Terms of Service
Last updated: 28 December 2024
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.
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 14-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 14 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
Violation of this policy may result in immediate account termination without refund.
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. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
- Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
- We are not liable for any loss or damage resulting from QR codes not being scanned, redirects failing, or analytics data being inaccurate.
Some jurisdictions do not allow limitation of liability for certain damages. In such cases, the limitations above apply to the fullest extent permitted by law.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability or fitness for a particular purpose
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of analytics data
- Warranties that QR codes will be scannable in all conditions
You use the Service at your own risk and discretion.
10. Indemnification
You agree to indemnify, defend, and hold harmless Allsorts Web Designers and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you create or distribute using the Service.
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 may stop functioning or redirect to a default page; (d) no refunds will be issued for prepaid fees.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.
13. Dispute Resolution
Before initiating any legal action, you agree to first contact us and attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days of receiving your written notice.
If informal resolution fails, disputes shall be resolved through arbitration in accordance with the Arbitration Act of South Africa, unless either party elects to proceed in court for claims within the jurisdiction of small claims courts.
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: