Terms of Service

Definitions

• "Service" refers to the QRtrackr website, mobile applications, and QR code tracking services operated by trackrlabs.
• "QR Codes" refers to Quick Response codes generated through our Service.
• "Content" includes without limitation text, images, audio, video, graphics, and other materials.
• "User" or "you" refers to the individual or entity that is registered with us to use the Service.
• "User Content" refers to all content submitted, posted, published, or displayed by a user on the Service.
• "QRtrackr," "we," "us," or "our" refers to trackrlabs.

Account Terms

1. You must be at least 16 years old to use this Service.
2. You must provide accurate, complete, and up-to-date information when registering for an account.
3. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
4. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5. You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity without appropriate authorization.
6. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Subscription Terms

Some parts of the Service are billed on a subscription basis. Payment for subscriptions will be charged on a pre-paid basis on the day you sign up for a Subscription and will cover the use of that Subscription for the period specified.

Unless you cancel your subscription before the end of the applicable subscription period, your subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any payment mechanism we have on record for you.

You can cancel your subscription at any time by visiting your account settings. The cancellation will take effect at the end of the current billing period. We do not provide refunds for unused subscription periods.

We reserve the right to change our subscription plans or adjust pricing for our service in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes will take effect following notice to you.

Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate QRtrackr, a QRtrackr employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To generate QR codes that link to harmful, malicious, illegal, or offensive content
• To attempt to circumvent any security features of the Service
• To use the Service for any purpose that is fraudulent, deceptive, or harmful

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service
• Use any robot, spider, or other automatic device to access the Service for any purpose
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack

Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of trackrlabs and its licensors. The Service is 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.

User Content that you create, upload, or post through the Service remains your property. However, by uploading or posting User Content, you grant trackrlabs a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content in connection with providing the Service.

You represent and warrant that you own or have the necessary rights to all User Content that you post on or through the Service, and that such User Content does not violate the intellectual property rights or any other rights of any third party.

DMCA Notice & Takedown Procedure

QRtrackr respects the intellectual property of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please follow our Copyright Infringement Notification Procedure:

1. Send a written notification to our designated Copyright Agent at copyright@trackrlabs.com with the following information:
   • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright
   • Identification of the copyrighted work claimed to have been infringed
   • Identification of the material that is claimed to be infringing and its location
   • Your contact information, including address, telephone number, and email address
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized
   • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Upon receipt of a valid notification, we will remove or disable access to the infringing material and notify the user responsible for it.

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRACKRLABS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TRACKRLABS NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK. TRACKRLABS DOES NOT GUARANTEE THE FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ACCURACY OF QR CODES GENERATED THROUGH THE SERVICE.

Limitation of Liability

IN NO EVENT WILL TRACKRLABS, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR:

1. ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;
2. THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES;
3. INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;
4. ANY STATEMENTS OR REPRESENTATIONS MADE TO YOU BY ANY OTHER PARTY;
5. ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless trackrlabs, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Termination

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

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service 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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, 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.

Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes. The arbitration shall be conducted in San Francisco, California.

YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND TRACKRLABS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes through the Service or by other means, such as email. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service 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 Service.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by trackrlabs on the Service, constitute the entire agreement between you and trackrlabs concerning the Service.

Contact Us

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