Terms of Service
Effective 27 August 2026
We are Smart Digital Solutions LLC, a limited liability company registered in New Mexico, USA, and we operate En Contacto.
Correspondence address: 211 E 43rd St, 7th Flr #213, New York, NY 10017, USA
Email: support@encontacto.io
These Terms are an agreement between you and us. Please read them before using En Contacto.
Which parts apply to you
Some of these Terms apply differently depending on whether you are buying as a consumer or for a business. We have marked those sections clearly.
You are a Consumer if you are an individual buying mainly for personal use, outside any trade, business or profession.
You are a Business User if you are buying for a company, or in the course of your own trade or profession.
Where a section applies to only one group, it says so. Everything else applies to everyone. If you are a Consumer, nothing in these Terms takes away rights your local law gives you.
Definitions
“Services” means En Contacto — our website, our app, and everything we provide through them.
“Digital Card” means a profile page you publish through the Services, at a public address on our domain or on a domain you have connected.
“Card Visitor” means anyone who views a Digital Card you have published. A Card Visitor is not our customer and has no account with us.
“Leads” means contact details submitted through your Digital Card, captured by you using our tools, or extracted from business cards you scan.
“Using our Services” means interacting with them in any way — creating an account, making a payment, publishing a card, uploading content, or accessing them through automated tools.
Agreeing to these Terms
By using the Services you agree to these Terms, and to our Privacy Policy, Refund Policy, Cookie Policy, Acceptable Use Policy and Data Processing Agreement, which form part of them. If you do not agree, please do not use the Services.
By using the Services you confirm that:
- you are at least 18 years old, or the age of majority where you live if that is higher;
- you have the legal capacity to enter this agreement, and if you are acting for an organisation, the authority to bind it;
- the information you give us is accurate and you will keep it up to date; and
- you are not in a country subject to comprehensive sanctions, and you are not on any sanctions or export control list.
If we learn that someone using the Services is under 18, we may suspend or close their account.
Your account
You will need an account to use most of the Services. Keep your password to yourself, use a strong one, and turn on two-factor authentication if you can. Tell us straight away at support@encontacto.io if you think someone else has got into your account.
You are responsible for what happens through your account. We are not liable for losses caused by someone else using your account, unless we caused it.
We may access your account where we need to in order to support you, investigate a breach of these Terms, respond to a legal request, or protect the security of the Services.
Signing in with another service
You can sign in using a third-party account, such as Google. If you do, you are also using that provider's service, and you allow us to receive the profile information they share. You can disconnect it at any time.
Closing your account
You can close your account whenever you like, from your account settings or by emailing us. You will need to settle anything you owe us first.
Closing your account takes your Digital Cards offline. Any QR code, NFC tag or printed link pointing to them will stop working, and there is no way to reverse that. Export anything you want to keep first.
When we can suspend or close your account
We may suspend or close your account, or restrict what you can do, if:
- your use puts the security of the Services or anyone else at risk;
- your use is fraudulent, abusive, discriminatory or unlawful;
- your use exposes us to legal liability;
- you have not paid what you owe;
- you are in breach of these Terms or our Acceptable Use Policy; or
- a court or authority requires us to.
Where the problem can be fixed and immediate action is not needed, we will tell you first and give you a reasonable chance to fix it. We may act immediately where we reasonably need to — fraud, a security risk, unlawful activity, a legal requirement, or a repeated failure to put something right.
If we close your account, any licence we granted you ends, anything you owe becomes payable, and we may delete your data as described in our Privacy Policy.
You can appeal by emailing support@encontacto.io.
Digital Cards on Individual plans
Individual plans include unlimited Digital Cards for your own use. Make as many versions of yourself as you want — different roles, different languages, different audiences, different email addresses. That is what the plan is for.
To stop the plan being abused, new accounts start with a working limit of 15 Digital Cards. If you need more for your own use, email support@encontacto.io and we will raise it. There is no charge and no fixed ceiling.
