in any alternative dispute resolution scheme.

You may bring any dispute arising under these Terms to the competent court of your country of habitual residence if this country of habitual residence is in the EEA, the UK, or Switzerland, which courts are — with the exclusion of any other court — competent to settle any of such a dispute. The Company shall bring any dispute arising under these Terms to the competent court of your country of habitual residence.

You agree that the Service, Terms, and any dispute between you and the Company shall be governed in all respects by the laws of England and Wales, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.

17.5. Quebec consumers. Nothing in these Terms shall deprive you of the protection afforded to consumers by the laws of Quebec, including the laws of Canada applicable therein. Nothing in these Terms shall deprive the Quebec authorities of jurisdiction to hear an action based on a contract concluded pursuant to these Terms if you have your domicile or residence in Quebec.

18. Miscellaneous provisions

18.1. No waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement hereof contained.

18.2. Severability. Subject to Section 9, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

18.3. Entire agreement. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.

18.4. Assignment. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Company's rights and obligations under the Terms (unless otherwise expressly indicated).

18.5. Electronic communication and signature. All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You also agree that such communication may be conducted by using third-party providers that allow us to manage and facilitate these electronic interactions efficiently and securely. You acknowledge that we engage third-party providers for a broad range of services that support and enhance our offerings, including processing transactions, as well as other operational, technical, and logistical support functions.

You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE", or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

18.6. Force majeure. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control, including pandemic, fires, explosions, floods, acts of war, sabotage, riots, accidents, breakdowns of machinery or equipment, strikes, labor disputes, governmental actions, inability to obtain material or transportation, or natural disasters.

19. Contact

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@digitalbusinesscard.com.

If you have any legal inquiries, you may contact us at: legal@digitalbusinesscard.com.

If you have any privacy inquiries, you may contact us at: privacy@digitalbusinesscard.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

IT FOR TOMORROW LTD

Registration No. HE 466470

VAT No. CY60105017J

Registered office: 13 Myrtiotissis, Aqua Mansions, Apartment 1, 4041, Germasogeia, Cyprus

Version 2.0 — Last updated: 15 June 2026