Terms & conditions

1. Definitions

In these general terms and conditions of use (hereinafter: "Terms"), the following definitions apply:

QR Performance: the service provider, established in Tilburg, the Netherlands, registered in the Chamber of Commerce under number 17222700;
Service: the online platform for creating, managing, and analyzing QR codes, including all related functionalities and services;
User: any natural person or legal entity that uses the Service;
Account: the personal access to the Service;
Static QR Code: a non-modifiable QR code that directly links to the destination specified by the User;
Dynamic QR Code: a manageable QR code whose destination can be modified and whose usage is analyzed;
Agreement: any agreement established between QR Performance and the User, including any modification or addition thereto, as well as all legal acts in preparation and execution of that agreement;
Security Incident: any event that leads to (or could reasonably lead to) unauthorized access to, loss, modification, disclosure, or destruction of data processed by QR Performance, including but not limited to: hacking, phishing, data breaches, malware attacks, misuse of login credentials, security system failures, or other actions that compromise the integrity, confidentiality, or availability of the Service or data.
Illegal Content: content that violates applicable laws and regulations, including but not limited to: content that infringes intellectual property rights, causes privacy violations, is defamatory, fraudulent, discriminatory, hateful, violent, or pornographic, or that directly or indirectly incites criminal offenses or other unlawful activities, as determined by the law of the jurisdiction where the content is used or where QR Performance is established.

2. Applicability and Amendments

2.1. These Terms apply to all Agreements, offers, and services of QR Performance, as well as to all legal relationships between QR Performance and the User.

2.2. The applicability of any purchasing or other conditions of the User is explicitly rejected.

2.3. These Terms have been drafted under and are governed by Dutch law. All disputes arising from or in connection with these Terms or the services of QR Performance shall be exclusively submitted to the competent court in the district where QR Performance is established.

2.4. QR Performance reserves the right to unilaterally modify or supplement these Terms. Changes will be announced at least 30 days before taking effect via the website and/or by email. If the User does not wish to accept the changes, they have the right to terminate the Agreement effective on the date when the change takes effect.

3. Account and Subscription

3.1. To use the Service, the User must register for an Account and subscribe to a plan.

3.2. QR Performance offers various subscription plans with distinctive features and limits as stated on the website. QR Performance reserves the right to modify the content and scope of the subscription plans.

3.3. The User is responsible for the accuracy and completeness of all information provided during registration.

3.4. The User is fully responsible for keeping login credentials confidential and for all activities that occur through the Account. The User must immediately notify QR Performance of any unauthorized use of the Account or other Security Incidents.

4. Service Provision and Use

4.1. QR Performance offers the ability to create Static and Dynamic QR codes within the limits of the chosen subscription.

4.2. Regarding Dynamic QR codes:

All traffic is routed through QR Performance's servers;
Analytics and statistics are maintained in accordance with the Privacy Policy;
Service provision is guaranteed for up to 1 year after subscription expiration, unless circumstances as mentioned in Article 8 apply.

4.3. The User accepts full responsibility for:

The accuracy and legality of all entered data;
The content to which the QR codes link;
Regular checking and verification of QR code functionality, particularly after any change in the destination or content of a Dynamic QR code;
Compliance with all applicable laws and regulations.

4.4. The User acknowledges that the Service may be subject to maintenance or technical issues that may temporarily limit availability. QR Performance will strive to minimize the impact of such issues but cannot guarantee uninterrupted availability.

5. Prohibited Use and Termination

5.1. The User is not permitted to use the Service for activities that include, but are not limited to:

Linking to websites with Illegal or unlawful content;
Activities related to weapons, drugs, or other prohibited substances;
Facilitating criminal activities;
Infringing on third-party rights;
Spreading viruses, malware, or conducting other harmful activities;
Activities that violate the law, public order, or morality;
Activities that may harm the interests and/or reputation of QR Performance.

5.2. In case of violation of Article 5.1 or reasonable suspicion thereof, QR Performance is entitled, without prior notice and without being liable for any compensation:

To immediately remove the relevant QR codes;
To immediately block or terminate the Account;
To terminate the subscription without refunding any subscription fees already paid.

5.3. QR Performance reserves the right to report criminal offenses and to provide relevant information to competent authorities.

6. Privacy, Data Processing, and Intellectual Property Rights

6.1. The processing of personal data is subject to QR Performance's Privacy Policy, which can be accessed via this link.

6.2. QR Performance processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation.

6.3. If QR Performance receives a complaint from a third party regarding (alleged) infringement of intellectual property rights or other rights by content to which a QR code links, QR Performance will:

Investigate the complaint and, if found valid, contact the relevant User;
Provide the User with the opportunity to rectify the situation within a reasonable timeframe;
In the absence of an adequate response or solution, have the right (but not the obligation) to deactivate or remove the relevant QR code(s);
Not be liable for any damage resulting from measures taken in response to such complaints.

7. Liability and Indemnification

7.1. For Users acting in the course of their profession or business (B2B):

The total liability of QR Performance for an attributable failure in the performance of the Agreement, unlawful act, or on any other grounds, is limited to compensation for direct damage up to the maximum amount that the User has paid for the Service in the relevant calendar year.
Liability for indirect damage, consequential damage, lost profits, missed savings, reduced goodwill, damage due to business interruption, and damage resulting from third-party claims is excluded.

