Description of Services
NeoQRcode provides a Software as a Service (SaaS) platform for generating and managing QR codes. The services may include, but are not limited to, QR code creation, analytics, and customization features.
Acceptance of Terms
By accessing or using the NeoQRcode services, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you may not use our services.
Please read these Terms and Conditions and the Privacy Policy carefully before using Our Website or Service.These Terms of Use ("Terms") govern your access and utilization of our websites, services, apps, and products that you purchase or register for on neoqrcode.com (collectively, the "Services”). Alongside these Terms, your engagement with the Services is also subject to our Privacy Policy, the Data Processing Agreement, and the Standard Contractual Clauses for data transfer.
The following terminology applies to these Terms and Conditions("Terms"), Privacy Statement, and Disclaimer Notice and all Agreements: "Client", "You", "Users", "Visitors" and "Your" refer to you, the person who use our websites, services, apps, and products and complies with the Company’s Terms and Conditions and Privacy Policy. "The Company", "Ourselves", "We", "Our", "Service", "Website", "NeoQRCode", "NeoQRcode" and "Us" refer to Our Company. "Party", "Parties", or "Us" refer to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect to the provision of the Company’s stated services, in accordance with and subject to. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same.
The company provides its website neoqrcode.com (referred to as the "Site") and Services to you, subject to your acceptance of these Terms. If you do not comprehend these Terms or do not consent to be bound by them, you are not allowed to access or use our Services. In such a case, you must promptly discontinue accessing or using the Services.
By commencing the use of the Services, you are expressing your agreement to abide by these Terms. Additionally, when you create an Account with us, purchase a paid Account, or access/use any of our services or application program interfaces (the "API"), you explicitly acknowledge and affirm that you have read, comprehended, and accepted the terms outlined in these Terms. If you do not agree to these Terms, you do not have the right to access or use our Services.
These Terms include an arbitration provision and a waiver of class actions. You consent to the resolution of any dispute or disputes between you and us through binding, individual arbitration. Furthermore, you are forfeiting your right to a trial by jury or to participate as a plaintiff or class member in any alleged class action or representative proceeding.
Acknowledgment
Please read these Terms and Conditions (the "Terms") carefully before using Our Website. By accessing or using any part of the Website, You agree to be bound by these Terms. If You do not agree to all the terms and conditions herein, then You may not access the website or use any NeoQRCode Services. You should read, agree, and accept the entire Terms and Conditions prior to Your use of this Website or any of the Services provided by Us. You are hereby expressly barred from accessing the Website or availing the Service unless You agree and accept these Terms and Conditions.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to You, Visitors, Users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent and warrant that You are at least 18 years old or of other legal age, according to Your relevant jurisdiction, and are an individual with the full legal capacity to enter into this User Agreement between You and NeoQRCode.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. By using the Website and further by accepting to avail the services offered by NeoQRCode, You are hereby agreeing to accept and comply with the Terms and Conditions. You should read, agree, and accept the entire Terms of Use prior to Your use of this Website or any of the Services provided by Us. You are hereby expressly barred from accessing the Website or the Service unless You agree and accept these Terms of Use.
These Terms and Conditions outline the rules and regulations for the use of our website.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use NeoQRCode if you do not agree to take all of the terms and conditions stated on this page.
Cookies: We employ the use of cookies. By accessing NeoQRCode, you agree to use cookies in agreement with Our Website's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Privacy Policy
Ensuring the utmost importance of your privacy, we are dedicated to safeguarding your information. Our Privacy Policy details the collection, utilization, and sharing of information, including personal data as defined by GDPR. To gain insights into how we collect, use, share, or process your personal data in connection with the Services, kindly refer to our Privacy Policy. Additionally, please read and review your data protection obligations.
Eligibility
To register an Account or utilize our Services, you must be a minimum of eighteen (18) years old. If you are accepting these Terms on behalf of an organization or entity, you assert that you have the proper authorization to consent to these Terms on behalf of the said organization and legally bind them to these Terms. In such circumstances, the terms "you" and "your" will apply to that organization.
Dispute Resolution
You commit to initially attempting an informal and good-faith resolution of the claim. Customer service is available to assist with the majority of concerns or disputes related to your use of our services. Please reach out to us via email. By agreeing to arbitration, each party waives its right to sue in court or to have a jury trial.
