Terms and Conditions
Created on 27 April, 2024 • 4 minutes read
BrightQR - Terms and Conditions
TERMS
1. AGREEMENT
By accessing or using the BrightQR and associated websites ("Service") and its associated features, you ("User" or "Subscriber") agree to be bound by these Terms and Conditions (this "Agreement"). If you do not agree with the terms of this Agreement, you must not use the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use.
2. SERVICE DESCRIPTION
We provide a free, monthly or annual service that allows Users to access QR Code creation and features on our website. The specific features and content available through the Service are subject to change from time to time at our discretion. Service features and limits are displayed on each plan page.
3. FEE AND PAYMENT TERMS
The User must pay a monthly or annual subscription fee ("Fee") in order to access and use the associated Service. The Fee will be charged to the User's preferred payment method (such as credit card or PayPal) on a recurring or manual basis, unless the User cancels or chooses not to renew their subscription prior to the next billing cycle.
4. TERM AND TERMINATION
The term of this Agreement shall commence upon the User's initial registration for the Service and shall continue on a month-to-month basis until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, the User will no longer have access to the Service.
You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
5. LIMITED LIABILITY
In no event shall we be liable for any damages (including, but not limited to, incidental, consequential, or punitive damages) arising from:
The use of, or inability to use, the Service;
Any errors or omissions in the content, features, or functionality of the Service;
Any loss of data or other damage resulting from a User's failure to back up their data;
Any unauthorized access to or alteration of the User's transmissions or data; or
Any claims or damages arising from or related to the use of the Service.
Our liability shall be limited to the amount of the monthly Fee paid by the User for the period during which the alleged breach occurred.
No claim may be brought against us more than one year after an alleged incident.
6. INDEMNIFICATION
The User agrees to indemnify and hold harmless us, our officers, directors, employees, agents, and affiliates ("Indemnitees") from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:
Any breach of these Terms and Conditions by the User;
Any use of the Service that is not in accordance with these Terms and Conditions; or
Any claims or damages arising from or related to the use of the Service.
7. PROPRIETARY RIGHTS
We retain all proprietary rights, including copyrights, trademarks, and other intellectual property rights, in and to the Service and its content.
8. ILLEGAL ACTIVITY
The User agrees not to use the Service for any illegal activity, including but not limited to:
Hacking or unauthorized access to the Service;
Posting or transmitting any material that is obscene, defamatory, or violative of applicable laws;
Engaging in spamming or other forms of unsolicited commercial communication;
Using the Service to solicit or facilitate illegal activities, including but not limited to fraud, identity theft, and phishing.
Decision on illegal activity is at the discretion of the service operator or legally binding notification.
BrightQR does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
9. TERMINATION FOR ILLEGAL ACTIVITY
We reserve the right to terminate this Agreement and the User's access to the Service at any time, with or without notice, if we determine in our sole discretion that the User is using the Service for illegal activities or violating these Terms and Conditions.
10. BANNING OF ILLEGAL ACTIVITY
We reserve the right to ban or restrict access to any User who engages in illegal activity on the Service. This includes, but is not limited to, hacking, spamming, posting or transmitting illegal material, and engaging in other forms of illegal behavior.
By accessing or using our website and its associated features, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions.