Last updated: 10 July 2026. These Terms & Conditions are a binding agreement between you and TrustKard. Please read them carefully before using the platform.
1. About these Terms
These Terms & Conditions ("Terms") govern your access to and use of the TrustKard digital business card platform, including the websites, applications, public profile pages, short links, QR codes, dashboards and related services we provide (collectively, the "Service"). By creating an account, accessing the Service, or using a card, link or page generated through it, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
These Terms incorporate, and by accepting them you also agree to, our Acceptable Use Policy and our Privacy Policy. Together these three documents form the agreement between you and us, and a reference to these Terms includes all three.
If you accept these Terms on behalf of a company or other organisation (for example when you register for, pay for, or administer a Company account), you confirm that you are authorised to do so and to bind that organisation, and "you" refers to both you and that organisation. You further agree that these Terms, the Acceptable Use Policy and the Privacy Policy apply to every user, Team Member and employee that you or the Company add to, or permit to use, the account; that the Company is responsible for their access to and use of the Service and for their compliance with this agreement; and that you will ensure that each of them is made aware of and complies with it.
2. Definitions
- "We", "us", "our" means TrustKard, the operator of the Service.
- "Company" means an organisation account on the platform under which digital cards, team members, groups and related data are managed.
- "Owner" means the user who controls a Company account and is responsible for its billing and administration.
- "Team Member" means an individual for whom a digital business card or profile is created within a Company.
- "Card", "Profile" or "vCard" means a digital business card or public profile page generated through the Service.
- "Reseller" means a partner authorised by us to provision and manage Companies on the platform.
- "Responsible party" and "operator" have the meanings given to them in POPIA: broadly, the responsible party determines the purpose of and means for processing personal information, and the operator processes personal information for the responsible party.
- "Personal information" and "processing" have the meanings given to them in POPIA.
3. The Service
TrustKard is a multi-tenant platform that enables Companies to create branded digital business cards and profile pages for their Team Members, share them via short links and QR codes, capture leads through contact forms, collect and display reviews, generate Apple and Google Wallet passes, and connect outbound integrations. The Service is provided on a software-as-a-service basis and may evolve over time as features are added, changed or removed.
4. Eligibility
You must be at least 18 years old and capable of forming a legally binding contract to use the Service. You are responsible for ensuring that your use of the Service complies with all laws that apply to you.
5. Accounts, Companies and Team Members
To use most features you must register for an account and operate within one or more Companies. A user may belong to several Companies, with one active Company context at a time. The Owner of a Company is responsible for the conduct of all users and Team Members within it, for the accuracy of the information published on its Cards, and for ensuring it has the necessary rights and consents to publish the contact details, images, logos and other content it uploads. Each user, Team Member and employee added to a Company must use the Service in accordance with these Terms and our Acceptable Use Policy, and the Owner is responsible for ensuring that they do.
Where a Company is provisioned or managed through a Reseller, certain billing and administrative functions may be handled by that Reseller in accordance with their own arrangement with you.
6. Account Security
You are responsible for safeguarding your login credentials and any API keys issued to you, and for all activity that occurs under your account. You must notify us promptly of any unauthorised access or suspected breach of security. We are not liable for any loss arising from your failure to keep your credentials secure.
7. Subscription Plans, Fees and Billing
Access to the Service may be offered on free, rate-card or custom billing arrangements. Where a paid plan applies, fees are calculated according to the plan assigned to your Company, which may be based on banded pricing tied to the number of billable Team Members, touchpoints or other usage metrics. Unless stated otherwise, all fees are quoted in South African Rand (ZAR) and are exclusive of Value-Added Tax (VAT), which will be added where applicable.
Billing is generally assessed on a recurring (monthly) basis. You authorise us to determine the amount payable for each billing period based on your Company's plan and usage at the time the charge is calculated. You are responsible for keeping your billing details, VAT number and billing address accurate and up to date.
8. Recurring Payments and PayFast
Payments are processed through PayFast, a third-party payment gateway. Where you provide a payment method for recurring or ad-hoc charges, you authorise us, through PayFast, to securely tokenise that payment method and to charge it for amounts due under your plan and for any purchases you make through the Service, until you cancel or the authorisation is revoked. We do not store full card numbers; tokenised payment credentials are held in encrypted form. Your use of PayFast is also subject to PayFast's own terms.
9. Subscription Term, Auto-Renewal and Cancellation
Where your Company is on a paid subscription, the subscription starts when it is activated and continues for successive billing periods (each ordinarily one month) until it is cancelled. Unless you cancel before the next billing period begins, the subscription automatically renews for a further period and the fee for that period becomes due, calculated on your Company's plan and usage at the time the charge is raised.
You may cancel the subscription at any time from your Company's billing settings, or by contacting us using the details in the footer of this page. Cancellation takes effect at the end of the billing period in which you cancel: your Company keeps access for the period already paid for, recurring charges then stop, the subscription does not renew, and your Company may be moved to a free or restricted tier. Except where the law requires otherwise, we do not refund the fee for a billing period that has already begun.
We may change plan pricing or the features of a plan on reasonable prior notice; if a change materially and adversely affects you, you may cancel before it takes effect. If you are a consumer to whom the Consumer Protection Act, 2008 applies and you have entered into a fixed-term agreement, nothing in this clause limits your right under that Act to cancel on twenty (20) business days' notice (which may attract a reasonable cancellation charge) or your other statutory rights when a fixed-term agreement is due to expire.
10. Non-Payment, Suspension and Termination for Non-Payment
If a scheduled charge fails or an amount remains unpaid, we may retry the charge, restrict features, and suspend or downgrade your Company account until outstanding amounts are settled. Continued non-payment may result in suspension of public Cards and links and, ultimately, termination of the account and deletion of associated data. We will make reasonable efforts to notify the Owner before taking such action, but it remains your responsibility to ensure payments succeed.
11. Store Purchases and Refunds
The Service may include a store through which you can purchase physical or digital goods (for example, printed cards or NFC products). Orders are subject to the prices, VAT, shipping charges and availability shown at checkout. All sales are processed through PayFast. Except where required by the Consumer Protection Act, 2008 or other applicable law, fees for services already rendered and completed digital purchases are non-refundable. Refunds, returns and cancellations for physical goods are handled in accordance with our then-current store policies and your statutory rights.
12. Acceptable Use
Your use of the Service must comply with our Acceptable Use Policy. You must not use the Service for any unlawful, fraudulent, infringing, deceptive or harmful purpose, must not send spam or unsolicited communications through links or contact forms, must not impersonate any person or entity, and must not attempt to gain unauthorised access to the Service, other accounts or its underlying systems. We may remove content or suspend access that we reasonably believe violates these Terms or any applicable law.
13. Your Content and Captured Data
You retain ownership of the content you upload to the Service, including profile details, logos, images, custom fields and the design of your Cards. You grant us a non-exclusive, worldwide licence to host, store, reproduce, adapt and display that content solely to the extent necessary to operate and provide the Service (for example, rendering public Cards, generating QR codes and Wallet passes, and serving content from cloud storage).
The Service captures information from visitors to your Cards and links, such as page views, scans, contact-form submissions and reviews, together with associated technical and attribution data. As the Company controlling that data, you are responsible for having a lawful basis to collect it, for providing any notices required to the individuals concerned, and for handling it in compliance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable laws.
14. Intellectual Property
The Service, including its software, design, templates, trademarks and underlying technology, is owned by us or our licensors and is protected by intellectual-property laws. Except for the rights expressly granted to you to use the Service, no rights are transferred to you. You may not copy, modify, reverse engineer, resell or create derivative works of the Service except as permitted by law or by a separate written agreement (such as an authorised Reseller arrangement).
15. Public Cards, Links and QR Codes
Cards, short links and QR codes generated through the Service are intended to be publicly accessible so that they can be shared. You are responsible for the information you choose to make public. We may apply technical safeguards and validation to published content, and we may cache, regenerate or expire links and QR codes as part of operating the Service.
16. Third-Party Services and Custom Domains
The Service relies on, and may interoperate with, third-party services including PayFast (payments), cloud storage and hosting providers, wallet pass providers, mapping and geolocation services, and any integrations you choose to configure. Your use of those services may be subject to their own terms, and we are not responsible for them. If you connect a custom domain, you are responsible for maintaining the relevant DNS configuration and for your rights to use that domain.
17. Data Protection and Our Operator Obligations
Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms. Both parties will comply with the Protection of Personal Information Act, 2013 (POPIA) and other applicable data-protection laws in respect of personal information processed through the Service.
For the personal information that we collect and whose purpose we determine ourselves (for example, your account, Company and billing details), we are the responsible party. For the personal information that your Company captures through its Cards, links, contact forms and review pages (for example, leads, reviewers and visitor analytics), your Company is the responsible party and we act as its operator, processing that information on its behalf. This clause is the written operator mandate that POPIA requires for that processing.
As operator, we will: (a) process that personal information only for the purpose of providing the Service and on your Company's lawful instructions (which these Terms and your use of the Service form part of), unless the law requires otherwise, in which case we will inform your Company unless that law prohibits it; (b) treat the personal information as confidential and ensure that persons we authorise to process it are subject to a duty of confidentiality; (c) secure the integrity and confidentiality of the personal information by taking appropriate, reasonable technical and organisational measures to prevent its loss, damage or unauthorised destruction and unlawful access or processing, as required by section 19 of POPIA; and (d) notify your Company as soon as reasonably possible after we have reasonable grounds to believe that the personal information has been accessed or acquired by an unauthorised person, so that your Company can meet its own obligations under section 22 of POPIA to notify the Information Regulator and affected data subjects.
Your Company authorises us to engage the service providers described in our Privacy Policy (such as hosting, cloud storage, geolocation, email delivery, error monitoring and wallet-pass providers) as sub-operators, on terms consistent with this clause, and we remain responsible for their processing of the personal information. Where personal information is processed outside the Republic of South Africa, we will do so only as permitted by section 72 of POPIA. On termination of these Terms, or on your Company's reasonable written request, we will delete or return the personal information we process on its behalf, except to the extent we are required by law to retain it.
Your Company, as responsible party, remains responsible for having a lawful basis to collect the personal information it captures through the Service, for issuing any notices required to data subjects, and for responding to data-subject requests; we will give your Company reasonable assistance in doing so, taking into account the nature of the processing and the information available to us.
18. Availability, Changes and Beta Features
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Service, perform maintenance, or release features on a trial or beta basis without liability to you. We will use reasonable efforts to give notice of material changes that adversely affect your use of the Service.
19. Your Rights under the Consumer Protection Act
Nothing in these Terms is intended to limit, exclude or waive any right or remedy you have under the Consumer Protection Act, 2008 (CPA) or any other law that applies to you and that may not lawfully be excluded, limited or waived. To the extent the CPA applies to your use of the Service or to a transaction you conclude through it, these Terms must be read subject to the CPA, and any provision that would be unlawful, unfair, unreasonable or unjust under the CPA (including under sections 48 and 51) applies only to the maximum extent the law permits and otherwise does not apply to you.
In particular, and without limiting the above, where the CPA applies: any disclaimer, exclusion, assumption of risk or limitation of liability in these Terms does not apply to a liability that the CPA does not permit us to exclude or limit; you keep your rights in respect of goods or services that are not of good quality, safe, or reasonably suitable for their intended purpose; and you keep your statutory rights to cancel advance reservations, bookings and fixed-term agreements and to receive any refund the CPA requires. Some provisions of the CPA apply only to particular categories of consumer and transaction, so not every provision of the CPA will apply to every user of the Service.
20. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Service will meet your requirements or that any data captured through it will be complete or accurate.
21. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the Service. Our total aggregate liability to you for all claims arising out of or relating to the Service will not exceed the total amount paid by your Company to us for the Service in the three (3) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
22. Indemnity
You agree to indemnify and hold us harmless from any claims, damages, losses and expenses (including reasonable legal fees) arising out of your content, your use of the Service, your breach of these Terms, or your violation of any law or the rights of any third party.
23. Suspension and Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay amounts due, or use the Service in a way that may cause harm or legal exposure to us or others. On termination, your right to use the Service ends, public Cards and links may be deactivated, and we may delete your data after a reasonable period, except where we are required to retain it by law.
24. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
25. Complaints and Dispute Resolution
We would like the chance to put things right before a concern becomes a formal dispute. If you have a complaint about the Service, please first contact us using the details in the footer of this page, setting out the issue and the outcome you are seeking. We will acknowledge your complaint and try in good faith to resolve it within a reasonable time.
If a dispute arises out of or in connection with these Terms or the Service and it is not resolved through our support channel, the parties will first try to resolve it by negotiation between senior representatives and, failing that, may agree to refer it to mediation or arbitration before starting court proceedings. Nothing in this clause prevents either party from applying to a court for urgent or interim relief, or from recovering an undisputed debt.
This clause does not limit any statutory complaint or dispute-resolution route available to you. If you are a consumer, you may also be entitled to refer a dispute to an accredited industry ombud or, where applicable, to the Consumer Goods and Services Ombud, the National Consumer Commission or the National Consumer Tribunal under the Consumer Protection Act, 2008; and you may refer a privacy complaint to the Information Regulator under POPIA.
26. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict-of-laws rules. You consent to the non-exclusive jurisdiction of the South African courts for any dispute arising out of or relating to these Terms or the Service.
27. General
Entire agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy and any plan, order or other written agreement we enter into with you, form the entire agreement between you and us about the Service and replace any earlier understanding or arrangement on that subject.
Assignment and cession. You may not cede, assign, delegate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may cede, assign or delegate our rights and obligations, in whole or in part, including to a member of our group or in connection with a merger, acquisition or sale of assets, provided your rights under these Terms are not materially prejudiced.
Severability. If any provision of these Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions continue in full force.
No waiver. A failure or delay by either party in enforcing any provision of these Terms is not a waiver of that or any other provision, and no waiver is effective unless it is recorded in writing.
No partnership or agency. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between them, and neither party may bind the other or incur any obligation on the other's behalf.
Force majeure. Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent it is caused by events beyond its reasonable control, including natural disasters, fire or flood, power or load-shedding interruptions, failures of telecommunications or internet infrastructure, acts of government or regulators, civil unrest, epidemics, or the failure or interruption of third-party services on which the Service depends.
Electronic communications. You agree that we may communicate with you electronically, including by email, through the dashboard and by posting on our website, and that electronic communications, agreements and records satisfy any legal requirement that a communication be in writing. You consent to receiving our notices, agreements and records in electronic form.
Notices. We may give notice under these Terms by email to the address linked to your account, by a message in the dashboard, or by posting on our website. You must send notices to us using the contact details in the footer of this page. A notice is treated as received when sent, unless the sender knows or ought reasonably to know that it did not reach the recipient.
Survival. Any provision that by its nature is intended to survive termination, including provisions on outstanding fees, intellectual property, data protection, disclaimers, limitation of liability, indemnity, dispute resolution and this General clause, survives termination or expiry of these Terms.
28. Contact
These Terms are entered into by you and Martech (Pty) Ltd t/a TrustKard, whose full legal name, registration number, registered address, email address and website appear in the footer of this page. If you have any questions about these Terms, please contact us using those details or the support channels in your dashboard.