License to Use the ServicesUpon your adherence to these Terms and relevant laws, the Company provides you with a limited license that is non-exclusive, non-sublicensable, revocable, and non-transferable, allowing you to access and utilize the Services. This license permits you to use the Services, but it explicitly prohibits the reproduction, duplication, copying, modification, sale, or any other form of exploitation of any part of the Services without the prior express written consent of the Company. Company reserves all rights not explicitly granted in these Terms.
Your Account ManagementIn order to utilize specific sections of the Services, you must register and establish an account (referred to as "Your Account"). By creating Your Account, you affirm and guarantee that all the information provided regarding Your Account and your utilization of the Services is up-to-date, comprehensive, and accurate. Additionally, you commit to keeping this information current by updating it when necessary. You also assure that you are not assuming the identity of any individual or entity through Your Account, nor are you misleading others about your association with any person or entity. Safeguarding the confidentiality of your Account credentials, including your username and password, is your responsibility. Promptly informing the Company of any unauthorized use of Your Account is a part of this responsibility. If, at our discretion, we suspect a breach in the security of Your Account, we reserve the right to deny access to the Services, deactivate your Account, erase information from the Account (including Content, as defined below), suspend or terminate your privilege to use the Services, or take any other actions we consider necessary. Additionally, if there is no activity on Your Account for a period exceeding 33 days, or if you lack a subscription with us, or if you have solely utilized (part of) our free services, we may close Your Account and/or delete the associated data.
Your ContentNeoQRCode.com and the Services provided may enable you to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials. These may include, but are not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information, collectively referred to as "Your Content." In relation to Your Content, it is imperative to exercise common sense and refrain from posting any content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, or invades the privacy of others (such as doxing). Additionally, content containing commercial solicitations or other forms of "spam" messages, or content that otherwise violates the Prohibited Conduct section below, is strictly prohibited. While we reserve the right to remove Your Content for such violations, we are under no obligation to do so, and reviewing user content is not a standard practice.
When you create, post, or distribute any Content using the Services, you affirm and warrant that:
By utilizing NeoQRcode services, you commit to covering all associated fees. Some of our services may require payment or a purchase fee. You agree to settle all fees ("Fees") linked to your use of the Services, as communicated to you at the time of agreement, such as through the Subscription and checkout process. Ensure the provision of accurate and up-to-date purchase and account details for all transactions. Timely updates of account and payment information, including email address, payment method, and card expiration date, are essential to facilitate transactions and communication. Billing for neoqrcode.com purchases will be conducted through an online billing account, with charges potentially varying based on location and currency.
Payment AuthorizationYou commit to paying all charges or fees at the prevailing rates for your purchases, allowing us to charge your chosen payment provider for such amounts upon purchase. For recurring charges, you consent to automatic billing without requiring prior approval for each recurring charge until cancellation notice is provided.
Pricing Corrections and Order RefusalWe reserve the right to rectify pricing errors or mistakes, even after payment has been requested or received. Additionally, we hold the right to reject any order placed through the Services.
SubscriptionsServices are offered on a subscription basis. Enrolling in one of our subscription plans ("Subscription") will result in billing according to the displayed terms ("Subscription Terms") at the time of enrollment.
Payment TimingSubscription enrollment, you must provide payment information for associated fees. If you choose a Subscription, understand that Fees for additional periods will be charged automatically according to the disclosed frequency, renewing unless canceled before the next payment period. Be attentive to disclosed Fees and Subscription Terms during the Subscription order process. Changes to Subscription Fees may occur at our discretion, with prior notice provided before any fee increase.
Trial MembershipsNew users may be offered a one-time Trial Plan. This plan must be utilized within the specified timeframe.
Changes and CancellationTo modify or cancel your Trial Plan or Subscription, log into your Account and select "Cancel Subscription," or provide your registration email for assistance. Contacting our customer support team at support@neoqrcode.com is an alternative option for cancellation. Ensure changes or cancellations are made at least 3 days before the next billing period to avoid additional charges.
Data ProtectionYou explicitly recognize and consent to the fact that ensuring compliance with prevailing privacy and data protection laws, regulations, and terms pertaining to any personal data you provide for the Service is solely your responsibility. This obligation applies irrespective of your location in any country or state. It encompasses adherence to relevant privacy policies and cookie policies, among other requirements.
