📋 HelperCard Terms of Service

1. ✅ Acceptance of Terms

By downloading, installing, or using the HelperCard mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our App.

2. 📱 Description of Service

HelperCard is a mobile application that allows users to:

• Scan and digitize various types of cards using your device's camera
• Store and organize digital card information locally on your device
• Generate Apple Wallet passes from your card data
• Import and export contact information
• Sync data across devices (optional cloud feature)
• Manage health insurance cards and other health-related information

3. 👤 User Accounts and Registration

Account Creation

• You may use the App without creating an account for basic functionality
• Account creation is required for cloud sync and premium features
• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials

Account Responsibilities

• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You must be at least 13 years old to create an account
• One person may not maintain multiple accounts

4. 💳 Subscription Terms and Billing

Billing and Payment

• Subscriptions are billed through the Apple App Store
• Payment will be charged to your iTunes Account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your Account Settings after purchase

Cancellation and Refunds

• You may cancel your subscription at any time through your Apple ID account settings
• Cancellation will take effect at the end of the current billing period
• No cancellation of the current subscription is allowed during active subscription period
• Refunds are handled according to Apple's standard refund policy
• We do not provide direct refunds - all refund requests must go through Apple

Price Changes

We reserve the right to change subscription prices. Price changes will be communicated to users at least 30 days in advance. Continued use of the service after price changes constitutes acceptance of the new pricing.

5. 📄 User-Generated Content

Your Content

• You retain ownership of all card data and information you input into the App
• You grant us a limited license to process, store, and display your content to provide our services
• You are responsible for ensuring you have the right to scan and store any card information
• You represent that your content does not violate any third-party rights

Content Restrictions

You agree not to use the App to store, process, or share content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Violates any intellectual property rights
• Contains malware, viruses, or other harmful code
• Is intended to deceive or mislead
• Violates any applicable laws or regulations

Content Moderation

We reserve the right to review, modify, or remove content that violates these Terms, though we are not obligated to do so. We may suspend or terminate accounts that repeatedly violate these restrictions.

6. ⚖️ Intellectual Property Rights

Our Rights

• The App and its original content, features, and functionality are owned by HelperCard
• Our trademarks, logos, and service marks are protected by intellectual property laws
• You may not copy, modify, distribute, or create derivative works of our App
• You may not reverse engineer, decompile, or disassemble the App

Third-Party Rights

• Apple Wallet integration is subject to Apple's terms and conditions
• Third-party services integrated with our App have their own terms of service
• You must comply with all applicable third-party terms when using integrated services

7. 🔒 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our App. By using our App, you agree to the collection and use of information in accordance with our Privacy Policy.

8. 🚫 Prohibited Uses

You may not use our App:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the App

9. ⏹️ Termination

Termination by You

• You may stop using the App at any time
• You may delete your account through the App settings
• Canceling your subscription will end billing but allow access until the current period expires

Termination by Us

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Effect of Termination

• Upon termination, your right to use the App will cease immediately
• You may request deletion of your data, subject to our data retention policies
• Provisions that by their nature should survive termination shall remain in effect

10. ⚠️ Disclaimers and Limitations of Liability

Service Availability

• The App is provided "as is" and "as available"
• We do not guarantee that the App will be available at all times
• We may modify, suspend, or discontinue the App at any time
• We are not responsible for any downtime or service interruptions

Data Accuracy

• We do not guarantee the accuracy of card scanning or OCR results
• Users are responsible for verifying the accuracy of scanned information
• We are not liable for any errors in card data processing

Limitation of Liability

To the maximum extent permitted by law, HelperCard shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the App.

Maximum Liability

In no event shall HelperCard's total liability to you for all damages exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. 🛡️ Indemnification

You agree to defend, indemnify, and hold harmless HelperCard and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) resulting from or arising out of:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

12. ⚖️ Governing Law and Disputes

Governing Law

These Terms shall be interpreted and governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Dispute Resolution

• Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration
• Arbitration shall be conducted by the American Arbitration Association (AAA)
• Arbitration shall take place in San Francisco, California
• You waive any right to participate in class action lawsuits or class-wide arbitration

Exceptions to Arbitration

Either party may seek injunctive relief in court to prevent irreparable harm. Small claims court actions are not subject to arbitration.

13. 📝 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on our website
• Sending an in-app notification
• Emailing registered users (if applicable)

Your continued use of the App after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the App.

14. 📞 Contact Information

If you have any questions about these Terms of Service, please contact us:

15. 🔧 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. 📋 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HelperCard regarding the use of the App and supersede all prior agreements and understandings.

These Terms of Service are effective as of December 2024 and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page.