LinQR® is a trade name of QR8.

These Terms and Conditions were drawn up on June 21, 2022, and serve as an agreement between the customer/client/user of the software and digital services provided by QR8 and QR8. Before the customer/client/user starts using the software and/or services, they must first read the provisions below. By using the digital services in the broadest sense of the word, the customer/client/user agrees to be bound by the provisions of these Terms and Conditions. QR Code is the registered trademark of DENSO WAVE INCORPORATED. Please read these Terms and Conditions carefully before using our service. By using our service, you indicate that you accept these Terms and Conditions and agree to comply with them.

Article 1 – Definitions

In these Terms and Conditions and/or agreement, the following terms are used with the meanings given below, unless otherwise indicated or apparent from the context:
1. QR8: QR8.nl, with trade names QR8, QRazy, CityMApp, based in Lienden, registered with the Chamber of Commerce under number 63506009;
2. customer and/or user and/or client: the person who uses the software, platform, and/or digital services made available by QR8;
3. Software, platform, and/or digital services: the software and platform made available by QR8 for hosting and developing static and dynamic QR codes, as well as all digital services in the broadest sense of the word;
4. design QR codes: All QR codes digitally edited by QR8 to obtain a personalized appearance;
5. website: https://www.qr8.nl, https://qrazy.nl, https://citymapp.eu and all other domains owned by QR8.

Article 2 – Agreement, Subscription

2.1 Under these Terms and Conditions and/or agreement, QR8 grants the customer/user a non-transferable, non-exclusive right to use the software and/or platform offered by QR8, as well as all associated documentation and any update, new version, translation, adaptation, modification, derivative product, or copy thereof, provided the customer meets their payment obligations to QR8 and under the conditions included in this agreement.
2.2 The use of the software and/or platform for generating static QR codes is free of charge. Static QR codes can be used indefinitely and without limitations. For the use of the software and/or platform for dynamic QR codes, the customer pays an annual subscription. The design and personalization of QR codes are done according to a quotation. The applicable rates are mentioned in QR8’s quotations and agreements and are exclusive of VAT.

Article 3 – Duration of the Agreement, Termination, Right of Withdrawal

3.1 The agreement is entered into for a minimum of 1 year. The agreement is automatically and tacitly extended by 1 year. If the customer does not wish to extend, the customer must cancel in writing or by email no later than 1 month before the end of the contract year.
3.2 Right of withdrawal: Given the type of product, specifically created and developed digital QR codes for the customer, the right of withdrawal does not apply.
3.3 Interim termination is not possible, nor is a refund of already paid amounts, to the extent permitted by law.
3.4 QR8 reserves the right to dissolve the agreement at any time without judicial intervention if the customer has applied for a suspension of payments or has been declared bankrupt.
3.5 Both parties are entitled to dissolve the agreement in whole or in part out of court by means of a registered letter to the other party if the other party seriously fails to fulfill its obligations and the defaulting party, even after a written notice of default, fails to fulfill its obligations within a reasonable period.
3.6 QR8 reserves the right to terminate an account, subscription, and/or login details if they have been inactive for more than a year.
3.7 If the agreement is terminated or dissolved, the customer is obligated from the date of termination of the agreement to immediately refrain from anything to which they are entitled under this agreement, including but not limited to using the platform.
3.8 If the agreement ends, QR8’s obligation to provide services and the customer’s right to use those services ends immediately. The customer’s data and any backups thereof will then be irretrievably deleted. QR8 is not required to notify the customer of the data deletion and accepts no liability for the consequences of the data deletion.

Article 4 – Support and Maintenance

4.1 QR8 will provide online support to the customer for the use of the software. QR8 will strive to answer questions adequately and within a reasonable time frame. If errors and/or shortcomings are found in the software, the customer must report this to QR8 so that they can offer a solution as soon as possible.
4.2 QR8 must strive to minimize inconvenience in the event of maintenance and/or necessary updates and/or improvements to the software and the platform, and if possible, will inform the customer in a timely manner. If the temporary non-availability or reduced availability of the software is not unreasonably long, the customer is not entitled to compensation or any other form of reimbursement.
4.3 QR8 will ensure that a complete system backup is made at regular intervals of the data entered on the platform, as well as the files of the design QR codes.

Article 5 – Payment, Rates, and Changes

5.1 Payment of subscriptions is due in advance of the agreed period. Payment for design and/or development and digital services is invoiced with 50% advance payment at the time of assignment and 50% upon immediate delivery of the digital products.
5.2 QR8 applies a payment term of 14 days unless otherwise agreed in writing.
5.3 QR8 may adjust the agreed prices or rates at least annually by applying an inflation correction according to the CBS Index 62 IT services commonly used in the Netherlands. In such a case, the customer is not entitled to terminate existing subscriptions.
5.4 QR8 may suspend the use of the service if the customer does not pay the amounts due or does not pay them on time without the need for a reminder or notice of default.
5.5 QR8 is entitled to change the prices for the use of the software during the term. QR8 will notify the customer in writing or via email 1 month before the change takes effect.
5.6 If the customer does not accept the price change, the customer can terminate the agreement prematurely as of the day the change takes effect. The termination must be in writing or via email within 1 month after QR8 has notified the customer of the price change. The customer is not entitled to terminate the agreement if the price increase is due to a legal provision or regulation.

