Legal notice

Article 1: object

Smart Link & BPLoop is intended for individuals and companies wishing to manage their cards in digital form. BPLoop is a service provided in the form of a mobile downloadable application for free on Google Play®, Apple Store® and Windows Store and an interface Professional back office available at https://www.smartlink.swiss
These terms are intended to define the conditions for use of the mobile application and professional interface accepted by the Client and the editor.

By accessing the Services and by using them, you agree to be bound by these terms that establish a contractual relationship between yourself and BPLoop. If you do not agree to these terms, you won’t access services. BPLoop may immediately terminate these terms or any service in your area or, in General, cease to provide services or any part of the latter or deny access, and this at any time and whatever the reason.

Article 2: Definitions

“Publisher” refers to BPLoop, SA with a capital of 100’000 CHF, which the headquarters address Chemin rieu 12, 1206 Geneva, Switzerland.

Interface web Back Office Professional” refers to the service available at http://www.bploop.com which helps companies who subscribed to a professional formula, the centralized management of business cards of its employees.

“Application mobile BPLoop” refers to the web app for smartphones to Apple iOS, Android or Windows phone type. This application allows the user to share his business card and manage contacts via a directory synchronized with the Cloud of BPLoop.

Private business card” means all private contact information that the user of the mobile app makes available under his own control.

Light pro card” means all business contact information that the user of the mobile app makes available under his own control.

“Card pro BO” refers to the professional details which the company makes available, for its employees through the mobile app. The pro BO card information are under the single control of the company.

“Loop-it” means one of patterns of exchange of cards between users of the mobile application bploop by swiping the card to the top of the screen in order to send it to other users close to you.

“Enterprise administrator” means a person of a company responsible for the management of the business cards of the employees. This person has the required access to administer via the web interface Back Office administration.

Article 3: Account creation

Using the BPLoop service on the mobile application requires the creation of a personal user account. It allows the user on one hand, to create its cards private and professional light and Exchange cards with other users of the mobile application BPLoop. All its data is synchronized on the Cloud BPLoop, which allows the user to retain or recover its data if he changes its smartphone.

On the mobile application, the user creates its own identifier based on his private email address. This identifier will be unique and will allow him to get a business card pro light and a private card. Later, this same identifier will allow it to be linked to a company in order to get a business card pro BO. His credentials are personal, confidential and non-transferable to third parties. This same identifier will allow the user to use the application during his entire career.

Create a login on the mobile application gives free access to the mobile application BPLoop. The user via this access can create and exchange his private card and business card pro light with other user. If the company he works for has purchased a subscription pro BO (Back Office), he can link his personal account to have a pro BO (in lieu of his light pro card) card.

The basic use of the mobile application BPLoop allows the user to manage their own contact information, private and professional light at all moment. The presentation of this information is not editable and identical for all users.

Article 4: Mobile usage

During the phase of registration, the user must provide their contact information private and professional. All this information will then be presented on the tab “my card”.
The user then has several modes of Exchange cards with other users of the mobile application BPLoop:

    • Exchange by email: send a code by email to individuals with whom the user wants to exchange his card (Exchange possible even if the 2 users are not nearby).
    • Scan QR Code: when two users of the application want to exchange their card (to use this mode users should be nearby), one of them has to scan the QR Code of the card of the other person.
    • Loop-it: when two users of the application want to exchange their card (users should be nearby), one of users positioned its application in mode “receipt of card” and the other sends his card with a simple gesture slipped near the top of the screen.

The mechanism of exchange of cards requires users to Exchange each other their cards. However, it is possible for the user to choose the type of card that he wants to trade in return when he receives a card.
The mobile application allows you to access the list of contacts made among users. The data displayed in the smartphone from the Cloud BPLoop, are always up to date. The application remains available via an offline mode.
Some operations on business cards BO generate visible updates under the tab “update”. The mobile app users be informed in real time of the changes on their contacts with a card pro BO.

The update of personal and professional information light does not update on mobile interface of the user’s contacts.

Article 5: Company administrator creation

Administrator account has aims to provide companies with a centralized management tool of business cards of its employees.
Access to the professional interface is in the form of an annual subscription that each company can subscribe directly via the site public http://www.bploop.com.
The creation of an administrator account for a company is done online, the login is based on professional email of the business administrator.
Information about his company are also to provide during the registration process. The administrator can make the online payment of the annual subscription from the phase of registration or pay the subscription in a second time. In this case, it will have access for a period of one month, pass this period, if the payment is not made, BPLoop may disable the account of the company.

Article 6: Back office usage

Article 6.1: creating templates

The web Back Office interface provides a tool to the company administrator to customize business card BO of employees in line with company’s image. All the business cards will have the same template. However, there is the possibility of creating a second template.

The template lists all items that must appear on each card as well as their location. It is possible to add three images, the company logo and photo of the employee. The card personalization can also be made from a background image on which the contact information is inserted.

The moderation of photos by employees can be configured at the template level. The administrator can keep control of the images taken by the employees for their portrait. In the case of a moderation enabled, the enterprise administrator will receive notifications in its web interface Back Office where he will have to approve them.

Article 6.2: creation of the employee cards

The enterprise administrator must create the cards of each employee from the tab « cards ». It can either manually create each card by entering all the information of the employee or use the import function in preparing a file of csv type according to the nomenclature described through the feature. Once the card is created, a unique company id is generated to attach id mobile web app to card pro BO. The administrator must communicate the company id to the employee which will have only to enter it by navigating in the settings of his card and selecting the option « connection to a company”. From this moment on, the pro BO card becomes active in the mobile web application of the employee and all the professional information is under the control of the enterprise administrator.

Section 6.3: modification cards of employees

When the enterprise administrator makes changes on the business card of an employee, notifications will be automatically sent to all these contacts in order to warn them of the changes. Notifications are active on the following:
• Change of surname in a marriage
• Change of position
• Change in society

Article 6.4: request for replacement

Under the departure of an employee, the administrator has the ability before deleting his card to offer all his contacts a replacement. In this case, each contact will receive a new request of connection which will be the subject of approval.
Article 6.5: access to the contact of each employee

As soon as an employee is attached to a company, all the contacts made through his pro BO card are stored in the web Back Office interface. The enterprise administrator can get all the information of the contacts of the employee. This information remains the property of the company and not the employee. The administrator can decide through the settings of the card of the employee if he can still benefit from his contacts (only made during his period of attachment to the company).
If in the settings of the card, the employee is not allowed to keep his contact:
• The employee loses his contacts (only those acquired in the company, it retains its old contacts).
• It then appears as a contact waiting for acceptance on the application of all the deleted contacts. They will have the opportunity to get back in touch with him if they wish.

Article 6.6: delete a card

When a card of an employee is deleted, he automatically loses his card pro BO on his smartphone. His light pro card information becomes active.

Section 6.7: management of subsidiaries

The web interface supports the management of subsidiaries in order to customize and dedicate more modular cards management. The group administrator however manages company administrators in order to control the homogeneity of all the cards from the group.
In the case of the purchase of a company that already has a business account BPLoop, it is also possible to apply for connection of a subsidiary to a group. A connection request is to be sent by mail to the Group/subsidiary. There is a double validation system in order to secure the connection.
During a connection, the following rules apply:
• Only a group can request a connection
• If a group is attached, it became a subsidiary of the applicant, as well as all subsidiaries group
• All cards are attached to the group as well as invoices
• If the account group or subsidiary to reattach using card templates 1 or 2, the latter must become 3 or 4 templates in the new structure.

Article 7: Obligations

Article 7.1: Service Eligibility

You’re eligible to enter into this Agreement and you are at least our « Minimum Age. »

Article 7.2: Your Membership

You’ll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
You agree to try to choose a strong and secure password, to keep your password secure and confidential and to not transfer any part of your account.

Article 7.3: Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
Failure to pay fees may result in the termination of your subscription. Also:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions).
You must pay us for applicable fees and taxes unless you cancel your account, in which case you agree to still pay these fees through the end of the applicable subscription period.
Taxes are calculated based on the billing information that you provide us at the time of purchase.

Article 7.4: Notices and Service Messages

You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn’t up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

Article 8: Rights and restrictions

Article 8.1 Your License to BPLoop

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it without compensation to you or others (except data included in business card pro BO).
You promise to only provide information and content that you have the right to share, and that your BPLoop profile will be truthful.
You can end this license for specific content by deleting such content from the Services, or generally by closing your account.
You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.

Article 8.2: Service Availability

We may change, suspend or end any Service, or change and modify prices in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
BPLoop is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide.

Article 8.3. Other Content, Sites and apps

When you see or use others’ content and information posted on our Services, it’s at your own risk.
Third parties may offer their own products and services through BPLoop, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BPLoop generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.
We’re providing you notice about our intellectual property rights.
BPLoop reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. BPLoop reserves the right to restrict, suspend, or terminate your account if BPLoop believes that you may be in breach of this Agreement or law or are misusing the Services.
BPLoop reserves all of its intellectual property rights in the Services.

Article 9: Disclaimer and limitation of liability

Article 9.1: No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, BPLOOP (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS; (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Article 9.2: Exclusion of Liability

These are the limits of legal liability we may have to you.
BPLOOP SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES.
IN NO EVENT SHALL THE LIABILITY OF BPLOOP EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) ONE TIME THE MOST RECENT YEARLY FEE THAT YOU PAID, IF ANY, OR (B) EUR 1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BPLOOP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BPLOOP HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Article 10: Termination

We can each end this Agreement anytime we want.
BPLoop or You may terminate this Agreement at any time with notice to the other of three months before the renewal of the contract. On termination, you lose the right to access or use the Services. The following shall survive termination:
Members’ and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; Any amounts owed by either party prior to termination remain owed after termination.

Article 11: Resolution of problems

In the unlikely event we end up in a legal dispute, it will take place in Geneva courts, applying Swiss law.
You agree that the laws of the Switzerland shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Geneva, Switzerland, and we each agree to personal jurisdiction in those courts

Article 12: General conditions

You agree that BPLoop may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do. If you don’t agree to these changes, you must stop using the Services.

Article 13: “TO DO and NOT TO DO” for BPLoop members

Article 13.1: Dos. You agree that you will:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.

Article 13.2: Don’ts. You agree that you will not:

Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by BPLoop);
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on BPLoop;
Misrepresent your current position;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Use or attempt to use another’s account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate the intellectual property or other rights of BPLoop, including, without limitation, using the word “BPLoop” or our logos in any business name, email, or URL;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by BPLoop;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Imply or state that you are affiliated with or endorsed by BPLoop without our express consent;
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Collect, use, copy, or transfer any information obtained from BPLoop without the consent of BPLoopn;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by BPLoop, such as its mobile applications and bploop.com;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);