Preamble

QR Code Creator, with the head office at Chugureti district, Saint Petersburg str. 1, Floor 4, Office 48, Tbilisi, Georgia, develops, operates, and provides a variety of services in the areas among which are the creation, design, management, optimization, scanning, and analysis of QR Codes, vCards, (mobile) websites, and the relevant tools and advisory services for its customers (hereinafter referred to as "User" or "Users"). QR Code Creator offers these services at https://www.qr-code-creator.comQR Code Creator reserves the right to add additional domains in the foreseeable future. With these General Terms and Conditions (hereinafter referred to as "T&C"), QR Code Creator aims to establish a transparent business relationship with the User, while also protecting itself from any malicious use. By accepting the Terms and Conditions, you also consent to our Privacy Policy in the version in effect at the time the Agreement was executed. Which is available here:qr-code-creator.com/privacy-policy
The terms and conditions go into effect on: 17.10.2022

1. Scope of this Agreement

Scope of the Agreement is the use of the corresponding specifically agreed service, as outlined in the respective specific service sections, provided by QR Code Creator to the User for a fee or at no cost.

These T&C govern any contractual relationships between QR Code Creator and the User (hereinafter referred to as "Agreement") that are referenced in the T&C. This is true regardless of whether the making of declarations, the logging in, the registration, the conclusion of the contract, the provision of services, or the receipt of services occurs in Georgia or elsewhere.

2. Conclusion of the Agreement

The presentation of services on www.qr-code-creator.comdoes not constitute a legally binding offer by QR Code Creator, but rather a non-binding invitation to the User to submit an offer. In the respective specific service sections, the processes and technical steps that lead to a User's legally binding offer will be explained.

An explicit confirmation by the User that the User has read and accepted the T&C and - in the case of a consumer (i.e. private, non-commercial) User - the revocation instructions are required prior to the submission of the respective legally binding offer by the User. Before submitting a binding offer or registering by clicking the corresponding button, the User can review and correct any incorrect information.

Upon the User's submission of a binding offer or registration, QR Code Creator immediately sends an email to the User's provided email address. This email serves as a receipt confirmation but does not constitute acceptance of the offer unless explicitly stated as such by QR Code Creator. The User is responsible for ensuring that the e-mail address provided is accurate and that e-mails sent by QR Code Creator will be received and not blocked or otherwise.

A contract is not formed until the QR Code Creator accepts the User's offer with an acceptance declaration. QR Code Creator accepts the User's offer within one (1) week by explicit acceptance, at least in text form, an order confirmation via e-mail sent to the User by QR Code Creator, by the provision of services, or by commencing the provision of contractual services, in the case of continuous obligations or if the services are contractually agreed to be provided in two or more parts.

3. Services

3.1 General

The services of QR Code Creator may be used for both personal and business purposes unless it is expressly stated within each service that only private or commercial use is permitted. QR Code Creator's objective is to provide Users with uninterrupted service availability and error-free functionality. Nevertheless, QR Code Creator may limit or completely shut down services and/or systems during off-peak hours for maintenance or performance optimization. In addition, QR Code Creator reserves the right to terminate all services with advance notice.

3.2 Account / Profile

You may create and use an account in accordance with the Acceptable Use Policy as a registered User. The use of pseudonyms, nicknames, or professional names in place of given names and surnames, as well as multiple registrations, is prohibited unless the QR Code Creator grants written consent.

The User agrees to provide complete and accurate information upon registration and throughout the duration of the relationship, as well as to keep this information up-to-date at all times.

The User must not reveal any account information, including the password, to any third party. The User is solely accountable for maintaining the account's secrecy and security, as well as for all activities that occur through or in connection with it. In the event of any suspected security breach or account misuse, the User shall immediately notify QR Code Creator in writing.

QR Code Creator is not liable for any losses or damages resulting from unauthorized account use. This explicitly accounts for information stored within the account as well as any potentially damaging misuse of a compromised account, such as the exchange of links to specific codes or similar activities.

3.3 QR Code, vCards, and (mobile) website tools and advisory services

QR Code Creator provides services in the areas of creation, design, management, optimization, scanning, and analysis of QR Codes, vCards, and (mobile) websites, as well as the tools and advisory services associated with these areas.