What an Individual plan is not for is managing Digital Cards for other people. If you are creating and running cards on behalf of employees, clients or anyone other than yourself, that is a Team Workspace, and we will ask you to move to one. Accounts using an Individual plan to run cards for multiple people may be suspended or required to upgrade.
How you may use the Services
You agree not to:
- copy, modify, decompile or reverse engineer the Services or any content in them, without our written permission;
- remove or obscure copyright or trademark notices — this does not apply to removing our branding from your Digital Cards where your plan allows it;
- copy or mirror any part of the Services elsewhere without our permission;
- disrupt or overload our systems or networks;
- post or transmit anything harassing, obscene, fraudulent or unlawful;
- use the Services to break any law;
- send spam or run unauthorised advertising;
- collect other people's data without their consent or in breach of our Privacy Policy;
- infringe anyone's privacy, intellectual property or other rights;
- scrape or extract data using automated tools without our permission;
- try to get unauthorised access to any part of the Services;
- do anything that stops other people using the Services, or that exposes us or them to liability;
- use the Services in breach of export control or sanctions law;
- impersonate anyone or hide who you are; or
- exploit an obvious bug or error, or get around usage limits, paywalls or access controls.
Our Acceptable Use Policy has more detail on Digital Cards, public profiles, wallet passes and NFC, and forms part of these Terms.
Changes to these Terms
We may change these Terms. For minor changes, the new version applies as soon as we publish it. For changes that materially affect your rights, we will give you reasonable notice by email before they take effect, and we may ask you to accept them before you carry on using the Services. Changes required by law may take effect immediately.
If you are a Consumer and you do not accept a material change, you can cancel and we will refund the unused part of anything you have already paid for, calculated pro rata.
Prices, taxes and payment
Prices are in US Dollars unless we say otherwise. The total shown at checkout before you confirm is what you pay, including any tax we have to collect.
If we spot an obvious pricing error before accepting your order, we will tell you the correct price and you can confirm or cancel. We will not charge you anything extra after you order, unless the law requires it.
If you are tax exempt, send us valid documentation and we will apply it once we can verify it.
Paddle is our Merchant of Record
Our order process is conducted by our online reseller Paddle.com, which is the Merchant of Record for all our orders. Paddle handles the transaction, charges you, issues your invoice, and collects and pays any sales tax or VAT.
This means your contract for the purchase itself is with Paddle. Your use of En Contacto is still governed by these Terms, and we remain responsible for providing the Services.
Paddle's buyer terms apply to the payment and are at paddle.com/legal/checkout-buyer-terms.
The payment methods available to you are whatever Paddle offers at checkout, which varies by country and can change. Your bank or payment provider may add its own charges, such as currency conversion. We do not add hidden surcharges.
By paying, you authorise Paddle to store and process your payment details and to charge your chosen method for the total at checkout and any recurring fees, and you confirm you are entitled to use that payment method.
If a payment fails or you think a charge is wrong, email support@encontacto.io or contact Paddle. Tell us promptly if your payment method is cancelled or compromised. We may suspend access if payment is not completed.
Refunds
Our Refund Policy sets out when you can get a refund and how to ask. Please read it before you buy.
If you are a Consumer in the EEA, EU or UK, you have a statutory right of withdrawal. Because your purchase contract is with Paddle as Merchant of Record, that right — including how it works when you start using the product immediately — is set out in Paddle's buyer terms and Paddle's refund policy, and Paddle handles it at checkout. We do not restate it here, so that there is only one version of it. Our own Refund Policy gives you a 14-day refund window alongside it.
Subscriptions
Subscriptions are personal to you and cannot be transferred. They start when payment is confirmed and renew automatically at the end of each term until you cancel.
The price, tax, billing frequency and renewal terms are shown before you buy. By subscribing you authorise those recurring charges. If a renewal payment fails, we may try any backup payment method you have given us, and we may suspend access until it is resolved.
We may change subscription prices. Any change applies from your next renewal and we will tell you in advance.
What you get — features, limits and seats — depends on your plan.
