Terms & Conditions

By accessing and using Our Site and Services, You agree to be bound by these Terms and Conditions ("Terms"). These Terms form a legally binding agreement between METAFUSION LTD, a private company limited by shares registered under the laws of England and Wales with a company number 14787915 and a registered address at 85 Great Portland Street, London, England, W1W 7LT (referred to as "Company", "We", "Us", or "Our") and any individual or legal entity utilizing the Services, whether on a free or paid basis (referred to as "You" or "Your"). These Terms apply to all users, whether registered as a User or using the Site as a Visitor, without registration. Additionally, Your use of the Services is subject to Our Privacy Policy.

If You accept these Terms or use the Services on behalf of a company or other legal entity, You affirm that You have the authority to bind that entity to these Terms, and in such cases, references to "You," "Your," or "User" will apply to that entity. If You've been granted access to and use of the Services on behalf of the primary Account holder, You also agree to adhere to these Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND POLICIES, OR IF YOU LACK PROPER AUTHORIZATION TO BIND ANY LEGAL ENTITY, EMPLOYER, OR PRINCIPAL, PLEASE EXIT THE SITE AND DISCONTINUE USING THE SERVICES.

1.USER RESPONSIBILITIES, REPRESENTAIONS AND WARRANTIES

Accessing or using Our Services is subject to meeting specific eligibility criteria as outlined in this clause. By accessing or using Our Services, you assert that you meet the following requirements:

  • To access or use Our Services, you must be at least 18 years old or the age of legal majority in your jurisdiction. If you are under the age of 18 (or the age of legal majority), you may only use Our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
  • If the Account is registered for a legal entity, you must hold the authorized capacity to represent the entity and legally commit it to these Terms. Furthermore, the entity must be validly incorporated or established in accordance with the laws of its jurisdiction.
  • You are required to adhere to all relevant laws, rules, and regulations governing your utilization of Our Services. This includes, but is not limited to, regulations concerning privacy, data protection, intellectual property, and online behavior.
  • Engaging in any activities that contravene these Terms, infringe upon the rights of others, or are unlawful, fraudulent, or abusive in nature is strictly prohibited.

Not fulfilling any of these requirements may lead to the termination or suspension of your access to Our Services. We retain the right to verify your eligibility at any time and to take necessary actions, such as requesting additional information or documentation, to ensure compliance with these requirements.

2.SCOPE OF SERVICE

Within our Services, We offer You the ability to create, generate, manage, and track QR codes. The functionality to create QR codes is available to all Users, irrespective of the selected Plan. However, it's essential to note that the quantity of QR codes that can be generated may be restricted based on the chosen Plan. For comprehensive and current details regarding pricing and associated limits, please consult the "Pricing" section on the Site: https://qrcodefusion.com/pricing. Once all necessary information and customization have been provided, You can download the generated QR code onto Your device in Your preferred format using the provided extensions, making it ready for distribution, printing, or digital deployment.

3.UPDATE TO THE SERVICES

We reserve the right to modify, add, or remove features, content, or Services on the Site without prior notice. Additionally, we may address and resolve bugs and issues on the Site. During bug fixing and maintenance, certain functionalities of the Services may be temporarily restricted or modified. The duration of these limitations will be determined by us based on the time required for necessary corrections and bug fixes. Users acknowledge and accept that we are not obligated to provide advance notice of such modifications. Continued use of the Services after updates implies implicit consent to the Terms.

4.FREE TRIAL ACCOUNT

When accessing the services provided by Us, You can do so through a trial period or a paid plan. If you sign up for a free trial account of the Service, we will provide access to the Service (on a limited basis) free of charge until the start date of your subscription or the expiration of the free trial. Additional terms and conditions on the free trial account registration web page, if any, will also apply.

During the free trial account period:

  • The Service is provided "as is" and without any warranty.
  • We reserve the right to suspend, limit, or terminate the Service for any reason at any time without notice.
  • We will not be liable for any damages related to your use of the Service.

The trial period allows you, as a user, to enjoy the functionalities of a paid plan for a limited period of time. After this period of time, the user will be able to stay on the paid plan that was being tested by paying the price. Otherwise, if you choose not to pay for a paid plan, your account will remain in "Trial" status and QR codes will be disabled until you decide to switch to a paid plan or choose to delete your account, or until we decide to delete old inactive accounts.

5.FEES AND PLANS

Subscription Period

When purchasing a paid Plan, users will be charged at the current rate stated at the time of initial purchase on a recurring basis corresponding to the Subscription term, unless canceled by the User. By selecting a specific Plan and providing payment details to the Company or its designated Financial Agent, users consent to recurring charges at the current Subscription rate.

Subscription terms and rates for each available Plan may change, and users agree to pay the applicable Subscription rate unless they cancel their Subscription.

The duration of a Subscription to a Plan, chosen by the User, may be either 1 month or 1 year. At the end of each Subscription period, the paid Subscription for the relevant Plan will automatically renew for the chosen duration, as selected by the User during the purchase process. Users acknowledge and agree that failure to cancel the Subscription within the specified timeframe authorizes automatic renewal, with charges applied accordingly. It is the User's responsibility to maintain accurate contact, credit card (if applicable), and billing information on the administrative control panel.

Taxes

The User acknowledges that all applicable taxes, duties, or government levies are included in the fees and expenses charged under this Agreement.

Change of Subscription

Users have the option to switch to a different Plan.

When upgrading to a paid Plan, Users are required to pay the full price specified for the new Plan on the Site.

If moving from a lower-priced Plan to a higher one, Users only pay the price difference between the two plans, adjusted for the remaining duration of the current Subscription period.

On the other hand, transitioning from a higher-priced Plan to a lower one necessitates Users to pay the full cost of the lower-priced Plan. However, the activation of the lower-priced Plan begins after the expiration of the current higher-priced Plan. Refunds or credits for the price difference between Plans are not provided.

Upon transitioning to the new Plan, the previous Plan terminates, with Users unable to use Services under multiple Plans simultaneously. Users must ensure their account complies with the limitations of the new Plan, which may involve removing excess QR codes, projects, templates, or designs.

Subscription Cancellation

To discontinue the utilization of the Services under a paid Plan and terminate the Subscription, Users must initiate the cancellation through their Account before the expiration of the Subscription period to avoid automatic renewal and subsequent charges.

Upon cancellation, automatic renewal ceases, but Users retain access to the Services under the paid Plan until the end of the current subscription period. The Company is not obligated to refund any remaining Subscription cost after cancellation, and Services will continue until the paid Subscription period expires.

If recurrent payment for the Plan is not processed as scheduled, extended access to the Services under the paid Plan will automatically terminate.

Users understand and accept that upon cancellation, they forfeit the opportunity to reinstate the Subscription at the original price if pricing has been revised. Any reinstatement will be at the new price, which may differ from the previous one.

Following Termination

Upon termination, fees owed will not be cancelled or waived. The User's data and account settings will be irrevocably deleted within thirty (30) days from termination. It is the User's exclusive responsibility to secure necessary data from their account before termination.

Suspension of Service

We may suspend the Service without liability if (a) the Service is believed to be used in violation of this Agreement or any applicable law; (b) the user breaches any material term, including failure to pay within thirty (30) days of the Due Date. During suspension, the user cannot access files on our servers. Advance written notice will be given unless law enforcement or governmental agency directives or immediate suspension is necessary to protect Us or our Users.

6.REFUND POLICY

Our policy entails no refunds for any Subscription payments. Once you purchase a Plan and complete payment, all transactions are considered final and non-refundable. This policy stands firm in all circumstances, unless explicitly stated otherwise in these Terms or mandated by applicable law.

By agreeing to these Terms, you acknowledge and accept that purchasing a Plan signifies a binding commitment that cannot be refunded under any circumstances.

Should a refund dispute arise, your access to the paid Plan will be suspended during the resolution process. Consequently, the use of previously created QR codes and the creation of new ones will be subject to the conditions and limitations of the free Plan.

If a refund is granted by the Financial Agent in your favor, the corresponding Plan will be canceled. Please note that the refund amount may not cover the full cost of the original Plan, as deductions may be applied for fees and expenses incurred by the Financial Agent.

In the event that your refund request is declined, the Plan will be reinstated, and its validity will extend for the remainder of the paid period. The Subscription period for the Plan will be extended to accommodate the duration of the dispute resolution and suspension period by the Financial Agent.

7.USER CONTENT

Within our platform and services, you have the ability to create, share, and interact with various types of content, collectively known as "User Content." This may include text, files, videos, audio, images, suggestions, information (such as your name, e-mail address, etc.), comments, reviews, and more.

By using this platform, you agree not to share any User Content that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, and trade secrets, without obtaining proper permission. Your User Content must be original, truthful, and non-deceptive, and must not contain any tortious, obscene, offensive, or discriminatory material. It should not promote violence, discrimination, or unlawful activities, nor contain harmful elements like viruses or malware. Additionally, it must respect the privacy of individuals, refrain from cyberbullying or harassment, and avoid unauthorized advertising or solicitation. Your User Content must comply with all applicable laws and regulations and should not advertise or sell illegal substances, weapons, or engage in activities involving gambling or the risk of financial loss.

We reserve the right to monitor and moderate User Content to ensure compliance with our guidelines and terms of service. Any User Content found to infringe upon these guidelines or pose a risk to our community may be removed or taken down.

Additionally, we may remove User Content in response to official requests from authorities, such as law enforcement agencies, if it violates laws or regulations, or threatens the security or integrity of our platform. We'll handle such requests in accordance with applicable laws and regulations, and take necessary actions to fulfill our legal obligations. Users acknowledge that our decisions regarding the removal of User Content in response to official requests are final. We won't be held liable for any damages or losses resulting from such actions, and Users agree to indemnify and hold us harmless against any claims or liabilities arising from the removal of User Content in compliance with official requests.

Right to Use Logo

The user consents to us using their organization’s logo in customer lists and on various platforms, including its website, promotional materials, social media pages, and other marketing platforms. If a customer wishes to withhold consent for the use of its logo, they can contact customer support.

8.TERMS OF ACCEPTABLE USE

As a condition of Your use of the Services, and without limiting Your other obligations under these Terms, You agree to comply with the restrictions and rules set forth in this section as well as any additional restrictions or rules set forth in the Terms and Conditions itself.

  1. Breaching Security Measures: You must refrain from any unauthorized attempts to breach authentication or security measures, including accessing, modifying, or unlawfully using shared or non-public service areas.
  2. System Vulnerability: You are prohibited from scanning or testing the vulnerability of our systems or network in any manner
  3. Network and Service Disturbance: Any actions that disturb or impede the network, host, or user experience of the service, such as overloading or spamming, are strictly prohibited.
  4. Non-Compliance: You must adhere to all requirements, procedures, policies, or regulations of networks connected to QR CODE FUSION websites and its applications.
  5. Legal Violations: Violating any local, state, national, or international laws or infringing upon the privacy or rights of others is strictly prohibited.
  6. Exploitative Practices: You must not exploit QR CODE FUSION solutions, features, or goodwill beyond reasonable or fair behavior.
  7. Account Misuse: Misusing or creating accounts for malicious purposes, including bulk creation not aligned with publicly supported interfaces, is prohibited.
  8. User Disruption: Sending unsolicited communication, advertisements, or spam that disrupts other users of the service is not allowed.
  9. Unauthorized Promotions: Sending advertisements or promotions for products or services other than your own without appropriate authorization is prohibited.
  10. Impersonation and Data Collection: You must not impersonate or falsely claim a connection with any entity or individual, nor store or collect data or personal information of other users of the service.
  11. Intellectual Property Infringement: Infringement of intellectual property rights, such as publishing, sharing, or downloading posted files without authorization, is strictly prohibited.
  12. Promotion of Hate: Promoting bigotry or hatred against any person or group based on their ethnicity, race, sex, gender identity, religion, sexual orientation, disability, or impairment is not allowed.
  13. Harassment and Threats: Threatening, defaming, harassing, abusing, or violating the legal rights of QR CODE FUSION representatives, staff, and users of the service is strictly prohibited.
  14. Deceptive Practices: Creating fake identities, falsifying email addresses, or sending deceptive information with the purpose of disguising the origin of user content transmitted through our websites, including "phishing" or "spoofing," is not allowed.
  15. Unlawful Behavior: Any other unlawful behavior that might compromise users and customers of QR CODE FUSION is strictly prohibited. Violation of these terms may result in the immediate revocation of your license and could lead to legal consequences. The Company reserves the right to take appropriate actions, including terminating your account, without prior notice if your behavior is deemed to contravene these guidelines or the essence of the Terms or Services.

9.INTELLECTUAL PROPERTY

Ownership

By using the Services and generating QR codes, you understand and agree that you are granted a license to access and utilize these features. However, you do not acquire ownership of the Services or any results produced, such as QR codes. Instead, you are granted the right to use them in accordance with the Terms. All other rights, including proprietary, copyright, and intellectual property rights, remain with the Company or the respective owners of individual components of the Services. You do not hold any title, interest, or ownership rights beyond what is expressly outlined in the Terms.

Additionally, you acknowledge that the Services and all underlying ideas, methods, algorithms, formulas, and concepts are the trade secrets and proprietary property of the Company or other entities who have granted the Company the right to utilize certain components.

Intellectual Property Rights:

The Company owns the intellectual property rights to the Site, Services, and all associated elements, excluding those exclusively owned by third parties. These rights are safeguarded by applicable legislation in England and Wales, including copyright laws and international agreements.

Intellectual property objects owned by the Company include, but are not limited to:

  • Program Code: Source code, algorithms, and scripts.
  • Design Elements: Visual components, icons, logos.
  • Text: Written content, including guides and manuals.
  • Derived Works: Modifications or enhancements based on the original Services.
  • Industrial Property: Inventions, designs, trademarks, trade names.

Your use of the Services is strictly limited to the functionality provided. Any use of Site elements or content beyond these limits requires prior permission from the Company. All rights not explicitly granted by the Terms are reserved by the Company and its licensors.

The Company has full ownership, licensing, or usage rights for all intellectual property objects within the Services and Site. Any unauthorized use constitutes a breach of the Terms and may result in legal liability under the laws of England and Wales. Unauthorized use of Services or Site elements is strictly prohibited.

License of Customer Software and Intellectual Property

The User grants Us a license during the Term to use any necessary Intellectual Property Rights, including Software, owned or licensed to the User by third parties, solely for providing the Services and fulfilling its obligations under this Agreement.

Regarding any Intellectual Property Rights and Software used by Us to deliver the Services, the User affirms and warrants that: (a) they are the owner of such Intellectual Property Rights or Software or are authorized by the owner to include it in this Agreement, and (b) We have the right, during the Term, to use such Intellectual Property Rights and Software for the purpose of providing the Services to the User as outlined in this Agreement.

No Assurance of Compatibility

The user acknowledges that we do not guarantee the compatibility of the user’s equipment and Software with our equipment, Software, systems, or the Services.

10.WARRANTIES

Our Services are provided "AS IS", "AS AVAILABLE", and "AS IT EXISTS." Your utilization of these Services is solely at your own risk. We explicitly disclaim all warranties, whether expressed or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Despite our commitment to implementing reasonable technical and legal precautions for the safe use of our Services, you acknowledge that your usage remains subject to inherent risks.

We make no guarantees that:

  1. The Services will meet your specific requirements or expectations.
  2. The Services will be consistently available, with fast, reliable, and error-free access.
  3. The Services will be free from interruptions, errors, or defects.
  4. The Services will be devoid of viruses or other harmful components.
  5. Any errors or defects in the Services will be promptly corrected.
  6. Your device meets all prerequisites for uninterrupted Service functionality.
  7. Technical support will be provided within expected timeframes.
  8. QR codes generated through the Services will be fully functional and scannable by standard QR code readers.
  9. The Services will yield specific outcomes or benefits.
  10. The Services will remain unaffected by defects arising from third-party products or services.
  11. Changes to the custom domain will not impact the functionality or accessibility of QR codes associated with your Account.
  12. We can restore or recover QR codes or associated data in the event of loss or corruption due to changes in the custom domain.

We disclaim responsibility for any products or services advertised or offered by third parties through our Services. We are not liable for monitoring transactions between you and third-party providers. Exercise caution and use your judgment when engaging with third-party products or services.

By utilizing our Services, you warrant that:

  1. You possess the legal capacity to use the Services and adhere to the Terms.
  2. Your actions will not detrimentally affect the operation of the Services or the Site.
  3. You will not employ the Services to violate any applicable laws or regulations.

You accept full responsibility for any legal or financial repercussions resulting from your use or access to the Services. Your discretion and risk govern your use, with all associated liabilities and consequences applicable to you, your device, or system.

You understand that anyone with access to your QR codes created through the Site can freely scan and review them, including your User Content, potentially sharing them with others.

11.GOVERNING LAW

This Agreement is governed solely by the laws of England and Wales. In case of any claim or suit, exclusive jurisdiction and venue are in the courts of England and Wales. Users agree to pay reasonable attorney’s fees and costs in enforcing this Agreement.

12.LIMITATION OF LIABILITY

Both the Company and You are obligated to fulfill their obligations under these Terms in accordance with the current laws of England and Wales. However, to the fullest extent permitted by applicable law, the Company shall not be held liable for:

  1. Any failure of the Services to meet the expectations of Users or Visitors.
  2. Errors or malfunctions within the Services.
  3. Typographical errors, inaccuracies, omissions, or defects within the Services, including any untimely or inaccurate information.
  4. Direct, indirect, consequential, actual, or incidental damages resulting from the temporary suspension of the Services.
  5. The security or content of third-party websites linked to the Site or Services.

  6. Losses or damages resulting from the breach of the Terms by other Users or Visitors.
  7. Difficulties accessing the Services due to inadequate Internet connections.
  8. Activities conducted by minors without the necessary consent from their parents or legal guardians.
  9. Misrepresentation or fraud regarding the Services.
  10. Damages incurred by Users who fail to cancel their Subscription in a timely manner.
  11. Inability to resolve issues encountered by Users or Visitors when contacting technical support, beyond the Company's direct control.
  12. Payment transaction procedures, including those of the Financial Agent, and currency conversion rates.
  13. Security or content of third-party websites linked to the Site or Services.
  14. Security of User Accounts, including unauthorized access, hacking, or other breaches.

  15. Disruptions in functionality or inaccuracies resulting from modifications made to custom domains by Users.
  16. Loss of data, business opportunities, or damages resulting from modifications to QR codes due to changes in custom domains.
  17. Delays, interruptions, or inaccuracies in QR code functionality resulting from connections to custom domains.

While some jurisdictions may not allow limitations of liability, the Company emphasizes that you use the Services at your own risk and are solely responsible for any consequences, damages, or losses resulting from such use.

You are also solely responsible for any damage resulting from your failure to obtain permission to post or publish information or materials as part of the User Content.

Neither Party shall be liable for any indirect, exemplary, special, or consequential damages, including loss or corruption of data, interruption or loss of business, or loss of revenues, profits, goodwill, anticipated sales, or savings, even if such damages were foreseeable.

By agreeing to these Terms, you acknowledge and agree that:

  • The Company's liability, in the event of any claims arising from the use of the Services, is limited to the amounts you have paid for access to and use of the Services.
  • The limitations of damages outlined above are fundamental terms of these Terms and are integral to them.

13.FORCE MAJEURE

The Company shall not be held liable for any delays, failures, or interruptions in the operation of the Services caused directly or indirectly by force majeure circumstances. These may include but are not limited to:

  • War or hostilities
  • Earthquake, flood, fire, and other natural disasters
  • Power outages or Internet interruptions
  • Hardware and/or software malfunctions
  • Virus attacks
  • Actions of public authorities
  • Any other circumstances beyond Our control.

During such events, the Company's ability to provide uninterrupted Services may be affected, and We shall not be held responsible for any resulting inconvenience or damages.

14.INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its respective employees, officers, directors, agents, contractors, and other representatives from any and all claims, demands, actions, losses, liabilities, and expenses, including attorneys' fees and costs, arising from or related to:

(a) any breach of the Terms by You or negligence on Your part,

(b) any act or omission in connection with Your use of the Services,

(c) Your User Content.

You agree to reimburse the Company promptly for any defense costs incurred and any payments made or losses suffered by the Company, whether through court judgment or settlement, arising from matters covered by this section.

The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are obligated to indemnify Us. You agree to cooperate with Our defense of such claims and not to settle any matter without Our prior written consent. We will make reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

If You are legally prohibited from entering into the indemnification obligation stated above, then You assume, to the extent permitted by law, all liability for the claims, demands, actions, losses, liabilities, and expenses covered by the indemnification obligation above.

15.TERM AND TERMINATION

Your agreement with us begins upon your initial use of the Services and continues until terminated as described below.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT LIABILITY OR PRIOR NOTICE, TO DENY ACCESS TO OR USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO BREACH OF THESE TERMS OR APPLICABLE LAWS. WE MAY TERMINATE YOUR ACCESS OR PARTICIPATION IN THE SERVICES, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME, WITHOUT NOTICE.

If we terminate or suspend your account, you may not register again under your name or any other name, whether real or fictitious, without our permission. We may also pursue legal action, including civil, criminal, and injunctive remedies.

Deleting your account constitutes termination of the Terms, unless you continue to use the Services as a Visitor. Upon termination, your rights to access and use the Services cease immediately. However, any outstanding payment obligations and provisions intended to survive termination remain in effect. No (partial) refunds or reimbursements will be issued for fees paid for Subscriptions.

16.REVISIONS TO THE TERMS

As we strive to enhance the Site and Services for improved functionality and user experience, we may need to revise the Terms to reflect these updates or for other reasons. This could include changes to our practices and policies. Therefore, you acknowledge and agree that we have the right to update or modify these Terms as necessary.

Any modifications or updates to the Terms will become effective when: (a) posted on our Site or sent via email notification; and (b) you subsequently use our Site or Service.

It is your responsibility to regularly review the Terms and the Site for any changes. Your continued access and use of the Site or Services after any modifications to these Terms indicate your acceptance of the updated Terms. If you disagree with any revisions to the Terms, please cease using the Site and Services and, if applicable, terminate your Account promptly.

17.CONTACT DETAILS

Should you have any inquiries, concerns, or suggestions regarding the Terms or the Services, please feel free to reach out to us for assistance at support@qrcodefusioncom. We're here to help!