QR Code Creator's specific contractual services are derived from the respective specific descriptions within each service section. The same applies to the scope of services, the duration of service, the user's payment obligations, and other specific service conditions.

QR Code Creator's services rely heavily on the availability of third parties, such as the global internet and mobile communications infrastructure, data centers, telephone lines, mobile communications systems, domains, applications, and so on. The User is aware that these factors are beyond the control and responsibility of QR Code Creator and acknowledges that, as a result, QR Code Creator services may be wholly or partially (e.g., single services or only for specific Users), permanently or temporarily, discontinued, restricted, blocked, or modified, as required.

QR Code Creator utilizes programs that enable inferences about user usage and behavior. This information improves security, optimizes QR Code Creator's services, and is handled confidentially in accordance with the QR Code Creator Privacy Policy's data protection provisions and regulations.

Certain QR Code Creator services enable the User to upload, submit, store, send, receive, or share the content of their choosing. There is no requirement to provide any content. If the User chooses to upload or share content, they are responsible for ensuring that they have the necessary rights and that the content is lawful. QR Code Creator reserves the right to modify these guidelines at any time.

3.4 Tools/features undergoing testing

QR Code Creator may release tools, features, or the like (henceforth "Test Services") that are still in the testing or evaluation phase. These Test Services will be clearly labeled as such, using terms such as "test," "evaluation," "alpha," "beta," and "preview," among others. These Test Services might not be as trustworthy as other QR Code Creator services. QR Code Creator makes these Test Services available to Users in order to gather feedback on the user-friendliness and general functionality of the Services in order to enhance them. User-friendliness can be assessed through statistical assessments, in all cases without individual human verification. Beta Services are confidential until their official launch.

3.5 Other Services

QR Code Creator is continually developing new services that could be added to the services sections. The User may be notified of such services, for instance via a pop-up within the User's account. To obtain these services, the terms outlined in Section 2 of these Terms and Conditions regarding the Conclusion of an Agreement apply. To the extent required by law, the User's consent will be obtained in this regard.

3.6 Refusal of Guarantee

QR Code Creator makes every effort to deliver its services, but we cannot guarantee certain aspects. To the maximum extent permitted by law, QR Code Creator makes no express or implied warranties regarding the services. We disclaim any warranty claims of merchantability, fitness for a particular purpose, and non-infringement, and the services are provided "as is." This paragraph's disclaimers may not apply to you, as they are prohibited in some jurisdictions.

4. Age Requirement

In the event that a User is a natural person, the services of QR Code Creator are primarily geared toward adults of legal age. If a User is under the minimum age to obtain QR Code Creator services, the User must have parental consent and the parent or legal guardian must have read these Terms and Conditions.

5. Remuneration

5.1 All prices include the respective statutory value-added tax ("VAT"), unless stated otherwise.

5.2 Unless the corresponding service of QR Code Creator is free of cost, compensations, and fees to be paid by the User and valid at the time of the Agreement's conclusion are presented in the respective service sections, along with all related price components and calculation basis, payment processes, and payment terms. QR Code Creator will provide the User with the corresponding contractual invoice by mail, e-mail, or for download within the User's account upon or after acceptance of the Agreement.

5.3 Fees are due right after the Conclusion of the Agreement. The User will be considered as being in default if the due date of payment, which is determined by the calendar, has been missed. If this happens, the User shall pay QR Code Creator default yearly interest fee at a rate of 5 percent of the missed payment amount above the prime rate. The User’s obligation to pay interest on arrears does not prevent QR Code Creator from claiming further damages caused by default.

5.4 If the User fails to comply with the corresponding contractual payment obligations, QR Code Creator may set an appropriate grace period with a termination threat, after which QR Code Creator may terminate the contract with the user and delete all data immediately, without implying a separate contractual obligation to delete data. immediately. The termination clauses in Section 13 of these terms and conditions remain unchanged.

5.5 QR Code Creator is not obligated to provide or unlock contractual services prior to receiving due payment.

5.6 Non-use of contractual services does not release the User from payment obligations.

5.7 Objections to the billing of services provided by QR Code Creator must be made in writing to the QR Code Creator office listed on the respective invoice.

5.8 Offsetting against counterclaims of the User or withholding payments due to such claims is only permitted if the counterclaims are undisputed, legally established, or result from the same order under which the relevant delivery was made.

6. User Rights and Obligations

The User utilizes QR Code Creator's services in accordance with all applicable statutory and legal provisions. This means specifically, but not exclusively:

The User does not use any illegal content or link to illegal content that violates laws, official regulations, or the rights and freedoms of third parties when utilizing QR Code Creator services, and in particular does not place such content or link on QR Code Creator services, such as storage space. reserves the right, without prior notice, to delete, block, or restrict contractual services, corresponding content, links, or codes in the event of such violations, illegal content, or suspected misuse.The User prevents unauthorized access to the Account by third parties by taking precautions commensurate with the state of the art.User neither transfers contractual services or rights to third parties nor makes them available for use by third parties.Before entering data and information into QR Code Creator's storage space, the User inspects them for viruses and other potentially harmful components.The information that the User stores on the QR Code Creator-provided storage space may be protected by copyright and data protection laws. The User henceforth grants QR Code Creator the right to store, reproduce, and transfer the content for the User's purposes, as well as reproduce the content for data backup purposes, in accordance with the Upload Content License.The User is prohibited from taking any actions that could compromise the functionality of the services provided or arranged by QR Code Creator. This includes, but is not limited to, the use of viruses, malicious software, or software that automatically generates user requests via the Internet, or acts otherwise to QR Code Creator's detriment. The User will not alter, manipulate, overwrite, copy, or distribute QR Code Creator or their service providers' website areas or the website areas of other users.The User is responsible for the technical devices, communication channels, hardware, and software used in conjunction with QR Code Creator Services. This also applies to their suitability and safety.

License to QR Code Creator

If the User is a business, the User grants QR Code Creator a non-exclusive, non-transferable, worldwide, royalty-free, limited license to use the User's name, trademarks, and logos to reference the User as a QR Code Creator customer on QR Code Creator website and in QR Code Creator marketing materials. The User warrants to QR Code Creator that they have the legal right, title, and/or authority to grant QR Code Creator such a license. If you previously rejected this clause in relation to QR Code Creator, it will not apply to you. If you previously agreed to a version of these terms and conditions that permitted you to opt-out of this provision, your previous decision to opt-out or not opt-out remains binding. If you have separately agreed to specific details with QR Code Creator at an earlier time that differs from this clause, the individual agreement takes precedence for you.

To opt-out of this clause and thereby refuse to grant QR Code Creator such a license, please send an email to support@qr-code-creator.comwith your customer number and company name.

For additional licensing information, consult the QR Code Creator Upload Content License.

8. Revocation/Withdrawal

8.1 If you are a consumer (i.e., a private individual), you have a right of withdrawal in accordance with the law. If applicable, the consumer will be informed of this right separately.

8.2 QR Code Creator grants the User, in addition to the right of termination, the right to voluntarily withdraw from the Agreement. The user is entitled to this right of withdrawal for 14 days following the conclusion of the agreement and must provide QR Code Creator with a reasonable notice (at least in text form).

9. Liability

9.1 QR Code Creator is liable without limitation for injury to life, body, or health, in accordance with the provisions of Defective Products Law of Georgia No 6151 of 8 May 2012 –Article 1009 - and to the extent of any guarantee assumed by QR Code Creator, in the event of intent or gross negligence.

9.2 In the occasion of a slightly negligent breach of an obligation that is crucial to the achievement of the purpose of the contract (cardinal obligation), QR Code Creator's liability is limited to the amount of damage that is foreseeable and typical given the nature of the respective contractual relationship.

9.3 QR Code Creator's further liability is excluded.

9.4 This limitation of liability also applies to QR Code Creator's employees, representatives, and organs.

10. Indemnity

The User agrees to indemnify and hold harmless QR Code Creator, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors from any claim or demand, including reasonable attorney's fees, made by any third party against any of the aforementioned legal or natural persons due to or arising from a material breach by the User of these Terms and Conditions and the Privacy Policy.

11. Non-disclosure

"Confidential Information" refers to all information and documents of the respective other party that is marked as confidential or that are to be considered confidential based on the circumstances, including information on operational processes, business relations, and know-how.

11.2 The parties agree to keep confidential any sensitive information

11.3 Such confidential information is exempt from this obligation if:
a. it was demonstrably already known to the Recipient at the time of the conclusion of the Agreement or subsequently became known to the Recipient from a third party without breaching a confidentiality agreement, statutory provisions, or official orders;
b. it was publicly known at the time of the conclusion of the Agreement or became publicly known afterward unless this was due to a breach of the Agreement.
c. Insofar as permitted and practicable, the recipient subject to a duty of disclosure shall inform the other Party in advance and afford it the opportunity to oppose the disclosure.

11.4 The Parties shall grant access to confidential information to those who are bound by professional secrecy or who have been previously subject to confidentiality obligations equivalent to those of this Agreement.

12. Intellectual Property Rights

QR Code Creator ensures that the User's contractual use of the services does not violate any third-party rights. QR Code Creator offers the User, in the event of title defects, the opportunity to use the services or an equivalent at its sole discretion. If there are indications of possible violations of the rights of third parties, QR Code Creator will evaluate the plausibility of these indications and, if reasonable suspicion of an infringement exists, will take appropriate action.

Except as expressly provided in the Agreement, neither QR Code Creator nor its subcontractors make any representations or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, or fitness for a particular use or purpose, non-infringement, or results to be derived from the use of or integration with any services and products provided under the Agreement, or that the operation of any products or services will be uninterrupted or error-free. The User agrees not to obtain subscriptions for any service based on the delivery of future functionality, public comments or advertising by QR Code Creator, or product road maps.

13. Termination/Duration

Unless otherwise agreed, the Agreement is concluded for an indefinite period of time between QR Code Creator and the User in accordance with the periods specified within the specific service sections. The relationship commences with the User's registration and login and may be terminated by either party with the deletion of the account or, in the case of agreed services, with prior written notice of at least one (1) month to the end of the contractual term. The duration of contractual services will be automatically extended for the same duration at the same price.
In the event that a user's account is deleted during an agreed-upon contractual period, the deletion has no bearing on any potential payment obligations.

The right of each party to terminate the Contract for cause without notice (extraordinary termination) is unaffected. QR Code Creator may terminate the Contract without prior notice if the User infringes fundamental contractual or legal obligations, affects the safety of QR Code Creator's systems, other users, or third parties, fails to make payments despite a reminder and the setting of a relevant grace period, or violates the contractual terms governing the use of QR Code Creator's services.

14. Obligatory Arbitration Provisions (applies only to US citizens)

14.1 All disputes arising from or relating to this agreement shall be finally resolved in accordance with the Arbitration Rules of the International Court of Arbitration.

14.2 The Court of Arbitration shall be composed of one arbitrator. The chairman must be a lawyer who is a member of the Georgian Bar Association and is fluent in the language of the arbitration.

14.3 The place of arbitration shall be the county in the United States where the User resides or works, or any other location agreed upon by the parties.

14.4 The arbitration is conducted in English.

14.5 The Court of Arbitration shall apply Georgian law in accordance with section 6 of this contract. The Court of Arbitration shall apply the Civil Procedure Code of Georgia in terms of procedure, particularly with regard to the taking of evidence.

14.6 Dissenting opinions shall not be allowed.

14.7 The User may only resolve disputes with QR Code Creator on an individual basis and may not bring a claim in a class, consolidated, or representative action as a plaintiff or class member. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If this particular paragraph is deemed unenforceable, the entire "Obligatory Arbitration Provisions" section will be null and void.

15. Final Regulations

15.1 The invalidity of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. The parties to the Agreement shall make every effort to replace an invalid provision with a valid provision that comes as close as possible to the economic intent of the invalid provision.

15.2 QR Code Creator's failure to enforce a provision does not waive its right to do so in the future.

15.3 The User may only assign claims against QR Code Creator to third parties with QR Code Creator's prior written consent.

