Terms of Use

1. General

1.1 QRPlus develops, operates, and provides various services in the areas of creation, design, management, and analysis of QR Codes, websites, and their respective tools and services for its users (clients).

1.2 These Terms of Use regulate any contractual relationship between QRPlus and the user. The Terms of Use apply to all offers and services of QRPlus, as well as to all agreements and service relationships between QRPlus and the user. This applies regardless of whether the provision of statements, login, registration, contract conclusion, service, or receipt of services occurs inside or outside Brazil.

1.3 User Terms of Use contrary or different from those constituted here are only valid if expressly approved in writing by QRPlus; such approval by QRPlus cannot be inferred from mere silence, nor from an uncontradicted provision or without reservation or receipt of agreed-upon services or fees.

1.4 QRPlus services can generally be used for private and commercial purposes, unless it is expressly stated that exclusively private or exclusively commercial use is prohibited.

1.5 QRPlus services are exclusively intended for individuals of legal age. The user guarantees being of legal age and having full legal capacity at the time of registration and at the point of use.

2. Object of the Contract

2.1 The object of the contract is the use of the specifically agreed-upon QRPlus service by the respective user, whether for payment or free of charge.

2.2 The user undertakes only to provide complete, correct, and current information at the time of registration, data entry, or configuration, and to correct or update the data, if necessary. The use of pseudonyms, nicknames, or professional names is not allowed. Unauthorized multiple registrations of a user will be deleted.

2.3 The user is responsible for the password chosen at the time of registration. This password should not be made available to unauthorized third parties. If the user does not follow these instructions, he will be responsible for the resulting damages. QRPlus will not provide the password to third parties and will not request the user's password—except in the login processes—by phone or email.

2.4 The presentation of services on QRPlus websites does not constitute a legally binding offer from QRPlus but rather a non-binding invitation for the user to submit a corresponding offer. The processes and technical steps leading to a binding offer by the user will be explained in the respective service sections.

2.5 By submitting the respective legally binding offer by the user, he confirms that he has read and accepted these Terms of Use and cancellation instructions.

2.6 After submitting the registration or registration request by the user and the associated legally binding offer by the user, an email will be sent to the specified email address. This email confirms the receipt of the registration by QRPlus. The user must ensure that the email address provided is correct and that emails sent by QRPlus can be received and will not be blocked, for example, in the case of spam filters being used.

2.7 The user grants QRPlus the non-exclusive, non-transferable, temporally and regionally unlimited right to use the user's name, trademarks, and logos free of charge for the purpose of referencing the user as a QRPlus customer on the QRPlus website and in the production of marketing materials, provided that such use is in accordance with data protection laws and any brand and logo usage guidelines provided to QRPlus by the user. The user guarantees that the copyright holder has given consent for the use of copyrights, including the transfer of the right to use to QRPlus. The user declares that authorship should not be named by QRPlus. Any improvement developed from such use will be exclusively for the benefit of the user.

3. QRPlus Services

3.1 The contractual services of QRPlus result from the respective concrete presentation in the various service types. The same applies to the scope of services, the service period, user payment obligations, and other service conditions.

3.2 The services provided by QRPlus largely depend on the availability of third parties, particularly also on the availability and accessibility, for example, of the global Internet and mobile communication infrastructures, data centers, phone lines, communication networks, domains, applications, etc. The user is aware and acknowledges that, for this reason, contractual services may be fully or partially, permanently or temporarily, discontinued, restricted, blocked, or modified for all individual users, if necessary.

3.3 QRPlus is authorized to use programs that allow conclusions to be drawn about user behavior. This information enhances security, optimizes QRPlus services, and is treated confidentially in accordance with data protection provisions and regulations.

4. User Rights and Obligations

4.1 The user is obligated to use the products and services provided by QRPlus in accordance with legal and statutory provisions. The user guarantees, in particular, not to use, provide, or link to content that violates the laws of the Federative Republic of Brazil and Mercosur, current criminal laws, youth protection laws, data protection provisions and regulations, Telecommunications Law regulations, or any rights of third parties. The user is required to ensure and continuously and adequately verify this under their own responsibility.

4.2 The user is obligated to refrain from anything that may affect the functionality of the services provided or organized by QRPlus. This also applies, among other things, to the use of viruses, malicious software, or software that generates user requests automatically via the Internet or otherwise. The user will also not alter, manipulate, overwrite, copy, or distribute areas of the site or areas of other users' sites provided by QRPlus or its service providers.

4.3 The user's contractual services and rights cannot be transferred or provided to third parties for use. The user has the obligation to prevent unauthorized third parties from accessing services provided or mediated by QRPlus or third-party services, taking appropriate precautions in accordance with applicable laws. The user also commits to keeping sensitive data (e.g., their password) confidential, and in case of misuse or suspicion of misuse, to immediately and conveniently change their password, as well as notify QRPlus promptly about any misuse or suspected misuse.

4.4 The user is responsible for the technical devices, communication means, hardware, and software they use. This also applies to their suitability and security. The user's obligation to pay any agreed usage fees or other payments remains unchanged in the event of a possible failure or malfunction of these devices or communication means. The user will immediately notify QRPlus of any failure or malfunction and describe its circumstances and details with the greatest possible accuracy.

4.5 The user undertakes to ensure the continuous, correct, and adequate security of their data and is responsible, provided that the damage incurred was not intentionally or grossly negligently caused by QRPlus.

4.6 According to the law, the user has the obligation to identify or allow the contents used or entered by them to be their own or external and, in particular, to fulfill legal disclaimer obligations in an appropriate and complete manner.

4.7 If the user violates their statutory and contractual obligations and duties, they are fully responsible for the resulting damages. QRPlus is not obliged to check the user's usage behavior or the contents used, provided, or linked by users for possible legal or contractual violations. In the case of violation, illegal content, or suspected misuse, QRPlus has the right, regardless, to delete, block, or restrict contractual services, corresponding content, links, or codes without prior notice.

5. Standards, Liability, and Exemption

5.1 The aim of QRPlus is continuous availability and error-free functionality in the services provided. QRPlus provides users with its contractual services or its mediated services 24 hours a day but reserves the right, as necessary and to a reasonable extent, to restrict or shut down systems occasionally outside peak hours for maintenance or performance optimization. This does not constitute a violation of QRPlus's contractual obligations. Temporary access restrictions or the aforementioned failures do not result in user warranty claims and do not constitute the right to extraordinary termination by the user.

5.2 QRPlus excludes any liability for slightly negligent breaches of duty unless this concerns damages caused by endangerment of life, body, or health, or the violation of warranties or claims under the Consumer Protection Code is affected. Liability for fraudulent misrepresentation or violation of essential contractual obligations, the fulfillment of which is essential for the proper and due implementation of the contract and on which users can regularly rely, remains unaffected. In the case of a slightly negligent breach of these essential contractual obligations, QRPlus shall only be liable for damages foreseeable and typical of the contract. The same applies to breaches of duties by statutory representatives or agents of QRPlus.

5.3 QRPlus shall not be liable for any interruptions, disturbances, limitations, or other performance obstacles based on circumstances beyond the control of QRPlus.

5.4 The user is aware and accepts that software and web presences cannot be created completely error-free according to the current state of the art. It may also occur that a code cannot be read, interpreted, or processed by any terminal device. Despite diligent efforts by QRPlus, this cannot be completely ruled out by QRPlus. Additionally, QRPlus cannot assume responsibility for this or for damage to terminal devices caused by it.

5.5 The user releases QRPlus and its legal representatives, agents, and legal successors from all claims, demands, indemnification claims, damage claims, losses, rights, complaints, claims, and fees resulting from any violation of rights for which the user, their legal representatives, or indirect agents are responsible. This includes, for example, the violation of contractual, legal, or official regulations or specifications, the infringement of industrial property rights, copyrights, trademark rights, characteristic rights, personal rights, or other legal violations. The release also includes legal costs of appropriate legal defense. The release does not exempt the user from the obligation to indemnify QRPlus for damages caused by them, their legal representatives, or agents.

6. Compensation and Delay

6.1 Unless the corresponding QRPlus service is free of charge, the compensations and fees to be paid by the user, if any, are concretely presented in the respective service descriptions, including all related price components, calculation basis, payment processes, and payment conditions. The corresponding contractual invoice will be made available to the user by email or for download in their account with or after contract acceptance.

6.2 In the event of tax changes, QRPlus may adjust fees or prices of products or services from the date the tax change becomes effective.

6.3 QRPlus is not obligated to provide or unlock contractual services before receiving payment unless otherwise agreed between QRPlus and the user.

6.4 QRPlus reserves the right to charge for services that were previously provided free of charge after corresponding notice and/or to discontinue the provision of free services.

6.5 Compensations or fees are due upon contract acceptance by QRPlus based on the agreed contractual payment and must be paid in advance for the agreed contract period or the agreed-upon part of the contract period.

6.6 In case of payment delay, QRPlus may claim compensation from the user for the delay, in addition to legal interest, or may withhold contractual services until full payment. The user agrees to reimburse the costs resulting from return debits to the extent they are responsible for the circumstances that led to the costs.

6.7 If the user fails to meet their contractual payment obligations, QRPlus may set a reasonable grace period with a termination threat, after the expiry of which QRPlus may terminate the contract with the user extraordinarily and delete any data immediately, without implying a separate contractual obligation to delete the data immediately.

6.8 If the user does not make use of the contractual services, this does not exempt them from their payment obligations.

7. Property Rights and Data

7.1 As part of the contractual service provision, QRPlus and its service providers collect, store, and process personal data in accordance with the valid data protection rules, especially the Federal Data Protection Law of Brazil. Data may only be transmitted to third parties if it is necessary for the provision of services or if data transfer is a legal obligation. The user agrees to the collection, storage, and transfer of their data in accordance with the separate Privacy Policy.

7.2 All rights to QRPlus services and its labeling, including any trademarks, patents, copyrights, license rights, or any other proprietary rights or other rights, are exclusively owned by QRPlus and may only be used in accordance with explicit contractual agreements and only for the contractually agreed-upon period. In particular, the user is not permitted to copy, alter, or disassemble the software or create any processing to attempt to determine the source code. Furthermore, the user is not authorized to sell, assign software, or other products or services insofar as issuing sublicenses or transferring other rights to third parties or claiming any rights. The user's rights to the content they introduce remain unaffected.

7.3 If the contractual use of services or mediation services provided by QRPlus is affected by third-party property rights without fault of QRPlus, QRPlus may discontinue the affected services. In this case, QRPlus will inform the user and offer an appropriate substitute solution if possible.

8. Duration of the Contract

8.1 The contract is valid for the period agreed upon specifically between QRPlus and the user (contract duration) according to the contractually agreed notice period. To the extent that it is not explicitly agreed otherwise, the contract can be terminated with one month's notice before the contract expires. If there is no termination, the contract is extended for the same period. To the extent that there is no contractually agreed expiration, the contract will be concluded for an indefinite period, with one month's notice at the end of the first complete 12-month term after the end of the respective calendar year.

8.2 Termination must be formalized in writing and can be done via email.

8.3 The user can delete accounts and created content at any time without stating reasons, without this implying that the user's payment obligations end in the absence of effective termination of the contract.

8.4 After the termination of the contract, QRPlus is not obliged to store or make available contents, links, or data.

8.5 In case of blocking or deletion by QRPlus due to premature blocking or deletion requested or induced by the user, no refund request can be made against QRPlus.

8.6 The mutual right to extraordinary termination for an important reason remains unaffected. Considered important reasons for QRPlus are if the user significantly violates fundamental contractual or legal obligations, violates contractual obligations despite a warning, affects the security of QRPlus systems, other users, or third parties, alters or manipulates QRPlus services or its substitutes, provides or provides incorrect data at registration or during the term of the contract, provides or uses racist, pornographic, violent, immoral, or illegal content, or violates proprietary rights or personal rights of QRPlus or third parties.

8.7 A blocked or canceled user is not allowed to access or attempt to access QRPlus services.

8.8 Payments may be refunded in cases where QRPlus is responsible for extraordinary termination.

9. Contract Termination

9.1 Right of termination. If the user is entitled to a trial or test period of QRPlus's paid services, they may enjoy the services and cancel without any charges, without the obligation to make any payment, without reason in writing. The usage period of the trial or test period begins upon receipt of the registration confirmation email.

9.2 Consequences of cancellation. In case of cancellation, services received by either party and any benefits (e.g., interest) that may have accrued will be refunded. If the user is partially or fully unable to return the services and benefits (e.g., usage benefits) received from QRPlus or can only do so in a deteriorated condition, the user must, to that extent, provide appropriate compensation. This may require the user to fulfill their contractual payment obligations for the period until termination. Payment reimbursement obligations must be canceled within 30 days. The period will commence with the sending of the user's cancellation declaration, and for QRPlus with its receipt.

9.3 Premature expiration of the right of termination. The right of termination expires prematurely if the contract, with the express consent of the user, has been fully fulfilled by QRPlus and the user before the end of the cancellation period.

9.4 Agreement for the performance of services before the end of the cancellation period The user explicitly agrees that QRPlus begins the performance of contractual services before the end of the cancellation period. The user has been informed that, for this reason, they may have to pay compensation according to legal regulations on termination.

10. General Provisions

10.1 In case of a dispute arising out of or in connection with the business relationship with users, the registered office of QRPlus is also the legal venue if users are merchants, legal entities under public law, or special funds under public law or do not have a general legal venue in Brazil or another member state of Mercosur or change their domicile to a foreign country after these Terms of Use come into effect or if the user's residence or usual place of residence is not known at the time of filing the complaint. QRPlus's ability to appeal to another court of jurisdiction remains unaffected.

10.2 If individual regulations of these Terms of Use are ineffective or legally invalid, the effectiveness of the remaining regulations must not be affected by them.

10.3 QRPlus reserves the right to change these Terms of Use appropriately and reasonably. The user will not necessarily be informed about new versions of the Terms of Use, so they should periodically review them. If the user does not contest the applicability of the updated terms, the amended terms will be considered accepted by the user. QRPlus will inform the user separately and adequately if the significance of the change is compatible with the consequences of refusal and their silence. In case of refusal of consent, QRPlus reserves the right to terminate the contractual relationship.