We may collect and process personal data regarding you in connection with the Services. Such processing is described in our Privacy Policy.
You explicitly acknowledge and agree that ensuring compliance with all privacy and data protection laws, including, but not limited to, the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Colorado Privacy Act (CoPA), and any other privacy laws that may come into effect from time to time, regulations, and terms applicable to any personal data provided by you for the purposes of the Service, is your responsibility, regardless of the country/state in which you are based. This includes adhering to the terms and restrictions related to your use of customer/contact databases and complying with any applicable privacy policies and cookie policies.
If NeoQRCode processes Personal Data as a processor on your behalf, and applicable law necessitates parties to establish a data processing agreement (DPA) to govern such data processing, the DPA attached to these Terms of Service shall be applicable. In this case, the DPA outlined in Appendix A shall be integrated into this Agreement as an essential part.
NeoQRCode may collect and process Personal Data concerning you, your personnel, and/or other representatives in connection with the Service. Such processing is detailed in NeoQRCode’s Privacy Policy. NeoQRCode may share this information with partners, vendors, and service providers, including, but not limited to, providing research, analytics, support, security, fraud prevention, spam prevention, advertising, and/or email marketing, completing transactions, or ensuring compliance with this Agreement. You provide consent to the collection, use, processing, and sharing of Your Information in accordance with the terms of our privacy policy and applicable laws.
ModificationsIt may be necessary for us to periodically revise these Terms and our Privacy Policy to accurately reflect changes in the law, new regulatory requirements, or enhancements made to our Services. In the event of any modifications to these Terms, we will publish the changes on our Site, update the last update date at the bottom of the Terms, and notify you of the modifications on our Site. Any alterations to these Terms will be effective as of the date of the last update. By continuing to access or use the Services after this date, you are agreeing to be bound by the updated Terms. If you find the modified Terms unacceptable, you must discontinue using the Services. If you do not agree with the updates we implement, please cancel your Account and cease using the Services before the revised Terms take effect. By persisting in the use or access of the Services after the updates are in effect, you are indicating your acceptance of the amended Terms.
Third Party WebsiteNeoQRCode.com and/or the Services may link to and reference the websites and content of third parties (“Third Party Websites”), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content or performance of Third-Party Websites. Company has not reviewed and cannot control all Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through the Third-Party Websites. Company disclaims, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
Intellectual PropertyNeoQRCode, the NeoQRCode logo, the NeoQRCode.com website and domain, any other Company-owned website domain(s), and all content and other materials available through the Services (collectively, the “Company IP”), exclusive of user Content, are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Except as expressly provided in these Terms, neither your use of the Services nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Services will inure to the benefit of Company, and you assign all such goodwill to Company. You shall not at any time challenge Company’s right, title, or interest in, or the validity of, the Company IP.
Customer ServiceCompany has a customer support team to assist with any issues regarding the NeoQRCode.com or the Services. We encourage you to seek resolution of any issues by first contacting customer support. Before commencing any arbitration, users should initially reach out to Company to attempt resolution. Complaints received concerning the Services will be addressed within a reasonable time of receiving the notice.
Term and TerminationThese terms shall commence on the date you have started to use our services and remain in effect until terminated in accordance with this section. Provided, however, that if you purchased a paid account, these terms will continue for the duration of the term selected by you, based on your subscription terms, unless otherwise terminated as permitted herein. If your paid account is set to automatically renew, your account will thereafter automatically renew for additional terms of the same length as initially set by you, or to the extent a shorter or a longer renewal term is required by law. Either party may terminate these terms at any time. Company may also unilaterally and immediately terminate these terms, your account, and your use of the services at any time without notice, including for suspected violation of these terms or any applicable law, or discontinuation of the services. If a user deletes his/hers account, this also counts as termination of the terms with us. Upon termination of these terms, all applicable rights and access granted to you herein will automatically terminate, and you will cease any further use of the services. However, all payment obligations outstanding at the time of termination as well as all sections of these terms which by its nature would survive its termination shall survive the termination of these terms. Users will not receive a (partial) refund or reimbursement of any fees already paid for subscription/s.