7.2. For Users acting as natural persons, not in the course of profession or business (consumers):

QR Performance is liable for damage resulting from an attributable failure in the performance of its obligations under the Agreement, to the extent that this damage can be attributed to QR Performance by law.
The liability limitation to the annual amount as mentioned in Article 7.1 does not apply to damage resulting from intentional or deliberately reckless conduct by QR Performance.
Limitations of liability in these Terms do not apply if they conflict with mandatory consumer law provisions.

7.3. Regardless of whether the User acts as a consumer or in the course of profession or business, QR Performance is not liable for:

Damage resulting from incorrect or improper use of the Service;
Damage resulting from the unavailability of the Service;
Damage caused by content to which QR codes link;
Damage resulting from the User's actions or omissions in violation of these Terms.

7.4. The limitations of liability in this article do not apply if and to the extent that the damage results from intentional or deliberately reckless conduct by QR Performance.

7.5. The User acting in the course of profession or business indemnifies QR Performance against all third-party claims, on whatever grounds, regarding compensation for damage, costs, or interest relating to this Agreement and/or the Service.

8. Force Majeure

8.1. QR Performance is not obliged to fulfill any obligation towards the User if prevented from doing so due to a circumstance that is not due to fault, and for which it bears no responsibility by law, legal act, or generally accepted standards.

8.2. Force majeure in these Terms means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which QR Performance cannot exert influence but which prevent QR Performance from fulfilling its obligations. These include but are not limited to:

Natural disasters or extreme weather conditions;
War, terrorism, or domestic unrest;
Cyber attacks, including hacking and DDoS attacks;
Disruptions in telecommunication infrastructure and internet connections;
Disruptions due to maintenance of hosting, servers, telecommunication infrastructure, and internet connections;
Power outages;
Government measures;
Pandemics or epidemics.

8.3. QR Performance can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the Agreement without obligation to compensate the other party for damages.

9. Third-Party Abuse and Security

9.1. QR Performance strives to provide a safe and reliable service but cannot guarantee that third parties will never gain unauthorized access to QR codes, user accounts, or servers.

9.2. The User is responsible for choosing a strong password and protecting their login credentials. QR Performance is not liable for damage resulting from unauthorized access by third parties due to negligent behavior by the User.

9.3. QR Performance accepts no liability for damage resulting from modifications to QR codes by unauthorized parties or use of QR codes for illegal or harmful purposes.

9.4. QR Performance does not actively monitor the content of QR codes and is not liable for damage caused by the content being linked to. Users are responsible for complying with applicable laws and regulations.

9.5. In the event of a Security Incident, QR Performance will make reasonable efforts to limit the impact and timely notify affected Users, without liability for direct or indirect damage.

10. Duration, Suspension, and Termination

10.1. Subscriptions are entered into for the period specified on the website and are automatically renewed for the same period unless the Agreement is terminated in accordance with the notice period.

10.2. QR Performance reserves the right to:

Discontinue the service in whole or in part;
Not renew subscriptions upon service termination;
Continue the service for Dynamic QR codes for a maximum of 1 year after subscription expiration.

10.3. Upon service termination, QR Performance will:

Announce this in writing at least 3 months in advance;
Ensure a controlled phase-out or transfer of the service.

10.4. QR Performance has the right to suspend the execution of the Agreement or to terminate the Agreement if:

The User fails to fulfill their obligations under the Agreement, either not at all, incompletely, or not in a timely manner;
After concluding the Agreement, circumstances come to QR Performance's attention that give good reason to fear that the User will not fulfill their obligations;
Due to delay on the User's part, QR Performance can no longer be expected to fulfill the Agreement under the originally agreed conditions.

11. Changes and Maintenance

11.1. QR Performance has the right, without prior notice and without becoming liable for damages, to:

Modify the functionality of the Service;
Perform maintenance on the Service;
Temporarily disable the Service;
Limit the use of the Service if deemed necessary in its opinion.

11.2. QR Performance will endeavor to announce planned maintenance work in advance, insofar as reasonably possible.

12. Applicable Law and Disputes

12.1. These Terms, as well as all Agreements and all disputes arising from or related to them, are exclusively governed by Dutch law.

12.2. All disputes arising from or in connection with these Terms and/or the services of QR Performance shall be submitted exclusively to the competent court in the district where QR Performance is established.

13. Final Provisions

13.1. If one or more provisions in these Terms are at any time wholly or partially null and void or invalidated, the remainder of these Terms shall remain fully applicable. Parties shall then enter into consultation to agree on new provisions to replace the null and void or invalidated provisions, whereby the purpose and intent of the original provisions shall be observed as much as possible.

13.2. The failure to immediately enforce any right or power shall not affect or limit QR Performance's rights and powers under these Terms. Waiver of any provision or condition in these Terms shall only be effective if made in writing.

13.3. In case of questions, comments, or complaints, contact can be made through our contact page: click here

Version: 2024-11-27 | EN | 1.0

General Terms and Conditions of Use QR Performance