QR Builder Pro, Inc. and its affiliated entities, collectively referred to as "QR Builder Pro," "we," or "our," offer various products and services, including URL shortening, custom-branded links, link management, link-in-bio, QR code, and analytics services (collectively known as the "QR Builder Pro Services"). Please carefully review these Terms of Service (referred to as the "Agreement"), as they control your access to and utilization of the QR Builder Pro Services. This Agreement forms a legally binding contract between you and QR Builder Pro. If you agree to this Agreement or use the QR Builder Pro Services on behalf of a company or another legal entity, you confirm that you possess the authority to bind that entity to this Agreement. In such circumstances, references to "you," "your," or "Customer" will apply to that entity. If you have been granted access to and use of the QR Builder Pro Services by the primary account holder, either directly or through an administrator, you also commit to complying with this Agreement. Beyond this Agreement, your usage of the QR Builder Pro Services is subject to the QR Builder Pro Privacy Policy, the QR Builder Pro Acceptable Use Policy, and QR Builder Pro's DMCA Copyright Policy.

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A QR Builder Pro ACCOUNT ("ACCOUNT"), PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING THE QR Builder Pro SERVICES AND APPLICATION PROGRAM INTERFACES ("API"), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE QR Builder Pro ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE QR Builder Pro SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN SECTION 12.1 BELOW. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. SCOPE & MODIFICATIONS

1.1 Modifications

QR Builder Pro reserves the right, at its sole discretion, to make alterations or substitutions to this Agreement whenever deemed necessary. Should we implement any modifications, we will post them on our website and update the "Last Updated" date at the top of the Terms of Use. Additionally, we may notify you of these changes within the QR Builder Pro platform. Any changes to this Agreement will become effective as of the "Last Updated" Date at the top of this page. By continuing to access or use the QR Builder Pro Services after this date, you indicate your agreement to be bound by the updated Agreement. You are responsible for periodically reviewing this Agreement for changes, and your use of the QR Builder Pro Services following any modification to this Agreement signifies your acceptance of those changes. If you find the modified Agreement unacceptable, your only course of action is to discontinue your use of the QR Builder Pro Services.

1.2 Service Changes

QR Builder Pro retains the right to add, remove, suspend, discontinue, alter, or update the QR Builder Pro Services at its discretion, and this may occur at any time. Following the effective date of such a change, QR Builder Pro shall have no obligation to maintain, offer, or support previous versions of any affected QR Builder Pro Services.

1.3 Customer Support

QR Builder Pro provides a help center for all users. Further details about additional support services can be found in the help center, which is accessible through the platform.

2. PAID ACCOUNTS

2.1 Fees

QR Builder Pro offers fee-based QR Builder Pro Services that grant additional features and functionality. By signing up for a paid account, you agree to pay QR Builder Pro all relevant fees corresponding to your chosen tier of QR Builder Pro Services. Fees are generally non-refundable, except as mandated by law or as explicitly permitted in this Agreement.

2.2 Subscription Period

Paid account plans will be billed at the rate specified at the time of your initial purchase, on a recurring basis that aligns with your subscription term until cancellation. Fees are subject to adjustment, and QR Builder Pro will notify you of any pricing modifications prior to processing your next recurring charge. You have the option to cancel your paid account subscription at any time; however, unless required by law, no refunds or credits will be issued for early terminations or non-usage of the QR Builder Pro Services. QR Builder Pro reserves the right to modify, change, amend, or terminate your subscription benefits at its discretion.

2.3 Payment

Payment intervals will adhere to your selection, and if not explicitly stated, payments will be due immediately. By providing a saved payment method ("Payment Method") in your account, you expressly acknowledge and authorize QR Builder Pro (or our third-party online payment processor) to charge you on a recurring basis corresponding to the term of your subscription, unless you cancel your paid account subscription. You are accountable for all fees charged to your Payment Method. It is your responsibility to update your payment information as needed in response to any changes made to the offered Payment Method by QR Builder Pro. Failure to pay Fees or Renewal Fees when due may result in the termination, cancellation, or suspension of Services, and unpaid Fees may accrue a finance charge of one percent (1.5%) per month (equivalent to 18% per annum), or the maximum rate permitted by law, whichever is lower. QR Builder Pro may also recover its collection expenses, including reasonable attorney's fees. To clarify, QR Builder Pro may periodically charge your selected subscription term without the need for further authorization from you until you explicitly cancel your subscription services or inform QR Builder Pro of a change in your payment method information.

2.4 Taxes

Fees do not include taxes, duties, levies, tariffs, or other governmental charges ("Taxes"), and you are responsible for all Taxes resulting from this Agreement or your use of the QR Builder Pro Services. QR Builder Pro will invoice you for Taxes when required by applicable law, and you agree to make payments according to the terms of the invoice. If you are obligated by law to withhold any Taxes from amounts payable under this Agreement, you will promptly deduct and remit the required amounts on behalf of QR Builder Pro to the relevant tax authority. Additionally, you agree to provide QR Builder Pro with any necessary documents (including, but not limited to, tax receipts from the applicable tax authority) for QR Builder Pro to claim and receive a foreign tax credit equal to the amount withheld by you.

3. USE OF SERVICES

 

3.1 Use of QR Builder Pro Services

 

You are granted the right to access and utilize QR Builder Pro Services as outlined in this Agreement, provided that you adhere to the stipulated terms and pay all applicable Fees. This access is non-exclusive and non-transferable. It's essential to note that you agree not to use QR Builder Pro Services for competitive purposes or if you are a direct competitor of QR Builder Pro.

 

3.2 Access Credentials

 

QR Builder Pro will furnish you with access credentials for QR Builder Pro Services, and it is crucial that you do not share these credentials or exceed the user limitations of your selected service tier. Additionally, you must not: (i) misrepresent or conceal identities while using QR Builder Pro Services or when requesting access credentials; (ii) choose or use a username or custom domain that infringes upon the rights of any person, entity, or third party without proper authorization; (iii) select or use offensive, vulgar, obscene, or inappropriate usernames or custom domains; or (iv) exceed the access limits established by QR Builder Pro. Ensuring the confidentiality and security of provided access credentials is your responsibility. If you represent a corporate entity, certain additional responsibilities apply, including compliance with laws, user seat limitations, and accountability for the actions of your Personnel. QR Builder Pro may also modify the means of accessing QR Builder Pro Services at its discretion.

 

3.3 Compliance Monitoring

 

QR Builder Pro reserves the right to monitor your use of QR Builder Pro Services to confirm compliance with this Agreement and our Acceptable Use Policy. If QR Builder Pro identifies any usage of QR Builder Pro Services that appears to violate this Agreement or our policy, QR Builder Pro may take actions such as removing or disabling linked content, codes, or other QR Builder Pro Services suspected of violations. In cases where QR Builder Pro believes, in good faith, that your QR Builder Pro account's security has been compromised or that your QR Builder Pro account is being used for unlawful or policy-violating purposes, QR Builder Pro may suspend your use of QR Builder Pro Services without prior notice. QR Builder Pro also retains the right to suspend your access to the Services or terminate this Agreement without notice in the event of a violation.

4. YOUR SERVICES AND CONTENT

4.1 Your Service

QR Builder Pro holds no liability for any products, content, or services ("Your Services") accessed through or utilizing QR Builder Pro Services, or for the actions of end users or the customers, employees, officers, directors, agents, contractors, consultants, affiliates, or other representatives of you or your affiliates. You must not imply any partnership, sponsorship, or endorsement of Your Services by QR Builder Pro. You are also prohibited from suggesting that QR Builder Pro is the author or responsible for the content or views associated with Your Services. QR Builder Pro Services must not be used in connection with Prohibited Content (as defined in Section 5) or any activities that could lead to harm, liability, or damage, or that adversely affect QR Builder Pro.

4.2 Your Content

You grant QR Builder Pro an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter, or modify all URLs and other information provided by you to QR Builder Pro ("Customer Content"). This license is for the purpose of operating and promoting QR Builder Pro Services and for other business purposes, including those involving QR Builder Pro's group companies.

4.2.1

You are solely responsible for the content you upload, transmit, or share through QR Builder Pro Service ("Customer Content"). You may only upload, transmit, or share Customer Content that you have created or have permission to use. QR Builder Pro does not claim ownership of Customer Content or its associated intellectual property rights. QR Builder Pro's collection, use, and sharing of personal information received from you or third parties, including social media networks, are governed by QR Builder Pro's Privacy Policy.

