Terms of Use

Scope, Definitions

These Terms of Use (“Terms”) govern access to and use of the software Power eCard (“Software”) provided by Shuffer GmbH, Adlerstraße 41, 70199 Stuttgart (“Licensor”), including associated websites, applications, and online services (together, the “Services”) under a Software-as-a-Service (SaaS) model.

These Terms apply exclusively to entrepreneurs (§ 14 BGB), legal entities under public law, or special funds under public law. Consumers (§ 13 BGB) are excluded from use.

The Customer is the natural or legal person who concludes a contract for the use of the Services with the Licensor. Users are all natural persons who use the Services on behalf of the Customer (e.g., admins, editors).

The Licensor provides the use of the Software, Services, and websites exclusively under these Terms and objects to the applicability of any other terms. If you do not agree with these Terms, do not use our Services. Individual contractual agreements concluded between the Licensor and the Customer take precedence over these Terms.

Conflicting or deviating general terms and conditions of the Customer shall not become part of the contract unless the Licensor expressly agrees to their validity in writing.

If you have any questions regarding these Terms or our Services, please contact info@power-ecard.de.

Registration, User Account, Contract of Use

Using the Licensor’s software requires the creation of a system by the User (the “Account”) or, at the User’s request, a responsible person from the Licensor. The usage agreement is concluded upon creation of the Account after completion of the registration process, incorporating these Terms.

By creating an Account (trial system or paid system), the User agrees to receive electronic communications from the Licensor. These communications may include information about the Account or the operation of the Software and are part of the contractual communication. Marketing or promotional communications are only sent based on separate consent or legal permission. You agree that all communications, agreements, disclosures, or other notifications sent electronically satisfy any legal requirements for communication, including, but not limited to, requirements applicable to written communications.

When creating the Account, the User undertakes to provide the required information, in particular their name and email address, truthfully. This information is processed in accordance with the Licensor’s Privacy Policy.

The User is responsible for the accuracy of the information provided and undertakes to update it immediately or inform the Licensor of any changes.

The User is responsible for actions taken under their Account unless the User is not at fault. This also applies to use by third parties enabled by the User’s fault.

The User undertakes to notify the Licensor immediately in case of fraudulent or otherwise unauthorized use of their Account and to change the access password immediately.

The Licensor is not liable for damages arising from use of the Account by third parties, with or without the User’s consent, unless the Licensor is responsible for such third-party use.

The Licensor stores the data and messages stored on its platform on behalf of the User. The data are stored until the end of the license term (trial licenses, paid licenses, archived licenses); beyond that, there is no retention obligation. The User may delete all or part of the data at any time or request the Licensor to delete the data informally.

The Licensor protects the integrity, confidentiality, and security of the User’s confidential information at a reasonable protection level, taking into account the state of the art, implementation costs, the nature, scope, circumstances, and purposes of processing, as well as the likelihood and severity of potential risks.

The Licensor is entitled to use the Customer’s company name and logos as a reference in its communications. The User grants the Licensor the necessary rights of use free of charge. The User may revoke this permission at any time by sending an email to the Licensor.

Services and License

With our Services, you and other Users may create, store, send, and share marketing or other communication content — including emails, photos, videos, and other materials. Except for the license granted below, you retain all rights to your marketing content between you and the Licensor.

You grant the Licensor a non-exclusive, royalty-free license to use, store, reproduce, transmit, and deliver your marketing content solely for the purpose of providing and technically executing the Services to the recipients you designate. The Licensor will not use it for its own purposes, publication, or transfer to third parties.

You may not create, publish, store, or share marketing content that violates these Terms or for which you do not have all rights necessary to grant the license described above.

When using the Services, you may import data, including personal information, about your contacts (“Contact Data”). We use your Contact Data only to provide Services to you on your instruction and do not share your Contact Data with third parties except as follows:

• We may share Contact Data with our third-party providers to provide our Services or manage the website.
• We may disclose Contact Data if we believe it is necessary to comply with court or governmental subpoenas, warrants, or orders.
• We reserve the right to use, disclose, and transfer your information and Contact Data to investigate, prevent, or take action regarding potential or actual fraud, illegal activities, circumstances threatening the physical safety of a person, or violations of these Terms, or as legally required.
• We may receive requests from individuals not to receive emails from our Services. To comply with international data protection laws and respect their requests, we place these individuals on our exclusion list so they may no longer receive emails from our Services. If the requesting individual is a contact in your database, we will make economically reasonable efforts to inform you before adding this contact to our exclusion list.

Packages, Additional Services and Remuneration

License Packages and Scope of Services

The User may choose between different license packages that differ in price, duration, functionality, and quota (number of eCards — emails with links to dynamically generated digital cards — user accounts, and events). Each package may be expanded with additional options (e.g., additional eCards, user accounts, or features).