Cancelling or changing
You can upgrade, downgrade or cancel at any time in your account settings, or by emailing us.
Cancelling takes effect at the end of the period you have paid for, and you keep access until then. Cancelling does not by itself entitle you to a refund for the rest of that period, except as set out in our Refund Policy or where the law says otherwise.
Where you change plans, Paddle calculates any proration. Where a change leaves an amount in your favour, it may be applied as a credit against future charges rather than returned to your payment method. A credit is applied at your next renewal, so if you cancel before then it is not used.
Team Workspaces
If you buy a Team Workspace, you are responsible for the people you invite into it and for their compliance with these Terms.
Seats are billed according to your plan. Adding seats may create an immediate prorated charge; removing them may create a credit. The workspace owner pays.
If a Team Workspace subscription ends, members may lose access to the workspace. Digital Cards already published may stay online for a while at our discretion, so your organisation's contacts are not cut off, but we do not promise any particular period.
Team Workspace customers: our Data Processing Agreement covers the contact data you collect through the Services. It forms part of these Terms.
Lifetime plans
Some plans are a one-time purchase, including anything we describe as “lifetime”. You pay once, and access begins when payment clears. This gives you a personal, non-transferable licence to use the Service — it does not transfer ownership of anything to you.
If you buy a lifetime plan, we commit to operating the Service for at least three years from the date of your purchase. If we discontinue it entirely before that period ends, we will refund the unexpired portion of those three years, calculated pro rata.
After that period, “lifetime” means for as long as we operate the Service. We are not obliged to run it forever, and if we discontinue it the Discontinuation section applies.
Your purchase covers the features described when you bought it. It does not automatically include new versions or new features, which we may offer separately. We will not deliberately take away features you had at the time of purchase, except where these Terms or the law require it.
Some things are never included in a lifetime purchase because they cost us money every month: connected custom domains, and any add-on sold on a recurring basis.
Except where our Refund Policy or the law says otherwise, one-time purchases are not refundable once you have access.
Free plans
We may offer parts of the Services free. We can change, limit or withdraw a free plan at any time. Nothing free comes with a promise that it will stay available, or with support commitments.
If a free account is inactive for a long time, we may close it after giving you reasonable notice.
Custom domains
If you connect your own domain, you are responsible for registering and renewing it, keeping its DNS set up as we describe, and having the right to use it. We are responsible for routing it to your Digital Cards and issuing certificates.
⚠️ A custom domain is used to build links, QR codes and NFC tags, and those cannot be recalled once printed or programmed. If your domain lapses or is disconnected, everything built on it stops working. Please keep that in mind before you print.
A custom domain is a recurring add-on and is not included in any plan or one-time purchase unless we say so.
Third-party services
The Services connect to tools built by other companies. Their terms apply when you use them. We do not control them, we do not endorse them, and we are not responsible for how they work. If one stops working or changes, we may have to discontinue that connection.
Where a problem comes from a third-party service, we will use reasonable efforts to resolve or reduce the impact on our Services, but we cannot fix or compensate for their failures.
Card scanning and AI features
Some features use artificial intelligence. You choose whether to use them.
Card scanning. When you photograph someone's business card, the image is sent to OpenAI so the text can be read. We do not store the image. That image contains another person's details — you are responsible for having a lawful reason to capture and keep them, and for complying with data protection law when you do. Our Privacy Policy explains how this works in detail.
AI features produce automated results and can be wrong. Check them before you rely on them. Anything you generate with them counts as your content under these Terms.
We do not guarantee that AI features are accurate or fit for any particular purpose.
How we use AI
Humans stay in charge of decisions that matter. We do not use AI for anything unlawful, for social scoring, for real-time biometric surveillance, for emotion recognition in employment or education, for manipulating people through subconscious techniques or by exploiting vulnerability, or for anything that infringes fundamental rights.
Changes to the Services
We may update, change or improve the Services at any time. That includes technical changes, security fixes, performance work, and changes needed to comply with the law.
The Services may occasionally be unavailable — maintenance, technical problems, or things outside our control. We are not liable for temporary interruptions.
