Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms", "Agreement") govern your access to and use of our QR Code Generator service ("Service", "Platform", "Website"), operated by us ("we", "us", or "our") in Victoria, Australia.

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service. These Terms constitute a legally binding agreement between you and us under Australian law.

These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia, and comply with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to use this Service. By using this Service, you represent and warrant that you are at least 18 years of age.

2.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all responsibility for activities under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party

2.3 Account Termination

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or engaged in fraudulent, illegal, or abusive behavior.

3. Description of Service

Our Service provides QR code generation and management tools, including:

• QR code creation with customizable designs
• QR code storage and management
• Scan tracking and analytics
• Bulk QR code generation (for premium users)
• QR code activation/deactivation controls

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. For temporary service interruptions, we will make reasonable efforts to provide notice. For permanent service shutdown, please see Section 4 below.

4. Service Discontinuation and Shutdown

4.1 Planned Service Shutdown

In the event we decide to permanently discontinue the Service for any reason, we will:

• Provide at least 90 days' advance notice to all active users via email and in-app notifications
• Immediately cease billing for new subscription periods
• Continue to operate the Service during the notice period to allow you to transition
• Provide instructions for exporting your QR codes and analytics data
• Issue pro-rata refunds for any unused premium subscription time remaining after the shutdown date

4.2 Emergency or Immediate Shutdown

In rare circumstances where immediate shutdown is required (e.g., legal requirements, security breaches, force majeure events), we will:

• Provide as much advance notice as reasonably possible given the circumstances
• Make reasonable efforts to preserve your data for at least 30 days to allow data export
• Issue pro-rata refunds for any unused premium subscription time, where legally and practically feasible
• Provide information about the reason for shutdown to the extent legally permissible

4.3 Data Preservation and Export

During any shutdown notice period, we will:

• Maintain full access to your account, QR codes, and analytics data
• Provide tools to export all your QR code images in high resolution
• Provide tools to export all analytics data in standard formats (CSV, JSON)
• Provide documentation on how to host and use your QR codes independently
• Make reasonable efforts to assist with data migration to alternative services

4.4 QR Code Functionality After Shutdown

Important: After service shutdown, QR codes that rely on our redirect infrastructure will cease to function. Static QR codes (those containing the target URL directly) will continue to work indefinitely. We strongly recommend:

• Downloading all QR code images during the notice period
• Updating any printed or distributed materials if possible
• Considering the use of static QR codes for critical, permanent applications

4.5 Data Deletion After Shutdown

Following the service shutdown date:

• Your data will be retained for an additional 90 days in secure, backed-up storage
• During this period, you may contact us to request a final data export
• After 90 days post-shutdown, all user data will be permanently and securely deleted
• Deletion will be performed in accordance with our Privacy Policy and data protection obligations

4.6 Business Transfer Alternative

If instead of shutting down, we transfer the Service to another entity (through sale, merger, or acquisition), we will:

• Provide at least 30 days' notice before the transfer
• Ensure the new entity agrees to honor these Terms
• Provide you the option to delete your account and data before the transfer
• Maintain service continuity with no interruption to your QR codes

4.7 Limitation of Liability for Shutdown

Subject to Australian Consumer Law requirements, we shall not be liable for any indirect, consequential, or special damages arising from service discontinuation, including but not limited to:

• Loss of business or revenue
• Costs of reprinting materials with QR codes
• Loss of customer goodwill or reputation
• Costs of transitioning to alternative services

Our maximum liability in connection with service shutdown shall be limited to refunding pro-rata unused subscription fees, in accordance with Section 10 (Disclaimers and Limitations of Liability) and Australian Consumer Law.

5. Subscription Plans and Billing

5.1 Free and Premium Plans

We offer both free and premium subscription plans. Premium plans provide additional features and higher usage limits as described on our pricing page.

5.2 Payment Terms

Premium subscriptions are billed on a recurring basis (monthly or annually as selected). By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.

• All prices are displayed in Australian Dollars (AUD) unless otherwise stated
• Prices do NOT include GST (Goods and Services Tax)
• Payment is processed securely through Stripe
• Payments are non-refundable except as required by Australian Consumer Law

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your subscription plan.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will retain access to premium features until the end of the paid period.

