Note: This document is intended for publication at https://epasscard.com/terms-and-conditions/. It is drafted in line with U.S. commercial legal standards for a U.S.-registered operator and includes compliance obligations for business activity in the European Union (including GDPR where applicable). It should be reviewed by qualified legal counsel before use.
EpassCard LLC, with its principal business address at 1209 MOUNTAIN ROAD PL NE, STE R, ALBUQUERQUE, NM 87110, United States (here in after referred to as “EpassCard”, “we”, or “us”), operates an online wallet and digital pass platform on the Internet under the URLs www.epasscard.com, app.epasscard.com, and related services (including api.epasscard.com).
Business customers may use the platform to configure, issue, verify, and manage digital wallet passes (including for Apple Wallet and Google Wallet)—such as digital tickets, coupons, vouchers, loyalty cards, membership cards, and business cards (vCards)—and to make them available to their end customers on smartphones, including through pass creation and hosted landing pages provided by EpassCard.
The customer is enabled to use the software stored and running on EpassCard servers or servers of service providers commissioned by EpassCard via an Internet connection during the term of the contract for its own business purposes and to store and process its data with the help of the software, subject to these General Terms and Conditions and the governing law stated in Section 14.
1.1. The use of the online portal and related services offered by EpassCard is subject exclusively to these General Terms and Conditions (“GTC”) in the version valid at the time of registration or, for existing customers, at the time the amended GTC take effect. The GTC can be read online at any time at https://epasscard.com/terms-and-conditions/.
1.2. Individual contractual agreements (including enterprise or custom agreements) take precedence over these GTC. General terms and conditions of the customer shall not apply, regardless of whether EpassCard expressly objects to them.
1.3. These GTC shall also apply to contracts concluded with customers from countries other than the United States, including customers operating in the European Union.
1.4. The offer of EpassCard is directed exclusively at businesses. Businesses within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or self-employed professional activity. In the following they are referred to as “customers”.
1.5. To use Apple Wallet passes to the full extent, possession of a valid Apple Developer account (https://developer.apple.com/) and the creation of the corresponding certificates and Pass Type IDs may be required. The customer is responsible for obtaining and maintaining such accounts and credentials.
1.6. To use Google Wallet passes to the full extent, compliance with Google Wallet API and Google developer program requirements may be required. The customer is responsible for obtaining and maintaining any Google issuer credentials required for its use case.
2.1. To use the EpassCard platform for the creation and management of wallet passes, the conclusion of a usage contract between the customer and EpassCard is a prerequisite. Registration is completed by submitting the online application form on the EpassCard website or application.
2.2. Registration may only be made by businesses within the meaning of Section 1.4 and only in the customer’s own name or on behalf of an organization the customer is authorized to represent. There is no right to registration; EpassCard may refuse registration at its reasonable discretion.
2.3. The customer may register for a free tier and/or paid subscription plans as offered on the platform from time to time.
2.4. The data requested during registration must be complete and correct. The customer is solely responsible for the completeness and correctness of this information.
2.5. By submitting the sign-up form and confirming registration (including by clicking buttons such as “Register”, “Create account”, or “Complete registration”), the customer makes a binding offer to conclude a contract regarding the use of the platform for the selected plan and scope (e.g., number of passes or users). The contract comes into effect when EpassCard accepts the registration, which may include email verification of the registered address. Until acceptance, EpassCard is not obliged to provide paid or extended services.
2.6. If and to the extent that the customer provides one or more users with personal data (e.g., personalized email addresses) during registration or account administration in order to obtain the desired number of licenses or seats, the customer expressly agrees to conclude the Data Processing Agreement in accordance with Art. 28 para. 3 of the EU General Data Protection Regulation (GDPR), where applicable. The Data Processing Agreement is made available upon registration and in the customer account area and becomes part of the contractual relationship upon acceptance by the customer or authorized user.
2.7. “User” means any natural person entitled to use the software in accordance with these GTC. Unless otherwise agreed, only persons who are in an employment, work, or agency relationship with the customer at the time the contract is concluded may be users. Direct or indirect use by other persons is not permitted. The customer assures that it has obligated every user to comply with these GTC and releases EpassCard from all claims in this respect.
2.8. Changing plans / additional options. After registration, the customer may upgrade, downgrade, or order additional chargeable options (where offered) through account or billing settings. A binding modification takes effect when confirmed by EpassCard in accordance with the flow presented in the application (which may include payment confirmation for paid changes).