Discontinuation
We may discontinue all or part of the Services for legal, security, operational or business reasons. Where we can, we will give reasonable notice first. If you hold a lifetime plan, the commitment in the Lifetime plans section applies.
App updates
If you install our app, it may update automatically where your device settings allow it.
If you download our app from an app store
This section applies only if you download our app from the Apple App Store or Google Play. If you installed En Contacto from your browser as a web app, it does not apply to you.
These Terms are between you and us, not with Apple or Google. You agree to follow the usage rules in the relevant store's terms.
Neither Apple nor Google has any obligation to support or maintain the app. If the app does not work as warranted, you can tell them and they may refund what you paid. Beyond that they have no warranty obligation.
We, not Apple or Google, are responsible for the app, for any warranties, for claims about the app, for intellectual property claims, and for support.
Apple and Google are third-party beneficiaries of this section and can enforce it against you.
Purchases made inside a native app may be processed by the app store under its own terms rather than by Paddle. Where that happens, the store's refund and billing rules apply to that purchase.
Your data and your Leads
Our Privacy Policy explains what we do with your information.
Leads belong to you. As between you and us, the contact details you collect through the Services are yours. You are responsible for collecting and using them lawfully, for giving any notice and getting any consent the law requires, and for answering a Card Visitor who asks you about their information.
We process Leads on your behalf, under our Data Processing Agreement, which forms part of these Terms.
We also collect usage and performance data across our users. We may aggregate and anonymise it for analytics and product development. Once anonymised so that it cannot identify anyone, that data is ours.
Intellectual property
We own the Services and everything in them, apart from your content. Nothing in these Terms transfers our intellectual property to you.
As long as you comply with these Terms and pay what you owe, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your personal or internal business purposes.
Our brand
You can refer to us truthfully. Do not use our name or logo in a way that suggests we endorse you.
Branding on Digital Cards. Free and some paid plans show a “Powered by En Contacto” credit. If your plan or add-on includes removing it, remove it freely — nothing here requires you to credit us. If your plan does not include that, please do not remove or hide it by technical means.
Your content
“Your content” means anything you upload, publish or send through the Services, including your Digital Cards and any feedback or suggestions you give us.
You keep ownership of your content. We will never claim it.
You give us a non-exclusive, royalty-free, worldwide licence to host, store, copy, display, translate and adapt your content, only as needed to run and improve the Services and consistent with your privacy settings. This includes using your feedback and suggestions to improve the product, without owing you anything for it.
You confirm you have the rights to everything you upload, and that it does not infringe anyone else's rights.
You can end that licence by deleting the content or your account. If we have already used your content in something commercial or sponsored, the licence continues until that campaign ends.
We may review, refuse or remove content that breaches these Terms or our Acceptable Use Policy.
Copyright complaints
We respect intellectual property and we ask you to as well. If you think something on the Services infringes your copyright, tell us.
If it is another user's content, you may want to contact them first — many of these are misunderstandings.
Note that under section 512(f) of the Digital Millennium Copyright Act, knowingly misrepresenting that something is infringing can make you liable for damages.
Send us:
- your signature, or that of someone authorised to act for the copyright owner;
- a description of the work you say has been infringed;
- where the infringing material is on our Services;
- your address, telephone number and email address;
- a statement that you believe in good faith that the use is not authorised; and
- a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorised to act for them.
Designated copyright agent
Alan Jarandilla Nuñez
Smart Digital Solutions LLC
211 E 43rd St, 7th Flr #213, New York, NY 10017, USA
support@encontacto.io
Counter-notice
If your content was removed by mistake, send us a counter-notice with your signature, identification of the content and where it was, a statement that you believe in good faith it was removed by mistake, your contact details, and a statement that you accept the jurisdiction of the federal court where you live — or, if you are outside the US, where we are located — and will accept service from the person who complained.
We will restore the content within 10 to 14 business days unless the copyright owner starts a court action. We may still remove content that breaches these Terms.
Accuracy
We try to keep everything on the Services accurate and current, but errors happen and we may correct them. Feature descriptions and screenshots are accurate when published, and the product changes over time. Showing a feature is not a promise that it will always be there.
Reviews
If you leave a review, please only do so if you have used the Services, share honest experience, avoid anything deceptive or defamatory, and do not include anyone's personal contact details. We may remove reviews that break these rules.
Links to other sites
We link to other websites for convenience. We do not control them and we are not responsible for them. When you follow a link, different terms and privacy policies apply.
Things outside our control
We are not liable for failing to perform, or for delay, caused by something outside our reasonable control — natural disasters, internet outages, cyberattacks, strikes, or failures of third-party services. We will tell you where we can, and our obligations are paused for the duration.
Warranties
The Services are provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties of any kind, and we disclaim implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free or secure, that they will meet your requirements, or that any content in them is accurate or complete.
If you are a Consumer, this does not affect your legal rights. Where your local law gives you guarantees about the quality of digital services, those apply regardless of anything in this section.
Our liability
These limits apply as far as the law allows. Where a limit is not enforceable, it applies to the extent it is.
We are not liable for indirect, incidental, special or consequential loss, or for lost profits, revenue, business, goodwill, opportunity, savings, reputation or data, however the claim arises.
Our total liability to you, for everything arising from these Terms or your use of the Services, will not exceed the greater of (a) what you paid us in the 12 months before the claim arose, or (b) US$100.
Business Users only. Any claim must be brought within one year of arising, or it is barred.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited. This includes liability under Article 82 GDPR, which we do not attempt to exclude.
If you are a Consumer, some of these limits may not apply to you, and our liability is limited only as far as your local law allows.
Indemnity — Business Users only
This section applies only if you are a Business User. It does not apply to Consumers.
You agree to indemnify and hold harmless us, our affiliates, and our officers, employees and agents from any claims, losses, damages, fines and costs (including reasonable legal fees) arising from:
- your use of the Services;
- your breach of these Terms or of any law;
- your infringement of anyone's rights;
- your negligence or wilful misconduct;
- any dispute between you and a third party, including a Card Visitor;
- your content, including your Digital Cards;
- your collection, storage or use of Leads or anyone's personal information; and
- any security incident caused by your acts or omissions.
We may take over the defence of any claim, in which case you will cooperate and reimburse our reasonable costs. Do not settle or admit liability without our written consent.
This obligation survives termination.
Disputes
Before starting any legal proceedings, please write to us at support@encontacto.io describing the dispute and what you want. We will try to resolve it with you within 30 days. After that, either of us may go to court.
If you are a Business User, these Terms are governed by the law of the State of New Mexico, USA, without regard to its conflict of law rules, and you agree to the exclusive jurisdiction of the state and federal courts in New Mexico. You agree to bring disputes individually and not as part of a class or representative action.
If you are a Consumer, these Terms are governed by New Mexico law, but this does not deprive you of the protection of the mandatory law of the country where you live, and you may bring proceedings in your local courts. The class action waiver above does not apply to you where your local law does not permit it.
Whatever the above says, we may seek an injunction to stop unauthorised use of the Services, misuse of confidential information, or intellectual property infringement, without first going through this process.
General
Severability. If any part of these Terms is found invalid, it is removed to the extent necessary and the rest continues to apply.
Waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
Entire agreement. These Terms, together with our Privacy Policy, Refund Policy, Cookie Policy, Acceptable Use Policy and Data Processing Agreement, are the whole agreement between us about the Services. Nothing in them limits any rights you have under consumer protection or data protection law.
Notices. Email is enough for notices in both directions unless the law requires otherwise. We will use the email address on your account, so please keep it current.
Assignment. You may not transfer your rights under these Terms without our consent. We may transfer ours as part of a merger, acquisition or sale of the business, and if we do, your rights will not be reduced.
Interpretation. “Including” means “including but not limited to”. The English (US) version prevails over any translation. Headings are for convenience only.
Survival. Any provision that should survive termination does.