Terms Of Use (SAAS PLATFORM)

Please carefully read the following Terms and Conditions. The following text outlines the terms of use for all QRSimple products, services, websites, and apps.

1. Acceptance of Terms

The contract below outlines QRSimple’s terms of service (“the Agreement”). By using QRSimple’s products and services (“the Services”) you agree and acknowledge that you have read and accepted this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users who have used the services for free.

2. Amendments

QRSimple reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, QRSimple will notify you by posting an announcement on the QRSimple website. What constitutes a material change will be determined at QRSimple’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.

3. Privacy Policy and Data Protection

The customer acknowledges that it is necessary for QRSimple to collect, process, and use customer data in order to process orders and purchases, manage VAT, and for the QRSimple website to function correctly.

4. Account Responsibilities

Customers are required to create a registered account to use our Service, ensuring secure access and management of their content. Users, on the other hand, are only required to download the app and do not need to create a registered account.

5. Theme Licensing

Subject to Your compliance with the Agreement, QRSimple grants to you a limited, worldwide, non-exclusive, non-transferable (except as permitted in the Agreement) license to use the Subscription Services as described on an applicable Order Form and Documentation during the Term solely for Your own internal business purposes.

6. Use of Services

6.1 User Content and Conduct: QRSimple allows customers to upload, post, and manage pictures, audio files, and textual content related to their company's catalog through the Service. Users are permitted to view and read these contents but are prohibited from copying, modifying, or using them for any commercial purposes.

6.2 Intellectual Property Rights: The ownership of the data, including pictures, audio, and text uploaded by the customers, remains with the customer. Users are granted the right to use these materials solely for personal, non-commercial purposes.

7. Service Provision

7.1 Terms of Service: QRSimple is providing this service on an “as is, as available” basis without representation or warranty of any kind. QRSimple does not guarantee the continuous availability of the service or of any specific feature(s) of the service. QRSimple will inform you of any significant changes to the service it may occasionally make.

7.2 Service Changes and Discontinuation: QRSimple reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. This may include altering features, offering new services, or discontinuing existing services. Users will be notified of significant changes to the service to ensure transparency and continuity.

7.3 Software Updates: Updates are included for free.

7.4 Support Services: Support is given via email during the subscription period.

8. Financial Terms

8.1 Pricing: QRSimple reserves the right, at any time, to modify or discontinue, temporarily or permanently, support or any of our products with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.

8.2 Refund Policy: We firmly believe in and stand behind our products 100%, but we understand that they cannot work perfectly for everyone all of the time. For this reason, we provide a free version of our services to test the products before buying them. So generally no refund is available. But if you have an issue that we are unable to resolve which makes the system unusable we are open to considering a possible refund.
Refunds will be offered at our sole discretion. By purchasing from our site, you agree to this refund policy and relinquish any rights to subject it to any questions, judgment, or legal actions. We are not liable to cover any differences in exchange rates between the time you purchased and the time you are refunded.

9. Legal Provisions

9.1 Warranty: QRSimple makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services. QRSimple does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.

9.2 Limitation of Liability: In no event shall QRSimple be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of QRSimple, for all damages, losses, and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to QRSimple in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of a claim.

9.3 Release and Indemnity: You hereby expressly and irrevocably release and forever discharge QRSimple, including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless QRSimple, including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.

9.4 Customer Protection Against User Claims:

9.4.1 Protection from End User Claims: QRSimple acknowledges that its services may be utilized by entities, which in turn offer these services to their end users as part of their offerings. QRSimple agrees to extend the protections under the Limitation of Liability and Release and Indemnity clauses to its customers, herein referred to as "Protected Entities," against any and all claims, demands, or actions brought by end users of the Protected Entities arising directly or indirectly from the use, unavailability, interruption, or limitation of the Services provided by QRSimple.

9.4.2 No Liability for Protected Entities: Protected Entities shall not be liable for any claims, damages, losses, liabilities, costs, or demands, including reasonable attorneys' fees, made by any third party due to or arising out of the failure or unavailability of the Services provided by QRSimple, including but not limited to, any direct, indirect, incidental, punitive, special, or consequential damages, whether based in contract, tort (including negligence), strict liability, or otherwise.

9.4.3 Indemnification of Protected Entities: QRSimple agrees to indemnify, defend, and hold harmless the Protected Entities from and against any and all losses, damages, expenses, and costs, including reasonable attorneys' fees, resulting from any claim, suit, action, or demand made by any third party or end user arising out of or relating to the unavailability or interruption of the Services, or the failure of QRSimple to provide the Services as agreed. This indemnification obligation covers claims resulting from the use of the Services by the Protected Entities' end users, including but not limited to, claims for refunds, rebates, or compensation sought by end users due to service interruptions or failures.

9.4.4 Effort to Resolve Disputes: QRSimple commits to making all reasonable efforts to resolve disputes arising from service disruptions or failures promptly and to maintain open and transparent communication with its Protected Entities regarding any such issues to minimize the impact on the end users and the Protected Entities.

10. Dispute Resolution, Governing Law, and General Provisions

This section outlines the approach to resolving disputes, identifies the governing law for the agreement, and addresses general provisions applicable to the use of QRSimple’s services.

10.1 Dispute Resolution: Any disputes arising from or related to these Terms of Use shall be resolved through binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement to arbitrate is intended to be broadly interpreted.

10.2 Governing Law: The governing law for these Terms of Use shall be the laws of the State of California, United States, without regard to its conflict of law provisions.

10.3 General Provisions: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the original intent and economic effect of the Terms as originally drafted. These Terms are governed by and construed in accordance with the laws of the USA, and QRSimple and the Customer submit to the non-exclusive jurisdiction of the California Courts for the resolution of any dispute.

11. Feedback and Suggestions

QRSimple welcomes and encourages feedback and suggestions for improvements to the Services. By submitting feedback, you agree that QRSimple is free to use, share, and commercialize the feedback in any way and for any purpose without compensation to you. You grant QRSimple a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide in any way.

12. Licensing

Licenses are valid based on the subscription period.

13. Termination

Customers may terminate their service agreement with QRSimple at any time. However, it is important to note that there will be no reimbursement for any period of the service that has not been used.

14. Contact Information

QRSimple welcomes your questions or comments regarding the Terms of Use. If you believe that QRSimple has not adhered to these terms, please contact us at:

QRSimple Inc.

1091 Jennifer Circle

Vista, California 92083

Email Address: info[AT]qrsimple.com

Effective as of March 01, 2024

Terms Of Use (APP)

Please carefully read the following Terms and Conditions. These terms apply to the use of the QRSimple App, which is made available to users who are not required to register or make any payment.

1. Acceptance of Terms

By downloading and using the QRSimple App, you acknowledge that you have read and agree to be bound by these Terms of Use. The contract below outlines QRSimple’s terms of service (“the Agreement”). By using QRSimple’s products and services (“the Services”) you agree and acknowledge that you have read and accepted this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services, including users who have used the services for free.

2. Privacy Policy and Data Protection

The user understands that for the optimal functioning of the QRSimple App, it is essential for us to gather, process, and utilize data related to user behavior and device specifics. This data collection supports not only the seamless operation of our services but also enhances user experience and service personalization.

3. Use of Services

3.1 User Content and Conduct: Users are permitted to view and read these contents but are prohibited from copying, modifying, or using them for any commercial purposes.

3.2 Intellectual Property Rights: All content made available through the App is owned by QRSimple customers or their licensors. Users are granted a non-exclusive right to use this content for personal use.

4. Service Provision

4.1 Terms of Service: QRSimple is providing this service on an “as is, as available” basis without representation or warranty of any kind. QRSimple does not guarantee the continuous availability of the service or of any specific feature(s) of the service. QRSimple will inform you of any significant changes to the service it may occasionally make.

4.2 Service Changes and Discontinuation: QRSimple reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. This may include altering features, offering new services, or discontinuing existing services. Users will be notified of significant changes to the service to ensure transparency and continuity.

4.3 Software Updates: Updates to the App will be provided for free to improve functionality and security.

5. Legal Provisions

5.1 Warranty: QRSimple makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services. QRSimple does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.

5.2 Limitation of Liability: In no event shall QRSimple be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the services for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of QRSimple, for all damages, losses, and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to QRSimple in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of a claim.

5.3 Release and Indemnity: You hereby expressly and irrevocably release and forever discharge QRSimple, including the company’s directors, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless QRSimple, including the company’s directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.

5.4 Customer Protection Against User Claims:

5.4.1 Protection for Our Business Customers: QRSimple recognizes that our services are often used by businesses and organizations (hereafter referred to as "Customers") to provide added value to their own end users. In light of this, QRSimple is committed to extending the protections outlined in our Limitation of Liability and Release and Indemnity sections to our Customers against any claims or disputes initiated by their end users that may arise from the use, or lack thereof, of the QRSimple App. This includes any issues related to service interruptions, limitations, or unavailability.

5.4.2 No Customer Liability: Our Customers will not be held accountable for any claims, losses, damages, or legal costs that arise from third-party complaints concerning the performance or availability of the QRSimple App. This policy covers a wide range of potential damages including, but not limited to, direct, indirect, and punitive damages that may be sought by end users or other third parties.

5.4.3 Indemnification of Customers: Should any claims, legal actions, or demands be brought against our Customers by third parties or end users due to service issues or failures on our part, QRSimple will take responsibility. We will indemnify, defend, and hold our Customers harmless from any such claims, including covering all related legal fees and expenses. This indemnity covers requests for refunds, rebates, or any form of compensation that might be claimed by end users as a result of disruptions or failures in our service.

5.4.4 Commitment to Dispute Resolution: QRSimple pledges to actively and promptly address any disputes or issues that might arise from the use of our services, ensuring minimal impact on both our Customers and their end users. We are dedicated to maintaining clear, open lines of communication with our Customers throughout any dispute resolution process.

6. Dispute Resolution, Governing Law, and General Provisions

This section outlines the approach to resolving disputes, identifies the governing law for the agreement, and addresses general provisions applicable to the use of QRSimple’s services.

6.1 Dispute Resolution: Any disputes arising from or related to these Terms of Use shall be resolved through binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement to arbitrate is intended to be broadly interpreted.

6.2 Governing Law: The governing law for these Terms of Use shall be the laws of the State of California, United States, without regard to its conflict of law provisions.

6.3 General Provisions: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the original intent and economic effect of the Terms as originally drafted. These Terms are governed by and construed in accordance with the laws of the USA, and QRSimple and the Customer submit to the non-exclusive jurisdiction of the California Courts for the resolution of any dispute.