Terms of Service
Welcome to SelahCard, a digital business card service operated by SmartDealMind LLC, a Georgia limited liability company ("we", "us", or "Company"). These Terms of Service ("Terms") are a legally binding agreement between you and the Company. By creating an account, purchasing a subscription, or otherwise using SelahCard (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
Table of Contents
- Acceptance & Eligibility
- Description of Service
- Accounts & Security
- Subscriptions & Billing
- Free Trial
- Cancellation & Renewal
- Your Content
- Acceptable Use
- Intellectual Property
- Third-Party Services
- Disclaimers
- Limitation of Liability
- Indemnification
- Termination
- Dispute Resolution & Arbitration
- Governing Law
- Changes to These Terms
- Miscellaneous
- Contact
1. Acceptance & Eligibility
By using SelahCard, you represent and warrant that: (a) you are at least 13 years of age (or the age of digital consent in your jurisdiction); (b) if you are purchasing a paid subscription, you are at least 18 years old or have legal capacity under applicable law; (c) you are not barred from using the Service under applicable law; and (d) if you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind that entity.
The Service is not directed at children under 13. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us information, please contact privacy@selahcard.com so we can delete it.
2. Description of Service
SelahCard is a software-as-a-service product that enables users to create, host, and share a personalized digital business card accessible via a unique URL and QR code. Features vary by subscription tier and may include analytics, custom branding, multiple edits, and optional physical NFC cards that link to your digital card.
We reserve the right to modify, suspend, or discontinue any feature of the Service at any time, with or without notice. We will make reasonable efforts to give advance notice of material changes.
3. Accounts & Security
To use most features, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration and keep it updated;
- Maintain the confidentiality of your account credentials (including any password, OAuth link, or session token);
- Accept responsibility for all activities that occur under your account;
- Notify us immediately at support@selahcard.com of any unauthorized use or security breach.
We may suspend or terminate accounts that appear to have been compromised, used fraudulently, or operated in violation of these Terms.
4. Subscriptions & Billing
Paid subscriptions to SelahCard are billed in advance on a monthly or annual basis, as selected at signup. All fees are stated in U.S. dollars and are exclusive of applicable taxes, which will be added where required by law.
Payment is processed by our third-party payment processor, Stripe, Inc. Your payment card information is collected, stored, and processed directly by Stripe subject to Stripe's own terms and privacy policy. We do not receive or store your full card number.
You authorize us (through Stripe) to charge your chosen payment method for your subscription and any applicable taxes, fees, or add-on purchases (such as NFC cards). If a payment fails, we may retry the charge and may suspend or terminate your account if payment cannot be collected.
Prices may change. If we change the price of your subscription, we will notify you at least 30 days in advance, and the change will take effect at the start of your next billing cycle. If you do not accept the new price, you may cancel before the change takes effect.
5. Free Trial
We currently offer a 7-day free trial on the Pro plan. During the trial, no payment is collected. If you do not cancel before the trial ends, your subscription will begin and you will be charged the then-current Pro price on a recurring basis. Free trials are limited to one per person; we reserve the right to deny a free trial to users who appear to be abusing the offer.
6. Cancellation & Renewal
Subscriptions renew automatically at the end of each billing cycle unless cancelled. You may cancel your subscription at any time from your dashboard or by emailing support@selahcard.com. Cancellation takes effect at the end of the current billing period; you will continue to have access through that period.
Refunds are governed by our separate Refund Policy, which is incorporated into these Terms by reference.
7. Your Content
You retain ownership of all information you upload or submit to the Service, including your photo, name, job title, contact details, social links, and any text you write ("Your Content"). You are solely responsible for the accuracy, legality, and appropriateness of Your Content.
By submitting Your Content, you grant SmartDealMind LLC a worldwide, non-exclusive, royalty-free license to host, reproduce, display, modify (only as necessary to operate the Service, for example to resize images), and distribute Your Content solely for the purpose of providing and improving the Service. This license ends when you delete Your Content or terminate your account, except that we may retain backups and server logs for a commercially reasonable period as required for legal compliance and service integrity.
You represent and warrant that: (a) you own or have the necessary rights to Your Content; (b) Your Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party; and (c) Your Content does not violate any applicable law or our Acceptable Use Policy.