15.4 These terms are exclusive. Deviating, inconsistent, or additional General Terms and Conditions of Users who are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity shall only become part of the Agreement if and to the extent that QR Code Creator expressly agrees to their validity. This consent requirement applies regardless, for example, even if QR Code Creator provides services to the User while aware of the User's General Terms and Conditions.

15.5 The User's Terms and Conditions, if any, do not apply.

15.6 QR Code Creator's registered office is the exclusive place of jurisdiction for disputes arising out of this Agreement.

15.7 This Agreement is governed by Georgian law.

16. Acceptable Use Guidelines

QR Code Creator views QR codes as one of the most significant technological enablers at the interface between the real and digital worlds. We feel obligated to ensure that technology is used in a way that is beneficial to people and our society as a whole.

Therefore, we have established some general guidelines for how our solutions and services are NOT intended to be used, which you accept by using our services. This includes encouraging others to act in a similar manner.

These rules include, but are not limited to the following:
Scanning or testing our systems and/or network for vulnerabilities in any way.Any breach of authentication or security protocols.Accessing, modifying, or illegally utilizing shared areas that require authorization or non-public areas of service.Interfering with or disrupting the network, host, or user of the service (by overloading, spamming, or other similar activities) or failing to obey any requirements, procedures, policies, or regulations of networks that are connected to QR Code Creator's website is prohibited.Misusing or creating accounts for any purpose other than the intended use of our publicly supported interfaces, such as mass-creating accounts.Sending unrequested communication, advertisements, or spam to users of a service.Sending promotions or advertisements for products or services other than your own without permission.The act of manipulating identifiers by forging email headers and/or sending deceptive or altered information in order to conceal the origin of any user-generated content transmitted through our websites, including "phishing" and "spoofing."Impersonating a person or entity or otherwise misrepresenting or faking your affiliation with a person or entity is prohibited.Collecting or storing any data or personally identifiable information of other users.Utilizing QR Code Creator solutions, features, or goodwill beyond "normal" usage, such as "unlimited" scans.Publication, distribution, or download of any files posted by another user that are illegal and should not be distributed in such a manner are prohibited (for example, files that infringe upon intellectual property rights of any party, contain a virus, are ethically or otherwise objectionable, or that contain extreme acts of violence or terrorist activity, including terror propaganda).Harassing, threatening, defaming, abusing, or otherwise violating the legal rights of QR Code Creator personnel or representatives or users of the service is prohibited.Promoting hatred or prejudice against any individual or group based on their race, ethnic background, religion, sex, gender identity, sexual orientation, disability, or impairment.Contravening any applicable local, state, national, or international laws, as well as others' privacy or rights.

17. Upload Content License

1. License

The content that you provide remains yours. Therefore, you retain any intellectual property rights that you have in your content, such as the intellectual property right in the creative content you produce by writing reviews or the right to share someone else's creative content if they have given you permission to do so. If your intellectual property rights restrict our use of your content, we need your permission. This license grants QR Code Creator permission in this regard.

This license is worldwide, non-exclusive, and royalty-free. This means that it is applicable worldwide, there are no restrictions on the licensing of your content to others, and there are no fees associated with this license.

Your content is covered by the license so long as it is protected by intellectual property rights. Your data security rights are unaffected. The following forms of content are excluded from coverage under this license:You provide publicly accessible information, such as corrections to the address of a local business. This type of information is considered common knowledge and can be freely used by anyone without the need for a license.Your comments (e.g. suggestions to improve our services).

2. Purpose

This license's scope is limited to the operation of services, allowing them to create new features and functions and operate as intended by their designers. This includes analyzing your content using automated systems and algorithms. As the content is transmitted, received, stored, and utilized, it is analyzed:to scan for illegal content, spam, or malware;to recognize data patterns used in functionalities such as storage optimization;to personalize our services for you, in order to provide you with services such as usage recommendations or customized designs, content, and advertisements in the case of a free generator.

