Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Allsorts Web Designers, trading as QR Code Pro ("Company," "we," "us," or "our"), governing your access to and use of the QR Code Pro platform, including our website, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

You must be at least 18 years of age to use this Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

QR Code Pro provides a platform for creating, managing, and tracking QR codes. Our Service includes:

• Dynamic and static QR code generation
• AI-powered QR code design tools
• Real-time scan analytics and tracking
• Link management and redirection services
• API access for developers
• Team collaboration features

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Responsibility

We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

4. Subscription and Payment Terms

4.1 Trial and Paid Plans

We offer a limited 14-day trial and paid subscription plans. Trial access is subject to usage limits and time limits. Paid plans provide additional features, higher limits, and priority support.

Dynamic QR codes, branded redirect links, and related analytics remain available only while your account is active and in good standing. If payment is not received, or if your account is suspended or terminated, existing QR codes may stop resolving to your destination and may instead stop working or display a default page.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Price Changes

We may modify our prices at any time. Price changes will be communicated at least 30 days in advance and will apply to the next billing cycle after the notice period.

4.4 Refund Policy

We offer a 3-day money-back guarantee for new paid subscriptions. After this period, fees are non-refundable. To request a refund within the guarantee period, contact our support team.

4.5 Failed Payments

If payment fails, we will attempt to collect payment for up to 3 days. During this period, your access may be restricted. If payment remains unsuccessful, your account may be downgraded to a limited trial-level state or suspended.

5. Acceptable Use Policy

You agree not to use the Service to:

5.1 Prohibited Content

• Distribute malware, viruses, or any harmful code
• Create QR codes linking to illegal, fraudulent, or phishing content
• Display pornographic, obscene, or sexually explicit material
• Promote violence, terrorism, or hate speech
• Infringe intellectual property rights of others
• Distribute spam or unsolicited commercial content
• Collect personal information without consent

5.2 Prohibited Activities

• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Use automated means to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Impersonate another person or entity
• Violate any applicable laws or regulations

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its design, features, and content created by us, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain ownership of content you create using our Service. By using our Service, you grant us a non-exclusive, worldwide, royalty-free license to store, display, and process your content as necessary to provide the Service.

6.3 Feedback

If you provide feedback, suggestions, or ideas about our Service, you grant us the right to use such feedback without restriction or compensation.

7. Service Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Technical failures or third-party service outages
• Force majeure events

We may modify the Service at any time to improve functionality, address security issues, or comply with legal requirements.

8. Data Protection and POPIA Compliance

8.1 Lawful Basis for Data Processing

You consent to the collection, processing, and storage of your Personal Information as defined in the Protection of Personal Information Act, 2013 (POPIA) for the following purposes:

• Provision of QR code generation and management services
• Payment processing and billing
• Service improvement, analytics, and fraud prevention
• Legal, regulatory, and compliance obligations

8.2 Your Data Subject Rights (POPIA §23)

Under POPIA, you have the right to:

• Request access to your Personal Information
• Correct inaccurate or incomplete information
• Object to processing in limited circumstances
• Lodge complaints with the Information Commissioner (popia.icta.org.za)

To exercise these rights, contact us at [email protected] with reasonable identity verification.

8.3 Data Retention

Personal Information is retained for the active service period plus 12 months post-termination (regulatory requirement). Tax and accounting records are retained for 7 years as required by law. Upon request, we will securely delete your data subject to legal retention obligations.

8A. Non-Transferability of QR Codes and Digital Assets

8A.1 Limited License Grant

We grant you a non-exclusive, non-transferable, revocable license to create, generate, manage, download, display, and print QR codes for lawful business purposes. This license is personal to you, depends on an active account in good standing, and does not transfer upon account sale, business transfer, or death.

8A.2 QR Codes Are Non-Transferable

QR codes and digital assets are not transferable. You may not:

• Sell, gift, license, or transfer QR code accounts or digital assets to any third party
• Permit sublicensing or commercial resale of generated QR codes
• Transfer account ownership without our prior written approval

Upon account termination or expiration, all licenses immediately revoke. You must cease use of all QR codes and delete all downloaded files within 30 days.