2.9. Contract-related confirmations may be sent by email. The customer should retain registration and plan confirmation emails for its records.
3.1. Subject to the selected plan and technical availability, EpassCard provides the following core services, among others:
3.2. Pricing plans differ in limits such as the maximum number of active passes, templates, users, API usage, or feature entitlements. Current prices and limits are displayed at registration and in the customer account or at https://epasscard.com/pricing/. An active pass generally means a pass instance installed or saved on an end user’s device or otherwise counted as active under the plan definition in effect at the time.
3.3. EpassCard may apply fair-use limits, rate limits, or storage limits as described in the plan or documentation. If the customer exceeds applicable limits, EpassCard may notify the customer and offer a plan upgrade; continued excess use after notice may result in suspension of new issuances or other remedial measures.
3.4. The customer may order additional chargeable options where offered in account settings.
3.5. Created passes may be distributed by the customer to end users by email, landing page, QR code, API, or other supported channels. The customer is responsible for lawful distribution and for obtaining any consents required from end users.
3.6. EpassCard may improve, modify, or discontinue features with reasonable notice where practicable. Beta or preview features may be provided “as is” without service-level commitments.
4.1. The prices quoted are net prices excluding value-added tax (VAT). Applicable VAT and other statutory levies shall be added and borne by the customer where required by law.
4.2. Paid subscriptions are billed in advance on a monthly or yearly basis (or as otherwise selected) according to the plan displayed at the time of purchase. Payment is made via the payment methods shown in the billing interface (e.g., card or other payment providers). Invoices may be issued electronically.
4.3. Failure to pay amounts when due may result in suspension of paid features after reasonable notice. EpassCard may charge default interest only where permitted by applicable law.
4.4. No refunds. All fees paid to EpassCard (including subscription fees, plan upgrades, and add-on charges) are final and non-refundable, except where a refund is strictly required by mandatory applicable law (including mandatory consumer or commercial law in the customer’s jurisdiction). Cancellation of a subscription stops future billing but does not entitle the customer to a refund for the current or any prior billing period.
5.1. EpassCard makes reasonable efforts to ensure reliable service but does not guarantee uninterrupted availability. Functional interruptions may occur due to maintenance, overload, third-party wallet platform outages, or technical faults. EpassCard endeavours to restore functionality promptly.
5.2. EpassCard is entitled to take individual services or the platform offline in whole or in part where necessary for maintenance, security, or repair, provided such measures are reasonable for the customer.
5.3. EpassCard may monitor aggregate system performance and security. EpassCard does not routinely review customer pass content except as necessary for support, security, legal compliance, or enforcement of these GTC.
6.1. During registration, the customer must specify a password for the customer account in addition to the e-mail address. The customer must ensure that credentials (in particular the password and API keys) cannot be accessed by third parties. In particular, the customer is prohibited from making credentials available to third parties without the prior written consent of EpassCard. For security on the Internet, the customer should change passwords at regular intervals and enable available security features (e.g., two-step verification) where offered.
6.2. The customer is obliged to inform EpassCard immediately about any misuse of password or customer account and any other breach of security regulations. The customer is liable to EpassCard for misuse of the customer account caused or permitted by the customer.
6.3. The customer is obliged not to use the EpassCard platform for purposes other than those described in Section 3.
6.4. The customer is obliged to use the services only in such a way that it does not violate any rights of third parties, personal rights of others, or other laws and regulations. In particular, the customer must observe the regulations in Section 7 below.
6.5. The customer is obliged to implement appropriate technical and organizational measures (TOMs) as required under the GDPR and applicable national data protection law, taking into account the nature, scope, context, and purposes of processing as well as the risks to the rights and freedoms of natural persons.
6.6. The customer is responsible for the accuracy of pass data (balances, expiry, redemption rules, barcodes) and for configuring redeem, top-up, and related transaction behaviour correctly. EpassCard is not liable for losses caused by customer misconfiguration.
7.1. The customer is informed that, as the sender of marketing communications and as the operator of a landing page or verification page, it must observe applicable legal regulations, including U.S. advertising and anti-spam laws (including, where applicable, the CAN-SPAM Act) and any mandatory local laws in jurisdictions where the customer operates, including in the EU.
7.2. Furthermore, the customer is expressly informed that content published in wallet passes, on landing pages, or on verification pages must not violate applicable law, official orders, or public policy. In particular, the customer may not use EpassCard to: store, publish, and/or transmit data, texts, images, videos, files, links, software, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable under relevant legal provisions, or that may cause damage in any way, in particular pornographic content, content glorifying violence, or content endangering minors; store, publish, and/or transmit content that infringes the rights of third parties, in particular patents, trademarks, copyrights or related rights, trade secrets, privacy rights, publicity rights, personality rights, or property rights; store, publish, and/or transmit content containing software viruses or other information, files, or programs intended to interrupt, destroy, or restrict the functioning of computer software, hardware, or telecommunications equipment; store, publish, and/or transmit content the customer is not authorized to distribute; impersonate another person, falsify data, or otherwise manipulate identifiers to disguise the origin of content; store, publish, and/or transmit unsolicited advertising, promotional material, junk or mass e-mails (“spam”), chain letters, pyramid schemes, or similar advertising in violation of law; violate national, U.S. federal/state, EU, or other international laws in connection with the use of EpassCard; harass, insult, threaten, defame, distress, or embarrass any natural or legal person or company; claim or disseminate false facts relating to any person or company; or collect, store, or transmit personal data about other users without their consent or other valid legal basis.
7.3. Furthermore, the customer is expressly advised that it must comply with Apple’s and Google’s terms and conditions for developers and wallet programmes. In particular, the customer must ensure that required contact information (e.g., e-mail and telephone number) is displayed on wallet passes where mandated by those platforms.
7.4. Where the customer enables password-protected or restricted template verification, the customer is responsible for distributing access credentials securely.
7.5. Should the customer violate applicable law through a created wallet pass and/or through content on a landing page or verification page, EpassCard is entitled to withdraw the issued licence, block the corresponding wallet passes and/or pages, and take measures under Section 9.
7.6. Responsibility for all content published by the customer within wallet passes and via landing pages lies exclusively and without restriction with the customer.
7.7. EpassCard does not control content posted by the customer and therefore does not guarantee the correctness, appropriateness, or quality of such content. EpassCard stores and publishes content entered by the customer only during the duration of the contractual relationship. After termination of the contract, data will be deleted in accordance with the Privacy Policy and applicable retention obligations.
7.8. If there is justified suspicion of a violation of these regulations, in particular Section 7.2, EpassCard has the right to terminate the customer account and/or block the affected content in accordance with Section 9.
The customer indemnifies, defends, and holds harmless EpassCard LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to the customer’s violation of third-party rights, use of the platform, content, or breach of these GTC.
9.1. Unless otherwise agreed for a specific plan (e.g., yearly billing), the usage contract is initially concluded for a period of one (1) month. It is extended by a further month automatically unless terminated by either party two (2) weeks before the end of the respective contract period. Yearly or other prepaid plans run for the selected term and renew as stated at purchase unless cancelled in accordance with the billing interface.
9.2. Cancellation by the customer is possible via the account cancellation function in the customer account (e.g., under account or customer settings) and subsequent confirmation, or by written notice to EpassCard. Cancellation by EpassCard is effected by e-mail to the e-mail address provided by the customer.
9.3. EpassCard reserves the right to delete information from the system, revoke access, reject registration, or temporarily block access in whole or in part if the customer uses the platform unlawfully or violates these GTC, in particular the obligations in Sections 6 and 7. The customer will be informed by e-mail of withdrawal of access, rejection of registration, or blocking where practicable. In case of violation of applicable laws, EpassCard is entitled to pass on relevant information to the responsible authorities.
9.4. Upon termination, the customer’s right to use the software ends. EpassCard may delete customer data after applicable retention periods, subject to legal hold requirements.
9.5. Provisions that by nature should survive (including indemnity, liability limits, and governing law) survive termination.
10.1. The created digital passes remain the property of EpassCard until complete payment has been received.
10.2. Upon assertion of retention of title, the customer’s right to reuse or distribute the created wallet passes in breach of payment obligations expires. EpassCard may disable issuance, updates, or verification for affected passes after reasonable notice.
11.1. EpassCard holds the rights to the database and the contents of the website and platform created by EpassCard. With the exception of content entered by the customer, all copyrights, trademark rights, and other intellectual property rights to the database, content, data, and other elements—unless otherwise identified—are exclusively vested in EpassCard LLC. This shall not affect any rights of the customer to content posted by the customer.