4.2.2

As detailed in our Privacy Policy and in accordance with applicable law, if you register a QR Builder Pro Account using an email address associated with an organization's domain, such as your employer, we may share your email address and Account information with our sales team and the business, including our group companies, for purposes such as exploring the interest in creating or managing an enterprise account or providing information on other services that may be of interest to you.

5. INTELLECTUAL PROPERTY

5.1 Ownership

With the exception of Your Content and Your Services, you acknowledge that QR Builder Pro is the sole owner of all rights, title, and interest related to QR Builder Pro Services and associated intellectual property, including but not limited to documentation, source code, tools, scripts, processes, inventions, know-how, concepts, formatting, copyrights, patents, trade secrets, and other intellectual property ("QR Builder Pro Materials"). This Agreement does not transfer ownership of any QR Builder Pro Materials, except for the limited license rights expressly granted herein.

5.2 Feedback

Any feedback, feature requests, suggestions, or ideas you provide regarding QR Builder Pro Services ("Feedback") will be fully assigned to QR Builder Pro without separate compensation obligations. QR Builder Pro will own all rights, title, and interest in the Feedback and may choose to incorporate it into QR Builder Pro Services.

5.3 General Restrictions

You and your Personnel must adhere to various restrictions, including refraining from creating competing services, reverse engineering QR Builder Pro Services, or engaging in unauthorized access or usage. Violating these restrictions may result in the revocation of granted rights. QR Builder Pro may seek injunctive relief to prevent breaches of obligations without having to demonstrate irreparable harm or posting a bond.

5.4 Technical Restrictions

You must not exceed specified API call limits or engage in unauthorized access or usage that circumvents these limitations. QR Builder Pro may monitor your use of QR Builder Pro Services to ensure compliance with this Agreement.

6. TERM AND TERMINATION

6.1 Term

This Agreement becomes effective on the date you accept it by creating an account or purchasing a paid service tier ("Effective Date") and will remain in effect until terminated as outlined in this section. If you have purchased a paid account, the agreement will continue for the duration of the Term you selected, unless terminated as permitted herein (referred to as the "Initial Term"). If your paid account is set to automatically renew, it will automatically renew for additional terms of the same length as the Initial Term, or, if required by law, the maximum renewal term permitted by law (referred to as "Renewal Term"), unless you cancel your subscription before the next billing cycle as per Section 6.2 below. The term "Term" includes both the Initial Term and any Renewal Term(s).

6.2 Right to Terminate

During the Term, you may terminate this Agreement at any time in accordance with Section 2 above. However, you will not receive a refund or reimbursement of any fees paid for the then-current billing cycle or any prior billing cycles. Upon expiration or termination of this Agreement, all rights and access granted to you under this Agreement will automatically terminate. You and your Personnel must cease any further use of QR Builder Pro Services and return, or if directed by QR Builder Pro, destroy all Confidential Information (defined below) of QR Builder Pro. Any section of this Agreement that, by its nature, would survive such expiration or termination will continue to apply.

 

6.3 Termination Rights for Personal Use Customers in Germany (Consumers)

Please refer to section 14 for details specific to Personal Use customers in Germany who are considered consumers.

7. CONFIDENTIALITY

7.1 Confidential Information

Both parties understand that the other party may disclose business, technical, or financial information related to its business, referred to as "Confidential Information." QR Builder Pro's Confidential Information includes non-public information regarding the features, functionality, and performance of the Service, as well as all pages and materials on the QR Builder Pro website accessible only after logging in. Your Confidential Information is limited to non-public data provided by you to QR Builder Pro in writing to enable the provision of the Services. Both parties agree to:

(i) Take reasonable precautions to protect such Confidential Information.

(ii) Not use or disclose such Confidential Information to any third party except as necessary to perform the Services or as otherwise permitted in this Agreement.

The Disclosing Party acknowledges that these obligations will not apply to information:

(a) That becomes generally available to the public after five (5) years from the date of disclosure.

(b) That was already in the Receiving Party's possession or known to it before receiving it from the Disclosing Party.

(c) That was disclosed to it without restrictions by a third party.

(d) That was independently developed without using any proprietary information of the Disclosing Party.

(e) That must be disclosed by law.

The parties agree that a breach of this Section 7 may cause irreparable harm to the Disclosing Party. Therefore, the Disclosing Party is entitled, in addition to any other available remedies at law or in equity, to seek injunctive relief to prevent such a breach (or threatened breach) without having to post a bond.