Depending on the selected license package, emails sent by the User may contain a reference to Power eCard (e.g., a logo or text notice).

The respective scope of features is defined by the service description of the chosen package at the time of contract conclusion. The current service description is always available on the Licensor’s website at www.power-ecard.de.

Term and Renewal

The duration of use varies depending on the license package and either ends automatically or is extended for the respective booked period.

Quotas

Each license package includes a specific quota for eCards, users, and events.

The eCard quota (sending volume) is the maximum number of eCards that may be sent by the User based on the booked license package. Any unused sending volume expires according to the rules defined in the respective license package.

Depending on the license package, there may be a limit on user accounts within the system. The User may create and manage a certain number of user accounts with different access rights within their Power eCard system. Deleted user accounts, including all data (addresses, mailings, etc.), become available again within the quota.

Depending on the license package, there may also be a limit on the maximum number of events that can be created and managed simultaneously. An event includes, among other things, communications and guest registrations. Deleted events, including all data (communications, guest lists, etc.), become available again within the quota.

Additional Services (Add-ons)

The Licensor offers supplementary services (“Add-ons”) — e.g., consulting or design services for eCards — which can be booked optionally for a separate fee.

Rights of Use for Templates and Designs

All commissioned templates and eCard designs are licensed solely for use within the Power eCard Services. Rights of use are non-transferable. Storage on own servers or use with other service providers is expressly prohibited.

Compensation and Payment Terms

By concluding a usage agreement, the User agrees to pay the agreed remuneration for the chosen license package in advance for the entire duration.

Additional services (Add-ons) are to be paid according to the individual agreement at the agreed time.

All prices on the websites are exclusive of statutory VAT and any other applicable fees. Additionally agreed fees are charged according to the applicable legal provisions.

Support and Customer Service

Access to Support

All customers have access to a central Support Center with help articles, guides, and frequently asked questions. This is available online 24/7 and can be used regardless of the chosen license package.

Depending on the license package, support requests regarding general questions, functions, or platform usage may be submitted via email to support@power-ecard.de. Response times depend on the booked license package:

a) Freelance (Support Center)
Access exclusively to the self-service Support Center (no individual email support).

b) Small Business (Standard Support)
Contact: by email
Support hours: Monday–Friday, 09:00–17:00 (excluding public holidays in Baden-Württemberg, Germany)
Response time: within 16 hours during support hours

c) Corporate (Premium Support)
Contact: prioritized email support
Support hours: Monday–Friday, 09:00–17:00 (excluding public holidays in Baden-Württemberg, Germany)
Response time: within 12 hours during support hours

d) Enterprise (Premium Support + Dedicated Contact Person)
Contact: personal contact by email and telephone
Support hours: Monday–Friday, 09:00–17:00 (excluding public holidays in Baden-Württemberg, Germany)
Response time: within 8 hours during support hours

Disruptions and Outages

Platform Availability

The Licensor guarantees an average platform availability of 98% per calendar year. Measurement is carried out at the handover point (data center router). Calculation of availability excludes:

• Scheduled maintenance periods
• Technical measures for system maintenance or further development
• Outages outside the Licensor’s control (e.g., force majeure, third-party network problems, system attacks)

Maintenance Windows

Regular maintenance is preferably carried out on Fridays between 00:00 and 04:00. For planned maintenance with potential service impact, Users are notified at least 48 hours in advance. Maintenance periods are not considered downtime for availability calculation.

Classification of Disruptions

Reported technical disruptions are classified by urgency:

• Disruption Class 1 (Critical): complete unavailability or total system failure
• Disruption Class 2 (High): significant restriction of core functions
• Disruption Class 3 (Medium): functional impairment with workaround possible
• Disruption Class 4 (Low): general limitations or cosmetic errors not significantly affecting functionality

Response Times for Disruptions

During support hours (Monday–Friday, 09:00–17:00, excluding public holidays in Baden-Württemberg, Germany), response times for technical disruptions are as follows:

• Class 1: response within 4 hours
• Class 2: response within 8 hours
• Class 3–4: response within 16 hours

There is no entitlement to resolution within specific timeframes. However, the Licensor undertakes economically reasonable measures to correct faults within its capabilities.

Data Privacy

Transmission and Processing of Data

By accessing or using our services, you agree to the processing, transmission, and storage of information.

Privacy Policy

Our Privacy Policy (available at https://www.power-ecard.com/data-privacy/) provides information on how we collect, use, and share information about you.

