Terms and conditions

Section 1 Scope and provider

(1) These Terms apply to the Quickard online service provided at quickard.de. The provider and contracting party is EBS Euchner Büro- und Schulsysteme GmbH, Ernst-Leitz-Straße 3, 63150 Heusenstamm, Germany. Quickard is a product of EBS Euchner Büro- und Schulsysteme GmbH.

(2) The Terms apply to consumers within Section 13 German BGB and businesses within Section 14 BGB. Mandatory consumer law remains unaffected. Provisions that apply only to businesses are expressly identified.

(3) Deviating terms of a business customer only form part of the agreement if we expressly accept them in text form.

Section 2 Service and scope

(1) Quickard is a continuously supplied digital service for creating and managing digital business cards. Its core feature is a public contact page for each card at quickard.de/<slug>, accessible by link or QR code and downloadable as a vCard.

(2) Depending on the selected plan, features may include multiple cards and team roles, contact and newsletter blocks, analytics, Apple or Google Wallet passes, custom designs and other functions identified in the offer. Apple, Google, Stripe and other third-party services are governed by their own terms and are only owed to the extent expressly included in the service description.

(3) The service description, term and fee shown immediately before ordering govern. Starter and Pro functions and any quantity or slot limits are shown separately. Post-contract changes are governed exclusively by Section 14 and mandatory digital-product law.

Section 3 Registration and contract formation

(1) Users must have full legal capacity or be validly represented. A person creating an account or ordering for an organization represents that they have authority to do so. Registration and billing data must be complete, accurate and current.

(2) Plan descriptions are not binding offers. The free agreement begins when the account is activated. For a paid plan, the user makes an offer with the button clearly indicating a payment obligation; the agreement begins when we confirm it in text form or enable the booked plan. Confirmation includes the contract information, Terms and withdrawal information on a durable medium.

(3) Credentials must be kept confidential and suspected misuse reported promptly. Liability for third-party use is governed by law.

Section 4 Prices, billing and payment

(1) Consumer prices are total prices including statutory VAT. Clearly identified business net prices exclude VAT. Immediately before ordering, we display the total price, billing period, due date and all recurring charges; annual advance billing also shows the total amount due per year.

(2) Paid plans, additional card/user slots and other quotas are billed through Stripe. The total price confirmed in the order step is owed. Usage-based or additional fees apply only if their type and calculation were clearly displayed and accepted before ordering.

(3) Recurring fees are due in advance at the start of the billing period. In case of default, we may proportionately restrict paid features after a payment notice and reasonable cure period. Access to the user's data, cancellation, withdrawal and mandatory remedies remain available.

Section 5 Term and cancellation

(1) The free plan runs indefinitely and may be ended at any time through account settings or in text form. Statutory duties to retain individual records remain unaffected.

(2) A paid subscription has the initial term displayed before ordering. For consumers it then continues only for an indefinite term and may be cancelled at any time during that continuation with no more than one month's notice. Any shorter period shown in the offer prevails. Consumers are not bound to another fixed annual term.

(3) Businesses may agree to renewal for the period clearly displayed in advance. Cancellation is possible through account settings, the continuously accessible cancellation button, or in text form. Either party's right to terminate for cause remains unaffected.

Section 6 Consumer withdrawal

(1) Consumers generally have a statutory withdrawal right for distance contracts. The complete withdrawal instructions and model form supplied before contracting and available on the Withdrawal page govern.

(2) If a consumer expressly requests a paid service to begin during the withdrawal period, proportionate payment may be due for service supplied before withdrawal where the statutory conditions are met.

(3) For services, the withdrawal right does not expire merely when use begins. It expires only after full performance and only where the statutory consent and acknowledgement requirements are met.

(4) Withdrawal and cancellation are different declarations. Cancellation ends an ongoing agreement for the future; withdrawal concerns formation of the agreement during the statutory period.

Section 7 User content, rights and moderation

(1) Users retain ownership of their content and grant us only the non-exclusive rights required during the agreement to operate, store, technically adapt, publicly display and transmit the selected features. Users must hold all necessary rights and data-protection permissions.

(2) In particular, the following content or uses are prohibited:

• unlawful, insulting, threatening, discriminatory or criminal content and infringement of copyright, trademark, personality, privacy or other third-party rights;
• malware, misrepresentation of identity or origin, phishing, unlawful advertising, spam or circumvention of security and access controls;
• third-party personal data without a sufficient legal basis, or public content without required provider and privacy information;
• uses that materially impair the availability or security of the Service or other users.