8A.3 Intellectual Property Rights

You retain ownership of the data encoded within QR codes you create. We retain ownership of the QR Code Pro platform, algorithms, design templates, analytics, and all metadata. Derivative works (QR codes with custom logos or colors) remain subject to this non-transferability restriction.

8B. Data Breach Liability and Security Measures

8B.1 Security Standards

We implement industry-standard security controls to protect your data, including:

• Encryption in transit for public web traffic (HTTPS/TLS)
• Authentication, access controls, and account security checks for protected areas
• Security logging, webhook verification, and operational monitoring for critical payment and platform events
• Rate limiting and bot-filtering protections on applicable API and protected routes
• Security hardening and periodic review of infrastructure and application configuration

Security controls evolve over time as threats and standards change. Specific tools, algorithms, and implementation details may vary by environment and provider.

8B.2 Limitation on Data Breach Liability

In the event of a confirmed data breach caused by our ordinary negligence (but not gross negligence or willful misconduct), our total liability shall be limited to the lesser of:

• Actual damages directly and foreseeably caused by the breach; OR
• The fees you paid us in the 12 months preceding the breach

We shall not be liable for indirect, consequential, or punitive damages arising from data breaches, including lost profits, reputational harm, or third-party claims.

This limitation does not apply to claims arising from our gross negligence, willful misconduct, fraud, or breach of your fundamental rights.

8B.3 Data Breach Notification

In the event of a confirmed Personal Information breach, we will notify affected data subjects within 14 days (if reasonably necessary) and the Information Commissioner within 14 days. We will provide technical details of the breach, mitigation measures, and bear reasonable remediation costs.

8C. Service Availability and Downtime Credits

8C.1 Uptime Target

We target 99.5% monthly uptime, excluding planned maintenance. Scheduled maintenance occurs on Sundays 02:00–04:00 SAST (with 48-hour advance notice). Emergency maintenance may occur with minimal notice.

8C.2 Downtime Credits

In the event of unscheduled downtime, your sole remedy is a proportional service credit (1% of monthly subscription fee per hour of downtime). Credits must be claimed within 30 days.

8C.3 Exclusions from Liability

We shall not be liable for downtime or service failures caused by: (a) third-party hosting provider outages; (b) telecom, ISP, DNS, or payment gateway disruptions; (c) DDoS attacks or cyber incidents (if we have implemented industry-standard DDoS mitigation); (d) force majeure events; or (e) your actions, omissions, or negligence.

8D. Limitation of Liability

8D.1 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, WE PROVIDE THE SERVICE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, including:

• Fitness for a particular purpose or merchantability
• Uninterrupted, error-free, or secure service availability
• Accuracy or reliability of analytics data
• That QR codes will be scannable in all conditions or devices
• Non-infringement of third-party intellectual property rights

8D.2 Cap on Total Liability

Except as provided in Section 8D.3, our total aggregate liability to you for any claim arising from or related to the Service shall not exceed the lesser of:

• The total fees you paid us in the 12 months preceding the claim; OR
• R50,000 (fifty thousand rand)

8D.3 Excluded Liabilities (Not Subject to Cap)

The following remain subject to full liability (not capped under Section 8D.2):

• Claims arising from our gross negligence, willful misconduct, or fraud
• Death or personal injury
• Statutory penalties imposed under POPIA, CPA, or other legislation
• Breaches of your fundamental consumer rights under the Consumer Protection Act, 2008

8D.4 Exclusion of Consequential Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of revenue, loss of business opportunity, loss of data (except where caused by our gross negligence), reputational harm, or third-party claims—even if we have been advised of the possibility of such damages.

8D.5 Miscommunication and External Communication Failures

You acknowledge that service communications may rely on third-party channels (including email, SMS, domain/DNS providers, hosting networks, payment processors, and browser/platform infrastructure). We do not guarantee delivery, timing, or accuracy of communications routed through third-party systems.

To the fullest extent permitted by law, we are not liable for losses arising from miscommunication, delayed communication, non-delivery of notices, misunderstood instructions, configuration mistakes, or operational breakdowns outside our reasonable control, including where messages are filtered, blocked, delayed, or altered by third-party services.

You remain responsible for maintaining accurate contact details, monitoring your account and billing dashboards, verifying critical configuration changes (including domains and redirects), and seeking written clarification where instructions are unclear.

9. Consumer Protection Act (CPA) Compliance

9.1 Consumer Rights Preserved

Your rights under the Consumer Protection Act, 2008 (CPA) are preserved and cannot be waived by these Terms. You have the right to:

• Receive goods/services of good quality (CPA §55)
• Safety and durability of services (CPA §56)
• Plain language in contracts (CPA §22)
• Cancellation within 5 business days for distance/online sales (CPA §16)
• Refund if service is not delivered as promised (CPA §11)
• Protection against unfair, fraudulent, or misleading conduct (CPA §34, §42)

9.2 Cancellation and Refund Rights

5-Day Cancellation Right (CPA §16): If you purchased this service via distance sale (online), you may cancel within 5 business days without penalty by emailing [email protected]. We will refund all subscription fees within 10 business days. Non-refundable items include usage-based charges, custom support, and data recovery services.

Refund Conditions: Refunds apply only if you have not substantially used the service (>20% of features tested). If the service was already delivered, refunds may be prorated. Note: Payment gateway fees are non-recoverable.

9.3 Service Failure Remedies

If we fail to deliver the service as promised, you may: (a) demand specific performance (repair or redelivery within 10 business days); or (b) if repair fails, terminate and claim a full refund. Claims must be submitted within 6 months of discovery of the breach.

10. Indemnification

10.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Allsorts Web Designers, QR Code Pro, and their officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms or applicable law
• QR codes you create that infringe third-party intellectual property or privacy rights
• Your data or content that violates third-party rights or is illegal
• Your unlawful use (e.g., facilitating fraud, phishing, malware, harassment, or deception)
• Your breach of these Terms or our Acceptable Use Policy

10.2 Our Indemnification Obligation

We shall indemnify, defend, and hold you harmless from any third-party claims that the QR Code Pro platform infringes your intellectual property rights, subject to:

• You providing prompt notice of the claim
• We controlling the defense and settlement
• You providing reasonable cooperation

10.3 Indemnification Procedures

The indemnified party must notify the indemnifying party within 14 days of any claim. The indemnifying party controls defense and settlement with indemnified party approval. Settlement requires written consent from both parties.

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, your access to the Service will cease, and your data will be deleted in accordance with our Privacy Policy.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Create security risks or burden our systems

11.3 Effect of Termination

Upon termination: (a) all licenses granted to you terminate; (b) you must cease using the Service; (c) QR codes, branded redirect links, and related dynamic destinations may stop functioning or redirect to a default page; (d) once an account is suspended or terminated, printed dynamic QR codes that depend on our service are no longer usable as active campaign links; (e) no refunds will be issued for prepaid fees.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa, without regard to conflicts-of-law principles or any jurisdiction's choice-of-law rules.

By using the Service, you submit to the exclusive jurisdiction of the South African courts. You further consent to the personal jurisdiction and venue of such courts for resolution of any disputes.

These Terms are subject to: (a) the Protection of Personal Information Act, 2013 (POPIA); (b) the Consumer Protection Act, 2008 (CPA); (c) the National Credit Act, 2005 (if applicable); and (d) the Electronic Communications and Transactions Act, 2002 (ECTA).

13. Dispute Resolution

13.1 Negotiation

Any dispute arising from these Terms or your use of the Service shall first be subject to good-faith negotiation between authorized representatives. Negotiations are without prejudice and must commence within 30 days of written notice.

13.2 Arbitration (Binding & Final)

If negotiation fails within 30 days, disputes shall be resolved by binding arbitration under PACA Rules (Procedural Arbitration Court of Africa) with one arbitrator (or three if the claim exceeds R250,000). The seat of arbitration is Johannesburg, South Africa. Language is English. The Arbitration Award is final and enforceable in any competent court.

13.3 Injunctive Relief

Either party may apply to a South African court for injunctive relief if urgent or irreparable harm is threatened, without waiving the right to arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or prominent notice on our platform at least 30 days before they take effect.

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

16. Contact Information

For questions about these Terms of Service: