Terms & Conditions

1. Introduction

Welcome to trackrLabs, QRtrackr, and NFCtrackr (collectively referred to as "Services", "we", "us", or "our"). These Terms & Conditions ("Terms") govern your access to and use of our websites, applications, and services.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

2. Definitions

"Content" refers to text, graphics, images, music, software, audio, video, information or other materials.

"User Content" means any Content that users submit, upload, publish, or transmit to, through, or in connection with the Services.

"trackrLabs Content" means all Content that trackrLabs makes available through the Services.

"Collective Content" means, collectively, trackrLabs Content and User Content.

3. Account Registration

To access certain features of the Services, you must register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any term of these Terms.

4. User Eligibility

The Services are intended solely for users who are 16 years of age or older. By accessing or using the Services, you represent and warrant that you are 16 years of age or older.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and you agree to be bound by these Terms on behalf of such entity.

5. User Conduct

You agree not to use the Services to:

• Violate any applicable law, regulation, or these Terms
• Infringe the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
• Use any robot, spider, scraper, or other automated means to access the Services
• Collect or harvest any personally identifiable information from the Services
• Engage in any activity that interferes with or disrupts the Services

6. Intellectual Property Rights

The Services and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of trackrLabs and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of trackrLabs.

You retain all your ownership rights in your User Content. By uploading or posting User Content to the Services, you grant trackrLabs a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting the Services.

7. QR Codes and NFC Tags

Our Services allow you to create, manage, and track QR codes and NFC tags. You are solely responsible for the content linked to or displayed through your QR codes and NFC tags.

You agree not to create QR codes or NFC tags that link to or display content that violates these Terms, including but not limited to content that is illegal, harmful, or infringes on the rights of others.

We reserve the right to disable any QR code or NFC tag that, in our sole discretion, violates these Terms or is otherwise objectionable.

8. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by trackrLabs.

trackrLabs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that trackrLabs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Subscription and Payments

Some aspects of the Services may be provided for a fee. You will be required to select a payment plan and provide accurate information regarding your payment method.

You agree to pay all fees at the prices then in effect for your subscription. You authorize us to charge your chosen payment provider for any such fees.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

10. Cancellation and Refunds

You can cancel your subscription at any time by contacting us or through your account settings. Your cancellation will take effect at the end of your current billing period.

Refunds may be issued at our discretion. If you believe you are entitled to a refund, please contact our customer support team.

11. Limitation of Liability

In no event shall trackrLabs, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

12. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

trackrLabs, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements

13. Indemnification

You agree to defend, indemnify, and hold harmless trackrLabs and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, all disputes shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and trackrLabs waive any right to a jury trial.

16. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

18. Entire Agreement

These Terms constitute the entire agreement between you and trackrLabs regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

19. Contact Information

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

trackrLabs, Inc.
1234 Innovation Way
San Francisco, CA 94103
Email: legal@trackrlabs.com
Phone: (555) 123-4567