Terms Of Service

Last Updated: January 16th, 2025 These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”) provided by Human QR, Inc. (“Human QR,” “we,” or “our”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use or access our Services. 1. Eligibility 1.1 Age Requirement You must be at least 18 years of age (or the age of majority in your jurisdiction) to access or use our Services. By accessing or using our Services, you represent and warrant that you meet this minimum age requirement. 1.2 Authority to Bind If you are using our Services on behalf of an entity or organization, you represent and warrant that you are authorized to accept these Terms on behalf of that entity or organization. 2. Description of the Services Human QR provides a platform that allows users to create QR codes derived from user-provided images. The Services may also include community features such as chat rooms, forums, or other interactive areas, where users can discuss various topics related to QR code generation and design. 3. Modifications to These Terms We reserve the right to modify or update these Terms at any time. Any changes will become effective immediately upon posting the revised Terms on our website. Your continued use of the Services after the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically. 4. User Accounts 4.1 Account Creation In order to access certain features of the Services, you may be required to create an account. When you create an account, you agree to provide accurate, current, and complete information, and to promptly update any information necessary to keep it accurate, current, and complete. 4.2 Account Security You are responsible for maintaining the confidentiality of your account credentials (username and password). You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your account. 5. User Content 5.1 Definition of User Content “User Content” includes any images, graphics, data, text, or other materials you upload, post, submit, transmit, or otherwise make available through the Services. 5.2 Ownership of User Content By uploading User Content through the Services, you acknowledge and agree that you do not own any rights in the User Content once it has been submitted to our platform. You agree that Human QR is the sole and exclusive owner of all right, title, and interest in and to any User Content you submit. This transfer of ownership is effective as soon as you upload or submit such User Content to our Services. 5.3 Licenses Granted to You Provided that you comply with these Terms, Human QR grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services to create QR codes for your personal or business use. You have no other rights or licenses in or to any User Content or any portion of the Services other than those explicitly granted in these Terms. 5.4 Representations and Warranties Regarding User Content You represent and warrant that: You have the necessary rights, power, and authority to submit the User Content to Human QR and to transfer ownership as stated in Section 5.2; Your User Content does not violate any applicable laws, infringe or misappropriate any third-party rights, or contain any material that is harmful or unlawful. 5.5 Removal of User Content We reserve the right (but have no obligation) to monitor, screen, remove, or edit any User Content at our sole discretion for any reason, including if we believe it violates these Terms or any applicable laws. 6. Prohibited Conduct By using our Services, you agree that you will not: Use the Services for any unlawful purpose or in violation of any local, state, national, or international law or regulation; Upload or submit any content that is fraudulent, defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable; Attempt to gain unauthorized access to any portion of the Services or any other system, network, or data not expressly authorized by these Terms; Engage in scraping, data mining, data harvesting, or any other automated means to access or collect information from the Services without our express written consent; Interfere with the proper functioning of our Services, including by introducing viruses, malware, or other harmful code; Solicit other users for commercial purposes (including advertising or promoting third-party software, products, or services) in any community chat, forum, or interactive area of the Services without our express written consent; Attempt to steal customers or redirect them to competing services, including soliciting or encouraging users to use another QR code service. 7. Fees and Payment 7.1 Fees You agree to pay any fees charged for use of the Services, as described on our website or in a separate agreement with you. All fees and charges are non-refundable unless otherwise stated. 7.2 Payment Processor We use Stripe as our third-party payment processor. By using our Services, you agree to be bound by Stripe’s terms of service, which may be updated from time to time. 7.3 Changes to Fees We reserve the right to change our fees at any time, and we will provide you notice of any fee changes through the Services or other means. 8. Intellectual Property Rights 8.1 Human QR Trademarks and Copyright The Services and all content (except User Content as described above) provided by Human QR, including but not limited to text, graphics, logos, icons, images, software, and other materials, are protected by intellectual property laws. Except as expressly provided in these Terms, Human QR reserves all rights in and to the Services and its content. 8.2 Feedback If you provide any suggestions, ideas, or feedback to us (“Feedback”), you grant Human QR a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit such Feedback for any purpose. 9. Termination 9.1 Termination by You You may terminate your account at any time by following the instructions provided in your account settings or by contacting us. 9.2 Termination by Us We reserve the right to suspend or terminate your access to our Services at any time, with or without cause or notice, including if we believe you have violated these Terms. 9.3 Effect of Termination Upon termination, all licenses granted to you under these Terms will immediately cease, and any amounts owed to us shall become immediately due and payable. Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 10. Disclaimers 10.1 No Warranties The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Human QR disclaims all warranties, express or implied, relating to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. 10.2 User Content and QR Codes We make no representations or warranties of any kind regarding the User Content or any QR codes generated through the Services, including as to their legality, accuracy, reliability, or completeness. 11. Limitation of Liability To the fullest extent permitted by law, Human QR and its officers, directors, employees, agents, licensors, or partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; or (c) unauthorized access, use, or alteration of your transmissions or User Content. In no event shall our aggregate liability for all claims relating to the Services exceed the amount you paid Human QR in the twelve (12) months preceding the claim. 12. Indemnification You agree to defend, indemnify, and hold harmless Human QR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services, or your User Content. 13. Governing Law and Dispute Resolution 13.1 Governing Law These Terms and any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions. 13.2 Venue Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located at 651 N Broad St, Suite 201, Middletown, New Castle County, Delaware, 19709, and the parties expressly consent to personal jurisdiction and venue in those courts. 13.3 Alternative Dispute Resolution (Optional Arbitration) If a dispute arises from these Terms or your use of the Services, you and Human QR may mutually agree to submit the dispute to final and binding arbitration under the rules of the American Arbitration Association. Arbitration shall be on an individual basis and shall not be consolidated with any dispute of any other party, unless both parties otherwise agree in writing. If you or Human QR do not agree to arbitrate, or if arbitration is not pursued for any reason, disputes shall be resolved in the state or federal courts referenced in Section 13.2. 14. No Waiver Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. 15. Severability If any provision of these Terms is held to be invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect. 16. Entire Agreement These Terms and our Privacy Policy constitute the entire agreement between you and Human QR regarding your use of the Services and supersede any prior agreements between you and Human QR relating to the Services. 17. Contact Us If you have any questions about these Terms, please contact us at: Human QR, Inc. Email: daniel@humanqr.com Mailing Address: 11 East Main Street, Saint Charles, IL 60174, United States