8. Acceptable Use
Your use of SelahCard is subject to our Acceptable Use Policy. Violations may result in immediate suspension or termination of your account without refund, and may also give rise to civil or criminal liability.
9. Intellectual Property
The Service, including its software, design, logos, trademarks, text, graphics, and all underlying technology (collectively, "Our IP"), is and remains the exclusive property of SmartDealMind LLC and its licensors. No rights to Our IP are granted to you except as expressly set out in these Terms.
"SelahCard" and the SelahCard logo are trademarks of SmartDealMind LLC. You may not use them without our prior written permission.
Starter-plan cards may display a small "made on SelahCard" attribution; removal of this attribution is a paid feature available on Pro.
10. Third-Party Services
SelahCard relies on the following third-party service providers (sub-processors). Your use of the Service is also subject to their terms:
| Provider | Purpose |
|---|---|
| Cloudflare, Inc. | Hosting, DNS, storage (Workers, D1, KV, R2) |
| Stripe, Inc. | Payment processing |
| Resend | Transactional email delivery |
| Google LLC | Optional sign-in via Google OAuth |
We are not responsible for the actions, policies, or outages of third-party services. Links from your card to external sites (LinkedIn, Instagram, your website, etc.) are your responsibility; we do not endorse or control their content.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, SmartDealMind LLC disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no guarantees regarding uptime, availability, card load times, email deliverability, analytics accuracy, or the performance of third-party services.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMARTDEALMIND LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless SmartDealMind LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content; (b) your use or misuse of the Service; (c) your violation of these Terms or any applicable law; or (d) your violation of any third party's rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
14. Termination
You may terminate your account at any time by cancelling your subscription and deleting your card from your dashboard, or by emailing support@selahcard.com. We may suspend or terminate your account immediately, without notice, for any reason, including if we believe you have violated these Terms, engaged in fraud, or pose a risk to us or other users.
Upon termination, your right to access the Service ceases immediately. We may retain information related to your account as described in our Privacy Policy and as required for legal, tax, or security purposes. Sections that by their nature should survive termination (including Sections 7, 9, 11-13, 15, and 16) will survive.
15. Dispute Resolution & Arbitration
15.1 Informal Resolution
Before filing a claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute to legal@selahcard.com. If we cannot resolve the dispute within 60 days, either party may proceed to arbitration.
15.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") that cannot be resolved informally will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the English language, and, unless both parties agree otherwise, in Muscogee County, Georgia, or remotely by video where feasible. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
15.3 Class-Action Waiver
YOU AND WE AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one person without the consent of both parties. If this class-action waiver is found unenforceable, the entire Section 15 will be null and void, and the Dispute will be resolved in court as set out in Section 16.
15.4 Exceptions
Notwithstanding the above, either party may: (a) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, trade secrets, or confidential information; or (b) bring a claim in small-claims court for disputes within that court's jurisdiction.
15.5 30-Day Right to Opt Out
You may opt out of the arbitration agreement in this Section 15 within 30 days after first accepting these Terms by emailing legal@selahcard.com with the subject line "Arbitration Opt-Out" and including your name, account email, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved under Section 16.
16. Governing Law & Venue
These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict-of-laws principles. To the extent any Dispute is not subject to arbitration under Section 15, it will be brought exclusively in the state or federal courts located in Muscogee County, Georgia, and each party consents to the personal jurisdiction and venue of those courts.
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will post the updated Terms at https://selahcard.com/terms and update the "Effective date" above. If the change is material, we will also notify you by email or through the Service at least 14 days before the change takes effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them.
18. Miscellaneous
- Entire Agreement. These Terms, together with our Privacy Policy, Refund Policy, Acceptable Use Policy, and Cookie Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
- Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
- Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control (e.g. natural disasters, internet outages, government actions, third-party outages).
- Notices. We may send you notices via email, through the Service, or to your mailing address on file. Notices to us must be sent to the contact address below.
- No Agency. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
- Export Controls. You agree to comply with all applicable U.S. and international export and re-export laws.
Contact
Questions about these Terms? Contact us at legal@selahcard.com.
SmartDealMind LLC
4519 Woodruff Rd, Unit 4 #6356, Columbus, GA 31904
United States