(3) On sufficiently substantiated suspicion, we may provisionally restrict or remove content or suspend account functions. We consider nature, severity, frequency and consequences, all parties' rights and proportionality. Where legally permissible, we inform the affected user about the factual and legal or contractual basis, scope and duration, and review options. We do not make fully automated moderation decisions with legal or similarly significant effects.

(4) Specific allegedly illegal content can be reported through the DSA contact point in the Legal Notice. Reports should include reasons, the exact URL or card address, the reporter's name and email address, and a good-faith statement that the information is accurate and complete.

Section 8 Supply, maintenance and security

We supply Quickard during the agreement to the standard owed by its nature, purpose, service description and usual characteristics. Fully uninterrupted availability cannot be guaranteed technically. Required maintenance, security measures and events beyond our control can cause temporary restrictions; foreseeable maintenance is announced where possible and scheduled off peak. Mandatory remedies, especially for failure to supply or lack of conformity of a digital product, remain unaffected.

Section 9 Statutory digital-product rights

(1) Sections 327 et seq. German BGB apply to consumer digital-product agreements. Quickard must in particular possess agreed and objectively expected characteristics and receive the updates required for conformity and security throughout the supply period. Consumers are informed about security updates and necessary cooperation.

(2) In case of failure to supply or lack of conformity, consumers have statutory rights to cure, termination or price reduction and, where applicable, damages. Availability, maintenance and liability provisions do not restrict these rights.

Section 10 Data after termination

Users should use the available export options before the agreement ends. Afterwards, we remove or delete customer data under applicable law unless retention or permitted claim preservation applies. Statutory consumer rights to obtain content supplied or created while using a digital product, including under Section 327p German BGB, remain unaffected. Public cards may be deactivated after termination.

Section 11 Switching and data portability under the EU Data Act

(1) To the extent Quickard is a data processing service under Regulation (EU) 2023/2854, a customer may email info@ebs-euchner.com to request switching to another provider, transfer to on-premises ICT infrastructure, or erasure of exportable data. Notice to initiate switching is no more than two months and the mandatory transition period is generally no more than 30 calendar days. If technically infeasible, we explain this within 14 working days; any alternative period is no longer than seven months.

(2) Exportable categories include card, contact, organization, team, media, design, form and billing data supplied or generated by the customer and analytics results made available to it, subject to third-party rights and trade secrets. Internal system data and protected components may be excluded only where that does not impede switching. On request, we provide the available data structures, formats, technical limitations and transfer methods in a storable form; the legally required current online register must additionally be made available.

(3) Exportable data remains retrievable for at least 30 calendar days after transition and is then fully erased unless law requires retention or a later date was agreed. We charge no separate switching fee; ordinary service fees continue only as legally and contractually permitted until the service agreement or transition ends.

Section 12 Liability

(1) We are liable without limitation for intent, gross negligence, injury to life, body or health, fraudulent concealment, guarantees and under the German Product Liability Act and other mandatory liability rules.

(2) For ordinary negligence, we are liable for breach of material obligations, limited to damage typical and foreseeable when the agreement was formed. Liability for other ordinary negligence is excluded. Mandatory consumer, data protection and digital-product claims remain unaffected.

(3) Only business users must create their own backups of exportable data to a reasonable extent. Failure to back up is considered only where a complete and reasonable export method existed. These rules also benefit our corporate bodies and agents.

Section 13 Privacy and processing on behalf of customers

Our processing as controller is described in the Privacy Policy. Where EBS processes personal data of cardholders, employees, form senders or newsletter recipients on a customer's instructions, an Art. 28 GDPR data processing agreement including security measures and subprocessor terms must be in place before processing begins. The customer remains responsible for legal bases, data-subject notices and instructions.

Section 14 Changes to the Service and Terms

(1) For continuous supply, changes beyond maintaining conformity require a specific valid reason, in particular a change in law, IT security, abuse prevention, required technical adaptation or interoperability. They create no additional cost and are clearly communicated. If a change impairs consumer access or use more than insignificantly, we give prior notice on a durable medium of its features, timing and rights; free termination rights under Section 327r German BGB remain unaffected.

(2) Changes to price, main performance or term for existing agreements require express consent unless law permits otherwise. Other amendments require an objective reason proportionate to their scope and may not unreasonably disadvantage the user; we give notice in text form. Silence is not acceptance.

Section 15 Final provisions

(1) German law applies, excluding the CISG. For consumers, this choice does not remove mandatory protection of the state of habitual residence.

(2) Exclusive venue at the Provider's registered office is agreed only with merchants, public-law legal entities and public-law special funds. Mandatory venues remain unaffected.

(3) We are neither willing nor obliged to participate in dispute resolution before a consumer arbitration body.

(4) If a provision is invalid in whole or part, the remaining provisions continue to apply and the statutory rule takes its place.