5.5 Price Changes

We reserve the right to change our pricing at any time. Price changes for existing subscriptions will take effect at the next renewal period. We will provide at least 30 days' notice of any price increases.

5.6 Failed Payments

If a payment fails, we may attempt to process payment again or suspend your premium features. Your account will be downgraded to the free plan if payment issues are not resolved within a reasonable timeframe.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to create QR codes that link to illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
• Create QR codes that link to malware, viruses, phishing sites, or other malicious content
• Use the Service to violate any applicable laws or regulations, including the Spam Act 2003 (Cth)
• Infringe upon the intellectual property rights of others
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use the Service to send unsolicited commercial messages (spam)
• Use automated systems or software to extract data from the Service (scraping)
• Resell, sublicense, or redistribute the Service without our express written permission
• Use the Service in any way that could damage, disable, overburden, or impair the Service

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by us or our licensors and is protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

7.2 Your Content

You retain all ownership rights to the URLs and content you link through QR codes created using our Service. By using the Service, you grant us a limited, non-exclusive, worldwide license to use, store, and display your content solely for the purpose of providing the Service to you.

7.3 QR Codes

QR codes generated through our Service are provided for your use. You may use, reproduce, and distribute the QR codes you create for any lawful purpose. However, you may not remove any attribution or branding (if present on free plans) from the QR codes.

8. Data and Analytics

Our Service tracks scans of your QR codes and provides analytics data to you. By using the Service, you acknowledge and agree that:

• We collect analytics data as described in our Privacy Policy
• You are responsible for ensuring compliance with applicable privacy laws when using QR codes and analytics in your jurisdiction
• You must provide appropriate notices to end-users who scan your QR codes if required by applicable privacy laws
• We may use aggregated, anonymized analytics data for our business purposes

9. Third-Party Services

Our Service integrates with third-party services, including:

• Stripe: For payment processing
• Supabase: For data storage and authentication

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, policies, or practices of third-party services.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. While we strive for high availability, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

10.2 No Warranty

To the maximum extent permitted by Australian law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 Australian Consumer Law

IMPORTANT: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be lawfully excluded, restricted, or modified ("Non-Excludable Rights").

Subject to your Non-Excludable Rights, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to:

• The re-supply of the services; or
• The payment of the cost of having the services supplied again

10.4 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use of the Service.

Our total liability to you for all claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100 AUD, whichever is greater.

10.5 Your Responsibility

You are solely responsible for:

• The content and URLs linked through your QR codes
• Ensuring that your use of the Service complies with all applicable laws
• Any consequences arising from the use of your QR codes by third parties
• Maintaining backups of your important QR codes and data

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content linked through your QR codes

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• Your QR codes may no longer function
• We may delete your account and data in accordance with our data retention policies
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

13.2 Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. If we cannot resolve the dispute within 30 days, either party may pursue formal legal action.

13.3 No Class Actions

To the extent permitted by law, all disputes must be brought individually and not as part of a class action or representative proceeding.

14. Changes to Terms

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

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification to registered users (for significant changes)

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

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

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, or failures of third-party services.

15.6 Electronic Communications

By using the Service, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Transactions Act 1999 (Cth).

16. Contact Information

If you have any questions about these Terms, please contact us at:

17. Additional Victorian/Australian Specific Terms

17.1 GST

All prices do NOT include GST (Goods and Services Tax). Tax invoices will be provided for all transactions.

17.2 Australian Consumer Law Rights

Under the Australian Consumer Law, you have guaranteed rights including:

• Services must be provided with due care and skill
• Services must be fit for the purpose specified
• Services must be delivered within a reasonable time (if no time specified)

These consumer guarantees cannot be excluded under Australian law. If we fail to comply with a consumer guarantee, you may be entitled to a remedy.

17.3 Unfair Contract Terms

These Terms have been drafted to comply with the unfair contract terms provisions under the Australian Consumer Law. If you believe any term is unfair, please contact us to discuss.