Terms of Service

Please read these terms carefully before using QRCOD3

Last Updated: December 23, 2024
Effective Date: December 23, 2024

1. Acceptance of Terms

Welcome to QRCOD3, operated by Customer ID Solutions ("QRCOD3," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Customer ID Solutions.

By accessing, browsing, or using the QRCOD3 website (qrcod3.com), API, mobile applications, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE TERMS.

2. Definitions

3. Service Description

QRCOD3 provides QR code generation, management, and analytics services. Our Service includes:

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

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must create an Account. You agree to:

4.2 Eligibility

You must be at least 18 years old to create an Account. By creating an Account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4.3 Business Accounts

If you register on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

4.4 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to immediately notify us of any unauthorized use of your Account. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

5. Acceptable Use Policy

5.1 Prohibited Uses

You agree NOT to use the Service to:

5.2 API Usage Restrictions

If you use our API, you additionally agree to:

5.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates this Acceptable Use Policy, including removing Content, suspending or terminating Accounts, and reporting violations to law enforcement authorities.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to software, text, displays, images, video, audio, design, selection and arrangement, and the QRCOD3 name and logo) are owned by Customer ID Solutions, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes in accordance with these Terms. All rights not expressly granted are reserved by Customer ID Solutions.

6.2 QR Codes You Create

You retain ownership of the QR codes you generate using the Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your QR codes and associated data solely for the purpose of providing the Service to you.

6.3 Trademarks

QRCOD3 and all related logos are trademarks or registered trademarks of Customer ID Solutions. You may not use these marks without our prior written permission.

7. User Content and Data

7.1 Your Content

You are solely responsible for all Content you create, upload, or transmit through the Service. You represent and warrant that:

7.2 Content Monitoring

We reserve the right, but not the obligation, to monitor, review, or remove any Content at our sole discretion, without notice, for any reason, including violation of these Terms or applicable law.

7.3 Data Retention

We will retain your QR codes and analytics data in accordance with our Privacy Policy. Upon termination of your Account, we may delete your data within 90 days unless otherwise required by law.

8. Payment Terms

8.1 Subscription Plans

QRCOD3 offers the following subscription plans:

8.2 Payment Processing

All payments are processed through third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred.

8.3 Billing

8.4 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current subscription period but will apply upon renewal. We will provide at least 30 days' notice of any price increases.

8.5 Taxes

You are responsible for all applicable federal, state, and local sales, use, and excise taxes. If we are required to collect or pay taxes, such amounts will be charged to you.

8.6 Failed Payments

If a payment fails, we may suspend or terminate your Account. You remain responsible for all amounts owed.

9. Subscription and Cancellation

9.1 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees.

9.2 Cancellation

You may cancel your subscription at any time through your Account settings or by contacting us at support@qrcod3.com. Cancellations take effect at the end of your current billing period.

IMPORTANT: We do not provide refunds for partial subscription periods. If you cancel, you will retain access to paid features until the end of your current billing period.

9.3 Downgrading

If you downgrade from a paid plan to a lower-tier plan or the free plan, the change will take effect at the end of your current billing period. You may lose access to premium features and any QR codes exceeding your new plan's limits may be deactivated.

10. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at qrcod3.com/privacy to understand how we collect, use, and protect your information.

By using the Service, you consent to our collection and use of your data as described in the Privacy Policy.

11. Disclaimers and Warranties

11.1 "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Warranty of Accuracy or Reliability

We do not warrant that:

11.3 Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or content. We have no control over and assume no responsibility for such third-party services. Your use of third-party services is at your own risk.

11.4 California Civil Code ยง 1542 Waiver

You expressly waive any rights under California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUSTOMER ID SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES 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, RESULTING FROM:
  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
  • ANY CONTENT OBTAINED FROM THE SERVICE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • FAILURE OR MALFUNCTION OF QR CODES GENERATED THROUGH THE SERVICE
  • LOSS OF BUSINESS, REVENUE, OR PROFITS
  • BUSINESS INTERRUPTION
  • LOSS OF DATA OR INFORMATION

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

12.2 Essential Purpose

The limitations in this section shall apply even if any limited remedy fails of its essential purpose.

12.3 State-Specific Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Customer ID Solutions, its officers, directors, employees, agents, affiliates, and third-party service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from:

This indemnification obligation will survive the termination of these Terms and your use of the Service.

14. California-Specific Provisions

14.1 California Consumer Rights

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

14.2 California Automatic Renewal Law

Pursuant to California Business and Professions Code Section 17602, we provide the following disclosures for California residents:

14.3 Shine the Light Law

California Civil Code Section 1798.83 permits California residents to request information regarding disclosure of personal information to third parties for direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@qrcod3.com and attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days before proceeding to arbitration or litigation.

15.2 Binding Arbitration

YOU AND CUSTOMER ID SOLUTIONS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT:
  • You may assert claims in small claims court if your claims qualify
  • Either party may seek equitable relief in court for infringement of intellectual property rights

15.3 Arbitration Rules

The arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures, as modified by these Terms. The arbitration will be conducted in Los Angeles County, California, or remotely via videoconference.

15.4 No Class Actions

YOU AND CUSTOMER ID SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Costs and Fees

Each party will be responsible for its own arbitration costs and attorney's fees, except that if you prevail on a claim that affords attorney's fees, the arbitrator may award reasonable attorney's fees to you.

15.6 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@qrcod3.com with the subject line "Arbitration Opt-Out." Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

15.7 Severability

If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration provision shall be void.

16. Termination

16.1 Termination by You

You may terminate your Account at any time by contacting us at support@qrcod3.com or through your Account settings.

16.2 Termination by Us

We reserve the right to suspend or terminate your Account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

16.3 Effect of Termination

Upon termination:

17. General Provisions

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

17.2 Venue

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

17.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

17.4 Entire Agreement

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

17.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.6 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.7 Assignment

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

17.8 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.9 Export Control

The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations.

17.10 Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include notices about your Account, information concerning or related to the Service, marketing and promotional communications about QRCOD3 and our family of brands, product updates, special offers, and newsletters. You may opt-out of marketing communications at any time by following the unsubscribe link in any marketing email or by contacting us at support@qrcod3.com. You agree that any notices, agreements, disclosures, or other communications that we send electronically will satisfy any legal communication requirements.

17.11 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Customer ID Solutions.

18. Contact Information

For questions about these Terms or the Service, please contact us:

Customer ID Solutions - QRCOD3
9903 Santa Monica Blvd, Suite 366
Beverly Hills, CA 90212

Email: support@qrcod3.com
Legal: legal@qrcod3.com
Phone: 310-362-1085

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.