11.2. EpassCard grants the customer and/or its users a simple, non-transferable right for the duration of the contract to use the offerings available on the platform in accordance with this contract and the selected plan.
11.3. The customer grants EpassCard a limited licence to host, process, transmit, and display customer content solely to provide the services and as described in the Privacy Policy
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPASSCARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EPASSCARD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE GTC OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID (OR PAYABLE) BY THE CUSTOMER TO EPASSCARD FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3. The exclusions and limitations in this Section 12 do not apply to liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or death/personal injury where such limitation is prohibited by law.
12.4. Nothing in these GTC excludes mandatory statutory product-liability rights under applicable law.
12.5. Insofar as EpassCard provides wallet passes or other services involving third-party providers, EpassCard assumes no liability for functions or services nor for the content of third-party providers. To display wallet passes, the end user normally uses apps or services from third parties (e.g., Apple Wallet, Google Wallet). EpassCard strives to ensure the functionality of wallet passes within these apps but no guarantee can be given. The customer expressly uses apps or other third-party services at its own risk and releases EpassCard from any related liability. A separate contract is concluded with the third party; these GTC apply only to the contract with EpassCard.
12.6. Verification, redeem, top-up, and related transaction operations depend on customer configuration, device connectivity, and scanner behaviour. EpassCard does not guarantee that every verification or transaction attempt will succeed in all circumstances.
13.1. Personal data provided by the customer within the scope of registration shall only be collected, stored, processed, and used by EpassCard insofar as this is necessary for the fulfilment of contractual obligations, in particular for the provision and use of the services offered and for billing purposes, or the customer has given explicit consent.
13.2. EpassCard commits to comply with applicable data protection laws, including, where applicable, the EU General Data Protection Regulation (GDPR) and other relevant EU or national data protection laws, as well as applicable U.S. privacy laws. The Privacy Policy of EpassCard, available at https://epasscard.com/privacy-policy/, applies regarding data protection measures.
13.3. With regard to data stored by the customer on the provided storage space, the customer is responsible for compliance with applicable data protection laws in relevant jurisdictions (including GDPR where applicable). If and to the extent that the customer processes personal data of third parties on IT systems for which EpassCard is technically responsible, it is exclusively the customer’s responsibility to ensure a lawful basis for processing (e.g., consent or other legal basis under applicable law). Where required, the parties shall enter into a Data Processing Agreement (including GDPR Art. 28 terms, where applicable). If the customer processes personal data of third parties using the services offered by EpassCard, the customer undertakes to inform EpassCard and to execute the required DPA made available by EpassCard.
13.4. Use of the EpassScan mobile application may involve additional processing described in the EpassScan Privacy Policy at https://epasscard.com/epassscan-privacy-policy/.
14.1. Amendments and supplements to these contractual conditions must be in writing (including electronic form where legally permissible). This also applies in particular to any waiver of this requirement.
14.2. Should individual provisions of these contractual conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace invalid provisions by provisions that come closest to the economic intention of the invalid provision in a legally permissible manner. The same applies to gaps in the agreement.
14.3. EpassCard reserves the right to change the terms of this contract from time to time where reasonable. EpassCard will inform the customer about material changes in a timely manner. Continued use of the services after the effective date of updated terms constitutes acceptance, to the extent permitted by applicable law.
14.4. Unless otherwise agreed, the customer may send declarations to EpassCard by e-mail, using the contact form on https://epasscard.com/contact-us/, or by letter to EpassCard LLC at the address stated in the preamble. EpassCard may send declarations to the customer or user by e-mail or letter to the address provided as current contact information in the user account.
14.5. These GTC and all disputes arising out of or related to these GTC or the services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to conflict-of-law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
14.6. The parties agree that the state or federal courts located in Bernalillo County, New Mexico, USA shall have exclusive jurisdiction and venue for disputes arising from or related to these GTC or the services, except where mandatory law provides otherwise.
14.7. The contractual language is English.
Valid as of: June 2026
Operator: EpassCard LLC
Principal business address: 1209 MOUNTAIN ROAD PL NE, STE R, ALBUQUERQUE, NM 87110, United States
Governing law: State of New Mexico, USA (Section 14.5)
Website: https://epasscard.com
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