IndemnificationIn addition to the indemnity terms, the following indemnification terms apply. To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sub-licensees, successors, and assigns from any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of a) your use of or access to the services, including your account, or b) your violation of these terms or any applicable law.
1. You must be at least eighteen (18) years old to create an Account and use our Services.
2. You acknowledge and agree to read the Terms and Conditions and Privacy Policies of any External Websites, External Services, or Third-party services before accessing them through Our Service.
3. If you do not agree with the Terms and Conditions and Privacy Policies of any External Websites, External Services, or Third-party services provided by the Service, in whole or in part, please cease using the Website and the Service.
4. You acknowledge and agree that the Company is not liable for any issues arising from misperception or miscommunication of information presented on the Website.
5. Data, information, content, or any functionality provided on the Website are presented 'as-is' and 'as-available' at any given time you use our Service or Website.
6. You further acknowledge and agree that NeoQRCode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Parties, External Websites, or External Services provided by Our Service.
7. The Service provided by Us does not provide any warranty, either express or implied, to the Customer.
8. You use Our Service at your own risk and with full disclosure of any of the risk factors, including but not limited to changes in regulatory.
9. We do not guarantee that the access to this Service will not be interrupted or that there will be no problems, issues, delays, failures, errors, omissions, or loss of transmitted information or data.
10. We may suspend the use of the Website for maintenance, and the Service may be unavailable.
11. We offer no warranty of any kind regarding the Website or the Services.
12. The Company does not provide any warranty, either express or implied, to the Customer. We offer no warranty in any form regarding the use of the Website, the Service offered by the Company, the related exchanges listed on the Website, or funds of the User. The Website and the Service are provided by the Company on an "as-is" and "as available" basis.
13. You acknowledge, represent, warrant, and agree that you use our Services at Your discretion and at Your own risk, with no warranties whatsoever from the Company.
14. You acknowledge, represent, warrant, and agree that You must follow the laws of Your country of residence from which NeoQRCode and the offered Service are used.
15. Also, You acknowledge, represent, warrant, and agree that you will not use Our Website, or You will immediately cease using Our Service if any applicable law in your country prohibits or will prohibit you at any time from doing so.
16. It is strictly prohibited to introduce iframes, any links, JavaScript embeds, or other technologies that may introduce cookies, tracking pixels, or violate GDPR or any other applicable laws.
17. Any attempt to incorporate elements that compromise user privacy, breach data protection laws, or violate any other legal regulations is strictly forbidden.
18. Users are expressly prohibited from introducing any content or technologies that may infringe upon the rights of individuals, compromise security, or violate applicable laws.
19. The introduction of any elements that may lead to unauthorized data collection, tracking, or the breach of privacy laws is strictly against the terms of service.
20. Users are responsible for ensuring that any content or technologies introduced on the Website comply with all relevant laws, regulations, and privacy standards.
Unless otherwise stated, Our Website and/or its licensors own the intellectual property rights for all material on NeoQRCode. All intellectual property rights are reserved. You may access this from NeoQRCode for your own personal use subject to restrictions set in these terms and conditions.
Republish material from NeoQRCode Sell, rent, or sub-license material from NeoQRCode Reproduce, duplicate, or copy material from NeoQRCode Redistribute content from NeoQRCode This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
User-Generated Content: Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. NeoQRCode does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of NeoQRCode, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, NeoQRCode shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
NeoQRCode reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant NeoQRCode a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
Government agencies; Search engines; News organizations; Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations. We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Our Website; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Our Website. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or By use of the uniform resource locator being linked to; or By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site. No use of Our Website's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages_ that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
Your Privacy: Please read our Privacy Policy.
We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
To the maximum extent permitted by applicable law, NeoQRCode excludes all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, NeoQRCode will not be liable for any loss or damage of any nature.
In addition to the terms and conditions set forth above, NeoQRCode reserves the right to:
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your access to or use of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NeoQRCode.COM WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00 OR THE AMOUNT YOU PAID TO US IN THE LAST THIRTY DAYS. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICES WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED, (C) THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE WEBSITE AND SERVICES.
Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
NeoQRCode provides the Service on an "AS IS" and "AS AVAILABLE" basis, and as such, we explicitly disclaim, and you waive, all warranties of any kind, whether express or implied. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement concerning our Service, including the information, data, content, and materials it contains. NeoQRCode is not responsible for any actions performed by users on the website utilizing our Service. To the maximum extent permitted by applicable law, NeoQRCode or its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, arising out of or related to the use of or inability to use the Service, Third-party software and/or Third-party hardware used with the Service, or otherwise in connection with any provision of these Terms. This applies even if NeoQRCode or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. To the maximum extent permitted by law, NeoQRCode, its staff, owners, partners, members, employees, agents, officers, or directors shall not be liable for damages of any kind under any legal theory. This includes damages arising out of or in connection with your use or inability to use the Service, the services of any websites linked to it, any content on the Website or such other websites or services. This encompasses direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data, whether caused by tort, including negligence, or otherwise, even if foreseeable. You understand and agree that the foregoing does not affect any liability that cannot be excluded or limited under applicable law. To the maximum extent permitted by law, NeoQRCode, its staff, owners, partners, members, employees, agents, officers, or directors shall not be liable for any damages, liability, or losses arising out of the use of or inability to use our services. This includes damages caused by or resulting from reliance by any user on any information obtained from us or resulting from mistakes, omissions, interruptions, deletion of files, database e-mail, bugs, errors, defects, viruses, issues, delays in operation or transmission, or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction, or unauthorized access to the company data, scripts, database, code, programs, or services, even if NeoQRCode has been advised or is aware of the possibility of such damages. Except as otherwise required by law, NeoQRCode, its staff, owners, partners, members, employees, agents, officers, or directors shall not be liable for any damages of any kind, including without limitation: direct, indirect, special, incidental, consequential, tort damages, or lost profits in connection with User’s use of the Service, even if NeoQRCode has been advised or is aware of the possibility of such damages. Notwithstanding any damages that You might incur, the entire liability of NeoQRCode and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount of 0.01$. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, NeoQRCode, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, NeoQRCode provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither NeoQRCode nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of NeoQRCode are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You acknowledge and agree that You use Our Service at your own risk and with full disclosure of possible wiping out of the entire holding or valuation, in the event of the occurrence of any of the risk factors, including but not limited to changes in regulatory.
NeoQRCode, We, Website, does not offer any express warranties of any kind concerning the supply of the Services. You use our Services at Your discretion, and at Your own risk with no warranties whatsoever from the Company. The Website is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall the Company or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Service or the use or other dealings in the Website.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. Also, upon termination for any reason or no reason, You continue to be bound by these Terms and Conditions. The Company reserve the right that without prior notice, to suspend the Service, change the Service, or stop the Service. We can change, interrupt, suspend, or terminate the Service at any time with or without prior notice.
DMCA NOTICEWe follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). If you believe Content on the Services violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to support@neoqrcode.com. Your Infringement Notice should include all information described below:
A written statement by you that:
You should email your Infringement Notice with the subject line “DMCA Infringement Notice.” We will respond to all compliant Infringement Notices by taking any action required under the DMCA.
Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Services is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.
Infringement Notices are not anonymous. If we act in response to your Infringement Notice—such as by removing the Infringing Content—we will pass on your Infringement Notice to the user to provide an opportunity to respond. Counter notices should be emailed and comply with the DMCA.
Miscellaneous TermsIn the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
FeedbackIf you provide feedback, request features, changes, or tools, or otherwise provide comments relating to the Service or provide suggestions or ideas for improving the Service (“Feedback”), such Feedback will be fully assigned to NeoQRcode without any obligation for separate compensation, and NeoQRcode shall own all rights, title, and interest to the Feedback and may, in its own discretion, elect to incorporate the Feedback into its Services.
NeoQRCode the owner and operator of the www.neoqrcode.com website, maintains a policy of fair and acceptable usage at all times to ensure that our services are not used in a manner that:
This Fair Use Policy applies to all free and paid users of the NeoQRcode.com website, and breaches of this Policy may result in limitations being placed on service modules otherwise described as “unlimited”.
For the purpose of this document, “services” relate to any or all of the following:
Using our services directly or indirectly in connection with:
Should we identify any use of our services that constitutes a breach of this Policy, we may, at our option and discretion, give the user notice to stop the unacceptable use(s), or immediately terminate, suspend, or limit the service delivery or service access for that user with or without notice as we consider appropriate.
We reserve the right to vary the terms of this Fair Use Policy from time to time.