Data Processing Agreement

When using the Power eCard services, personal data is processed by the Licensor as a processor on behalf of the Customer.
A data processing agreement pursuant to Article 28 GDPR is mandatory and governs the subject matter, duration, type, and purpose of the processing, as well as the applicable technical and organizational measures.

Usage Analysis

When our software is used, user behavior is analyzed to collect statistical information about the use of the software backend.
Only usage data from users registered and logged into the Power eCard system (e.g., users, editors, administrators with personal access) is collected; usage data from unregistered users (e.g., recipients of eCards) is never collected.

Only pseudonymized usage data is recorded; personal data (such as IP addresses) is stored in anonymized or truncated form in accordance with the GDPR and does not allow the identification of individual users.
The collected data may be used to improve the software and optimize the user experience.

For the analysis of usage data, the Piwik Pro analytics tool is used.

The collected data includes, among other things:

• IP addresses, which are collected in anonymized form and do not allow conclusions about individual users;
• information about browser software, operating system, screen resolution, and similar technical information;
• information about pages accessed, links clicked, and similar usage information.

Use and Data Security

The collected data is used exclusively for analytical purposes.
The information is used to understand user behavior, optimize the software, fix errors, and improve the overall user experience.

Appropriate technical and organizational measures are implemented to protect the collected usage data and to prevent unauthorized access or misuse.
Usage data is not sold, shared, or otherwise made available to third parties.

By accessing or using our services, you agree to the collection, storage, and evaluation of usage data.

Prohibited Behavior

Prohibited Activities on the Services

You shall not violate any applicable law, contract, intellectual property right, or other third-party right, nor commit any unlawful act, and you are solely responsible for your conduct when accessing or using our services.
When accessing or using our services, you agree that you will not:

• Engage in any harassing, intimidating, reckless, or stalking behavior in any form;
• Impersonate any person or organization, including, without limitation, an employee of the Licensor, or falsely state or otherwise misrepresent your affiliation with any such person or organization;
• Use or attempt to use another user’s account without that user’s and the Licensor’s authorization;
• Access the services other than through industry-standard or Licensor-approved application programming interfaces (APIs);
• Use our services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our services, or that could damage, disable, overburden, or impair the functioning of our services in any way;
• Delete or modify materials, including marketing content, published by another person or organization;
• Delete or alter author attributions, legal notices, or proprietary designations or labels that you upload into a communication function;
• Register, subscribe, or attempt to register or subscribe any third party for any product or service of the Licensor, or attempt to unsubscribe any third party, without that party’s express authorization;
• Reverse engineer any aspects of our services or engage in any activity intended to discover source code or to circumvent measures designed to prevent or restrict access to any part of our services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any features or areas of our services you are not authorized to access;
• Develop or use any third-party applications that interact with our services without our prior written consent, including scripts designed to scrape or extract data from our services;
• Use our services for any illegal or unauthorized purposes or engage in, encourage, or promote any activity that violates these Terms of Use.

Compliance

You represent and warrant that your access to and use of the services comply with all applicable laws, rules, and regulations, including, but not limited to, those relating to data protection and the sending of electronic communications.

You further represent that you have a lawful basis for processing and sending marketing content and communications to your customers and business contacts who have consented to receive marketing communications from you or on your behalf (“Contacts”), whether through legally valid consent or other lawful means.

You will not provide, upload, or otherwise process any marketing content or contact data through the services for which you lack a lawful basis under applicable data protection laws, including any data owned by the Licensor, nor will you take any actions relating to such content or data.

You (and not the Licensor) are responsible for ensuring compliance with all notification and consent obligations when sending communications to individuals in the jurisdictions where they reside.

While our services may allow you to manage and access consents and other contact data, you acknowledge and agree that you, and not the Licensor, are solely responsible for maintaining all records relating to such consents.

It is your sole responsibility to determine whether our services are suitable for your use in light of the laws and regulations governing your business, industry, or relationships with your own contacts, including, but not limited to, consumer protection, privacy, advertising, intellectual property, or other applicable laws.

You shall not use our services for unlawful or discriminatory activities, including any acts prohibited under the Federal Trade Commission Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, or any other laws applicable to commerce.

Reporting Abuse

If you believe that someone using the services is violating these Terms, please notify us immediately by email at info@power-ecard.de.

Limited License; Copyright and Trademarks

Our services and the content contained therein, including text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content, are owned by the Licensor or licensed by the Licensor and are protected. Unless expressly stated otherwise in these Terms, the Licensor reserves all rights to our services and content. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our services and content for (i) your personal use or (ii) as a business or organization to communicate with your contacts through your business or organization. This license is subject to these Terms and does not include the right to (a) sell, resell, or commercially exploit our services or content; (b) copy, reproduce, distribute, publicly perform, or publicly display Licensor content except as expressly permitted by us or our licensors; (c) modify content, remove proprietary notices or markings, or otherwise use Licensor services or content in other ways; (d) use data mining, robots, or similar data extraction methods; or (e) use our services or content for purposes other than intended. Any use of our services or content not expressly permitted herein is strictly prohibited without our prior written consent and terminates the license granted herein.

Third-Party Rights

If a third party asserts that the software infringes the rights of that third party, the Customer shall notify the Licensor immediately. The Customer is not authorized to recognize such claims of third parties before giving the Licensor a reasonable opportunity to defend against the claims asserted by the third party.

If the software does indeed infringe third-party rights, the Licensor will, at its own discretion and cost, either secure the necessary rights for the Customer to use the affected third-party right or modify the software so that it no longer infringes the affected third-party right. If this is not possible, Clause 10 (Termination) applies accordingly. Claims for defects of the Customer remain unaffected.

Feedback

The Licensor welcomes feedback, suggestions for improvement, and ideas for further development of the software (“Feedback”). To the extent the Customer provides Feedback to the Licensor, the Licensor may use this Feedback free of charge, non-exclusively, and indefinitely to improve and further develop its products and services. Confidential information or personal data in the Feedback will not be published or shared. Rights to existing intellectual property of the Customer remain unaffected.

Copyright Complaints

We have a policy to restrict access to our services and terminate accounts of users who infringe the intellectual property rights of others. If you believe that any content in our services infringes copyrights that you own or control, you may notify the Licensor’s designated representative as follows:

Designated Representative: Timm Dollinger
Address: Adlerstraße 41, 70199 Stuttgart
Phone Number: 0711 47097630
Email Address: timm.dollinger@power-ecard.de

Limitation of Liability

The Licensor is not liable for damages caused by errors, defects, or improper installation of third-party software.

Claims for defects of the Customer are void if the Customer has made changes to the software or had changes made by a third party without prior consent of the Licensor, or if the software is used by the Customer for a purpose not covered by the license agreement and if the change or non-contractual use alone caused the defect.

The Licensor’s strict liability for defects present at the time the software is made available is excluded.

The Licensor is liable for damages, regardless of the legal reason, without limitation in cases of intent and gross negligence. For simple negligence, the Licensor is liable only for damages arising from injury to life, body, or health, as well as for damages from the violation of a contractual obligation whose fulfillment enables proper execution of the contract at all and on which the other party regularly relies. In the case of breach of such essential contractual obligations, liability is limited to the replacement of foreseeable, typically occurring damage up to the amount of the annual license fee; liability for foreseeable indirect damages, in particular loss of profit, is excluded. These limitations do not apply in cases of fraud or claims under the Product Liability Act.

The Customer is obliged to regularly back up their data to a reasonable extent. The Licensor’s liability for data loss is limited to the typical recovery effort that would have been incurred with regular and risk-appropriate data backup by the Customer.

Indemnification by Customer

The Customer shall indemnify the Licensor from legitimate claims of third parties arising from unlawful use of the Services by the Customer or content provided by the Customer, to the extent that the Customer is at fault. The Licensor will promptly inform the Customer of asserted claims and provide the Customer with the opportunity to defend or settle amicably. Beyond this, there is no further liability or cost obligation of the Customer.

Changes to these Terms

If we make changes, we will publish the amended Terms in our Services and update the “last updated” date indicated at the end. We may also attempt to notify you by sending an email to the address linked to your account or a notification via our Services.

Changes will take effect no earlier than 30 days after notice. If you do not agree to the changes, you may terminate the agreement prior to the effective date of the new Terms. Continued use after this period constitutes agreement.

For purely editorial or legally required changes, they may take effect immediately.

Termination

We reserve the right to block access to our Services wholly or partially or to terminate the use relationship for good cause. Good cause exists in particular for significant or repeated contractual violations, late payment, or unlawful use of the Services. The Licensor will inform or warn the Customer in advance, as far as reasonable, unless this is not necessary due to the severity of the violation.

The Customer is also entitled to terminate the use relationship for good cause, in particular if the Licensor materially breaches its contractual primary obligations or permanently discontinues the service. In this case, a proportional refund of fees already paid will be made for the period during which the Services can no longer be used due to the termination.

After termination of the contract, customer data will be deleted in accordance with data protection regulations. The Licensor is not liable for the loss of data after this period.

Final Provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. § 306 BGB applies. This agreement contains all arrangements. There are no verbal side agreements. Amendments and supplements to the contract must be in text form (§ 126b BGB), unless a stricter form is legally required. German law applies, excluding the UN Sales Convention. Place of jurisdiction and performance is Stuttgart, Germany.