3. Rights

Within the scope of the above-mentioned limited purposes, the following rights are granted to QR Code Creator via this license:
utilize your content solely for technical purposes, such as the storage of your content on our systems to make it accessible from anywhere or to ensure the compatibility of your content with our services by reformatting your content;ensuring the public availability of your content, provided that you have made it visible to others;sublicense these rights to: other users to ensure that the services function as intended, such as enabling you to share photos with other users;our contractors under agreements that are consistent with these terms; and within the scope of the limited purposes described in the section titled "Purpose".

4. Duration

This license is valid for the period of time that your content is protected by intellectual property rights. This does not apply if you remove your content from our services before the expiration date.

The removal of any of your content from our services that is covered by this license will cause our systems to stop making this content publicly accessible within a reasonable timeframe. There are the following exceptions:
You have shared your content with others via a static QR code that links to a third-party website before removing it.It is possible that search engines and so-called web archives will continue to find and display your content as part of their search results if you make your content accessible through the services of other companies.

18. Cancellation policy

The right to withdraw

You may cancel your subscription at any time without providing a reason by logging into your account or contacting us using the contact information and form provided below. Your cancellation will take effect at the end of your current paid term. No refunds shall be provided for our subscription services. In general, and except as specifically noted on a specific part of the website, all purchases of our QR-creating services are final and no refunds will be provided. Certain services may include a specific guarantee. Please check our service package descriptions to confirm whether your package includes any guarantee. To exercise your right of withdrawal, you must inform us (support@qr-code-creator.com) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent via post, fax, or email; see the model withdrawal form for this purpose) of your decision to withdraw from this contract (e.g. a letter sent by post or e-mail). You may use the sample withdrawal form provided, but its use is not required. Additionally, you may also electronically complete and submit the model withdrawal form or another clear declaration on your account athttps://qr-code-creator.com.If you use this option, we will immediately (e.g., via e-mail) send you a confirmation of receipt of your cancellation. If you revoke this contract after the trial period and you are eligible for a refund based on a guarantee that was specifically noted in your chosen service package before your purchase, we will refund all payments received from you according to the conditions of the guarantee, no later than 14 days from the date we received your notice of revocation. All such guarantees will be mentioned under the details section of your service package. To get a refund, you should clearly specify your desire of receiving a refund according to the rules of your package guarantee, in your revocation request. Once your refund request is accepted, you will no longer be able to receive the service since the time the refund has been processed. Unless expressly agreed otherwise, we will use the same method of payment you used for the original transaction; you will not incur any fees as a result of this repayment.

Refund policy for EU residents only.

If you are a customer residing in the EU, when buying digital content, you have a right to withdraw from purchases within the period of 14 days from the purchase date, but only up until the moment the actual downloading process of the digital content begins. The right to withdraw from the agreement for the supply of such digital content will not apply if you have expressly stated that you wish to receive or download the digital content within the withdrawal period and have expressly waived the right of withdrawal. When downloading the content created at https://www.qr-code-creator.com,during the 14-day withdrawal period, you will be asked to agree that you will lose your right of withdrawal and you will not be eligible for any refund, except as specifically noted on a specific site or page when making your purchase. Within 14 days of your declaration that you want to invoke this guarantee, the amount paid by you shall be refunded.

Sample cancellation form

If you wish to cancel the agreement, please complete and return this form.

To:
QR Code Creator,
Chugureti district,
Saint Petersburg str. 1,
Floor 4, Office 48,
Tbilisi, Georgia

Email: support@qr-code-creator.com

I/we (*) hereby withdraw from the contract for the purchase of the following items
(*)/provision of the following service (*).
Purchased on (*) and received on (*)
Name of the client (s)
Address of the client (s)
Signature(s) of the customer(s) (only in case of paper communication)
Date\s
(*)Delete where irrelevant

Note regarding the early expiration of the revocation

We would like to draw your attention to the fact that in the case of contracts for the delivery of data that is not on a physical medium and is created and made accessible in digital form (digital content), your right of revocation will expire prematurely if you have expressly consented to QR Code Creator commencing performance of the contract prior to the expiration of the revocation period and have confirmed your knowledge that by giving your consent you will lose your right of revocation upon commencement of performance of the contract.

- End of the cancellation policy -