Last revised on 31.10.2025
qCard is brought to you by
(and the terms “us,” “we,” or “qCard” refer to)
Phil Hackemann
Malsenstr. 61
80638 München
Germany
Email: Please enable JavaScript to see the email address.
By downloading, installing, accessing, and/or using the qCard application (collectively, the “Service”), you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time, for reasons including reflecting changes in law, new features, or changes in business practices. The most recent version will be posted on the Service and on q-card.net, and is the version that applies.
We will notify you of any material changes to this Agreement in advance of the changes taking effect. If you do not agree with the changes, you may cease using the Service and terminate this Agreement before the new terms become effective. Your continued use of the Service after the changes become effective constitutes your binding acceptance of the revised Agreement.
You must be at least 16 years of age to use our Service. If you are under the age of 18, you represent that you have obtained the consent of your legal guardian to use the Service. By using the Service, you represent and warrant that:
You may not use the Service if you are located in a country or region that is subject to embargoes, sanctions, or other restrictions under the laws of Germany, the European Union, the United Nations, or other applicable jurisdictions. By using the Service, you confirm that you are not listed on such a sanctions or restricted-party list and that you will not use the Service for the benefit of any such persons or entities. We reserve the right to restrict access to the Service where required by applicable export control or sanctions laws.
qCard strives to continuously improve the Service. We may add new features or remove some features. If these actions do not materially affect your rights or obligations, we may do so without prior notice. We may also suspend the Service entirely.
We reserve the right to immediately terminate or suspend your account and Service to you, without a refund of any purchases, if you have violated this Agreement, misused the Service, or behaved in a way that qCard reasonably regards as inappropriate or unlawful.
The Service may automatically download and install updates, upgrades, or patches to improve functionality, security, or performance. You consent to receive such updates automatically unless your device settings disable them.
qCard grants you a personal, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service for the sole purpose of using its benefits as intended by qCard and permitted by this Agreement.
You agree not to:
Crucially, you also understand and agree that:
By submitting suggestions or feedback to qCard, you agree that qCard may use and share such feedback for any purpose without compensating you.
Content shared by users is the sole responsibility of the user who shares it. qCard does not guarantee that all content will comply with this Agreement. If you encounter content that violates this Agreement, please report it.
Users are responsible for creating backups of any contact data or QR codes generated within the Service. We are not responsible or liable for loss of data stored locally on the user's device.
qCard may offer products and services for purchase (“in-app purchases”) through third-party platforms (e.g., Google Play or Apple Store®). If you choose to make a purchase, your chosen method of payment will be charged for the services selected, including any applicable taxes.
If you purchase a subscription:
Generally, all charges for purchases are final and nonrefundable. Objections to a payment should be directed to the relevant third-party platform or, if billed directly by qCard, to our customer support.
Cancellation Right (Widerrufsrecht) for EU/EEA Consumers:
If you reside in the European Union or European Economic Area, you have a statutory right to cancel a purchase contract within 14 days without stating a reason. This period starts from the day the contract is concluded. You may use the standard cancellation form provided in the Annex below.
Please note: For digital content not supplied on a tangible medium, this right typically expires if you expressly consented to the immediate performance of the contract and acknowledged that you thereby lose your cancellation right.
qCard PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, qCard GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
qCard TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL qCard, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (ii) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF qCard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL qCard’s AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO qCard FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
qCard SHALL ALSO NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, ACTS OF GOVERNMENT, WAR, TERRORISM, CIVIL UNREST, STRIKES, EPIDEMICS, INTERRUPTIONS OF TELECOMMUNICATIONS OR INTERNET SERVICES, POWER FAILURES, OR OTHER EVENTS CLASSIFIED AS FORCE MAJEURE. IN SUCH CASES, qCard’s OBLIGATIONS SHALL BE SUSPENDED FOR THE DURATION OF THE EVENT.
Additional Provisions for EU/EEA Consumers:
If you are a consumer residing in the European Union or the European Economic Area, nothing in these Terms shall exclude or limit qCard’s legally defined liability for damages resulting from:
In the event of a breach of a fundamental contractual obligation (Kardinalpflicht), qCard’s liability shall be limited to the foreseeable damage typical for the contract. A fundamental contractual obligation is one whose fulfillment is essential to the proper execution of the contract and on whose compliance the contractual partner can regularly rely.
The Service may contain links or advertisements offered by third parties. qCard is not responsible for the content, availability or terms of such external websites or resources. If you choose to interact with third parties, their terms will govern their relationship with you.
If you access the Service through the Apple App Store® or the Google Play Store, you acknowledge that this Agreement is concluded between you and qCard only, not with Apple Inc. or Google LLc. Apple and Google are not responsible for the Service or its content. Your use of the Service must comply with the App Store and Play Store Terms of Service.
Apple and Google have no obligation to provide maintenance or support services. In the event of any failure to conform to a warranty (if applicable), you may notify Apple or Google, and they will refund the purchase price. To the maximum extent permitted by law, Apple and Google have no other warranty obligations. You acknowledge that Apple and Google are third-party beneficiaries of this Agreement and may enforce this Agreement against you as such.
YOU AGREE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS qCard, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, YOUR CONTENT, OR YOUR BREACH OF THIS AGREEMENT.
Additional Provisions for EU/EEA Consumers:
If you are a consumer residing in the European Union or the European Economic Area, you are only required to indemnify qCard to the extent that you are responsible for the infringement (whether intentionally or negligently).
All rights, title and interest in and to the Service, including but not limited to the qCard app, software, source code, design, logos, trademarks, text, graphics, user interface, and any other content (“qCard Content”) are the exclusive property of qCard or its licensors.
Except as expressly permitted in these Terms, you are not granted any rights to copy, reproduce, distribute, publicly display, modify, translate, reverse engineer, or create derivative works of the Service or any qCard Content.
“qCard”, the qCard logo, and any related names, product or service names, designs or slogans are trademarks of qCard. You may not use these marks, in whole or in part, without our prior written consent. “App Store” is a registered trademark of Apple Inc., registered in the U.S. and other countries. “Google Play” is a trademark of Google LLC.
Any unauthorized use of our intellectual property may violate copyright law, trademark law, and other applicable regulations.
You may stop using the Service at any time by uninstalling the application from your device. If you wish to delete data stored within the app, you can do so manually through your device settings or by deleting individual profiles in the app. qCard does not store your contact data or QR codes on its servers; such data is stored locally on your device and remains under your control.
If you have made in-app purchases, uninstalling the Service does not automatically cancel any active subscriptions. You must cancel subscriptions through the App Store or Google Play Store settings to avoid further charges.
This Agreement shall be subject to German law. For consumers, this choice of law applies only to the extent that it does not deprive you of the protection afforded by mandatory consumer protection provisions of the country in which you have your habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
This Agreement does not give rights to any third parties. You agree that your qCard account is non-transferable. No agency, partnership, joint venture, or employment relationship is created by this Agreement. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others, for example in cases of changes in ownership or by law.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The failure of qCard to enforce any right or provision shall not constitute a waiver of such right or provision. We reserve all rights not expressly granted to you.
Online Dispute Resolution (ODR) for EU/EEA Consumers:
The European Commission provides a platform for online dispute resolution (ODR), which can be found at: https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Additional Rights for California Consumers:
Nothing in these Terms is intended to limit any non-waivable rights under California law, including rights under the Consumer Legal Remedies Act or the Unfair Competition Law.
If you agree to a release of claims, the following applies: “You expressly waive the provisions of California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release”.
(Please complete and submit this form if you wish to use your above mentioned right of cancellation)
To:
qCard – Phil Hackemann
Malsenstr. 61
80638 München
Germany
I/We (*) hereby declare that I/We (*) wish to use my/our right of cancellation in connection with my/our purchase agreement on the delivery of the following services:
(*) Delete as appropriate.