German Personal Use CustomersWiderrufsbelehrung
Diese Widerrufsbelehrung gilt nur für Verbraucher (ausschließlich private Nutzung der NeoQRCode Produkte) und bei Vertragsschluss mit der NeoQRCode.
Widerrufsrecht
Sie haben das Recht, binnen vierzehn Tagen ohne Angaben von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsschlusses.
Sie können das Muster-Widerrufsformular oder eine andere eindeutige Erklärung auch auf unserer Website https://www.neoqrcode.com/ elektronisch ausfüllen und übermitteln.
Machen Sie von dieser Möglichkeit Gebrauch, so werden wir Ihnen unverzüglich (z. B. per E-Mail) eine Bestätigung über den Eingang eines solchen Widerrufs übermitteln.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.
Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben,einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben) einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstige Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrages bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.
Muster-Widerrufsformular
Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.
An
NeoQRCode
support@neoqrcode.com
Name des/der Verbraucher(s)
Anschrift des/der Verbraucher(s)
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
Datum
(*) Unzutreffendes streichen
Hinweis zum vorzeitigen Erlöschen des Widerrufs Wir weisen darauf hin, dass bei Verträgen über die Lieferung von nicht auf einem körperlichen Datenträger befindlichen Daten, die in digitaler Form hergestellt und bereitgestellt werden (digitale Inhalte) Ihr Widerrufsrecht vorzeitig erlischt, wenn Sie ausdrücklich zugestimmt haben, dass NeoQRCode Europe mit der Ausführung des Vertrags vor Ablauf der Widerrufsfrist beginnt, und Ihre Kenntnis davon bestätigt haben, dass Sie durch Ihre Zustimmung mit Beginn der Ausführung des Vertrags Ihr Widerrufsrecht verlieren.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: support@neoqrcode.com
This Data Processing Agreement (“DPA”) forms part of the Terms of Use (“Terms”) between you (“you,” “your,” "Customer", or “user”) and NeoQRCode,NeoQRcode (“Company,” “we,” “our,” or “us”). This DPA reflects the parties’ agreement with regard to the Processing of Personal Data.
All capitalized terms not defined herein will have the meaning set forth in the Terms or under the applicable privacy laws and regulations.
This Data Processing Agreement (DPA) is applicable when Personal Data is processed by us in connection with the provision of our Service. In this context, you assume the role of the data controller, while we serve as the data processor (under the CCPA, you are the business, and we are the service provider).
We process your Personal Data as part of providing the Service, following the specifications and duration outlined in the Terms.
We have no control over the type of Personal Data you upload on NeoQRCode.com during the use of the Service and when providing your QR code content. Consequently, we also have no control over the categories of Data Subjects to whom your Personal Data relates.
We will process Personal Data solely based on your instructions, which include:
You commit to providing lawful instructions only.
If, in our opinion, an instruction violates any provision under the GDPR, we will inform you immediately. We are under no obligation to follow such instruction until the matter is resolved in good faith between the parties.
We will not sell, retain, use, or disclose Personal Data for purposes other than performing the Service or outside the direct business relationship between you and us, except as permitted under applicable legislation.
The parties acknowledge that the Personal Data you disclose to us is provided for a business purpose, and there is no sale of Personal Data to us in connection with the Terms.
You undertake to provide all necessary notices to Data Subjects and obtain required permissions, consents, or lawful grounds of processing for us to process Personal Data on your behalf under the Terms and this DPA, pursuant to applicable legislation.
As required under applicable legislation, you will appropriately document Data Subjects' notices and consents or conduct necessary assessments with other applicable lawful grounds of processing, as and where necessary.
To the extent mandated by law, we commit to providing you with appropriate technical and organizational assistance, to the best of our ability, for meeting your responsibilities in responding to requests for exercising the Data Subjects’ rights under the GDPR. Additionally, we will support you in ensuring compliance with your obligations related to the security of processing, notification of a Personal Data Breach to supervisory authorities and affected Data Subjects, conducting data protection impact assessments, and seeking prior consultation with supervisory authorities, all in connection to our processing of Personal Data under this DPA.
We are committed to restricting access to Personal Data to only those personnel who necessitate such access for the execution of the Terms.
We will ensure that our staff involved in processing Customer Personal Information are made aware of the sensitive nature of such information, are obligated to maintain confidentiality, and have undergone suitable training pertaining to the handling of Personal Information
We reserve the right to involve third-party service providers ("Sub-processors") in the processing of Personal Data on your behalf. By accepting this, you grant us general authorization to engage Sub-processors as necessary.
All Sub-processors have entered into agreements with us that impose substantially the same material obligations as outlined in this Data Processing Agreement (DPA).
The transfer of your Personal Data governed by the GDPR ("EEA Transferred Data") to a Third Country complies with the EU Standard Contractual Clauses ("EU SCCs"), as per the EU Commission Decision C(2021)3972. If processing Customer Personal Information involves transfers from the EEA to Third Countries or any international transfers subject to GDPR to Third Countries, NeoQRCode will adhere to relevant Data Protection Laws, including the use of EU Standard Contractual Clauses when applicable. For transfers from the UK to Third Countries or any international transfers subject to GDPR to UK Third Countries, NeoQRCode will follow Data Protection Laws, including utilizing mechanisms such as the international data transfer addendum to the EU/EEA standard contractual clauses issued by the UK Information Commissioner.
We commit to maintaining technical and organizational measures to safeguard the security, confidentiality, and integrity of your Personal Data. Continuous monitoring ensures compliance with these safeguards. Throughout the term of the agreement, we will not substantially diminish the overall security of the Services.
NeoQRCode follows security incident management protocols and will promptly notify Customer of any Data Security Incident, adhering to applicable Data Protection Laws. NeoQRCode will make reasonable efforts to identify and remediate the incident within its control. NeoQRCode incurs no liability for incident-related costs. Customer is responsible for notifying Data Subjects and/or Supervisory Authorities in the event of an incident. Prior to notification, Customer will consult with NeoQRCode, providing an opportunity for input. Your liability for a breach is limited to instances resulting from our information security violations, excluding factors beyond our control or caused by you or third parties.
Upon Customer’s written request NeoQRCode shall make available to Customer all reasonably required information. Any information NeoQRCode and/or NeoQRCode Affiliates makes available to Customer, Customer’s affiliates or any of Customer’s representatives shall be subject to the confidentiality obligations set forth in the Agreement.
After the Service provision concludes, we commit to returning your Personal Data or deleting it, including de-identification, within a reasonable timeframe.
You acknowledge that we may retain copies of your Personal Data for routine backup, archiving, and legal compliance purposes. This includes retaining data to meet legal requirements and to protect us and affiliated parties in legal proceedings.
We reserve the right to disclose Personal Data: (a) in response to a subpoena, judicial, or administrative order, or as required by law; or (b) if deemed necessary to protect the safety and rights of individuals or the general public.
The parties commit to regular communication for addressing open issues or process problems. In the event of a dispute related to this DPA, the parties will make good-faith efforts to resolve it through direct communications and subsequent negotiation between executives with settlement authority. If a dispute persists, either party may provide written notice to the other party, initiating a resolution process. The receiving party will promptly respond in writing, stating their position and supporting arguments. Executives from both parties may engage in discussions to resolve the dispute, with all negotiations treated as confidential compromise and settlement discussions. Reasonable requests for information will be honored throughout this process.
This DPA will start on the later of its execution date or the effective date of the related Terms and will remain in effect until the expiration or termination of the Terms.
Any alteration or modification of this DPA is not valid unless made in writing and executed by duly authorized personnel of both parties. The invalidation of one or more provisions under this DPA will not affect the remaining provisions. Invalid provisions will be replaced, to the extent possible, by valid provisions that achieve essentially the same objectives.
This Schedule 1 provides specific details regarding the Processing of Client Personal Information, as mandated by Article 28(3) GDPR and the UK GDPR.
The subject matter and duration of the Processing of Customer Personal Information are outlined in the Agreement and this DPA.
NeoQRCode will process personal information as necessary to perform the Services per the Agreement and this DPA.
Customer may submit personal information to the Services, determined and controlled by Customer, including but not limited to first and last names, email, title, contact information, IP address, and unique identifiers.
Persons whose Personal Information is provided by Customer to NeoQRCode or its Affiliates, and end users who interact with a link or QR code.
The obligations and rights of Client and Client Affiliates are detailed in the Agreement and this DPA.