Article 6 – Intellectual Property

6.1 All intellectual property rights regarding the software, including but not limited to patents, copyrights, trademarks, mask works, design rights, and trade secrets directly related to or associated with the software, are exclusively owned by QR8. The customer shall not engage in any activities regarding the software that would infringe upon these intellectual property rights. The customer acquires no rights to the software other than the limited usage rights specified in this agreement.
6.2 If, notwithstanding the foregoing, a third party claims that the software infringes its intellectual property rights or otherwise, the customer is obliged to immediately report such a claim to QR8 to enable QR8 to oppose such a claim at its own expense. The customer agrees to cooperate with such opposition. In such a case, QR8 is also entitled to replace the software or part thereof to eliminate the claimed infringement.
6.3 The customer is fully responsible for using and processing intellectual property provided by the customer and third parties by QR8. The customer indemnifies QR8 to place the files and images edited by QR8 on its own website and social media.

Article 7 – Retention of Title

As long as the customer has not made full payment for the services and/or designs provided by QR8, these remain the undisputed property of QR8. Upon payment of the invoice or invoices, the customer and/or client becomes the owner of the delivered designs, and the designs/files are free for commercial use.

Article 8 – Liability

8.1 The total liability of QR8 due to an attributable shortcoming is limited to compensation for direct damage up to a maximum of the subscription fee paid for the relevant period, rounded to a whole month. In the case of a series of related attributable shortcomings, this counts as one attributable shortcoming.
8.2 In no event, including but not limited to death, bodily injury, or material damage to property, shall the total liability of QR8 exceed the amount paid out in such cases under QR8’s liability insurance.
8.3 QR8 is not liable for damage of any kind caused by QR8 relying on incorrect and/or incomplete information provided by the customer.
8.4 QR8 is not liable for damage caused by the use of the software caused by third parties.
8.5 QR8 is not liable for damage of any kind caused by the customer’s failure to comply with obligations arising from these terms and conditions and/or agreement or arising from the law.
8.6 QR8 is not liable for physical and/or printed versions of any QR code, including specially designed QR codes. Printing requires expertise in that area. QR8 will share experience and advice if desired.
8.7 Claims against QR8 expire in any case after 3 months from the moment an event occurs that entitles the customer to exercise these rights and/or powers against QR8.
8.8 R8 is never liable for damage as a result of events or circumstances beyond its control, which includes:
a. non-availability, delayed delivery, or malfunctions and defects in information, products, or services from third parties;
b. power outages, internet access, war, riots, strikes, or labor unrest;
c. decisions or regulations issued by the government, judicial authority, or any other competent authority.
8.9 The service, digital services, and/or platform used are offered without any guarantees, conditions, or warranties regarding their accuracy. To the extent permitted by law, QR8 and all associated third parties expressly exclude:
a. All conditions, guarantees, and other terms that might otherwise be implied by law, common law, or equity.
b. Any liability for any direct, indirect, or consequential loss or damage incurred by a customer/user in connection with our services or in connection with the use, inability to use, or results of the use of our services, all associated websites, and any materials posted on them, including but not limited to any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; data loss; loss of goodwill; wasted management or office time; for any other loss or damage of any kind, however caused and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to tangible property or any other claim for direct financial loss that is not excluded by any of the above categories. This does not affect our liability for death or personal injury resulting from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

Article 9 – Obligations

9.1 The customer must ensure at all times that the software is not misused and must immediately inform QR8 of all relevant facts and circumstances as soon as they become aware of unauthorized use of the software.
9.2 The customer is responsible for ensuring the proper functioning of their equipment used to access and use the software and/or platform and will take the necessary security measures, such as a virus scanner, strong passwords, and 2FA (Two-Factor Authentication).
9.3 The customer is not allowed to use the software in such a way that it can cause damage to the software and/or third parties or cause a disruption in availability.
9.4 If the customer fails to fulfill their obligations as stated in this article, all resulting costs will be borne by the customer.

Article 10 – Disclaimer and Indemnification

10.1 A QR code is based on contrast. The design is made on a deliberately chosen background. A slight deviation or adjustment in the color of the code and/or background can affect the functioning of the code, as well as subsequently added filters and/or protective layers and making the background transparent. QR8 digitally delivers a working code for both iOS and Android apps. QR8 is not liable for changes, adjustments, and modifications in size, scale, proportions, contrast, colors, and background. Always check a test copy for the functionality of the code before ordering prints from third parties. The design QR codes are delivered in pdf format and as a single layer. Other formats are available on request, for a fee. By paying the invoice, you agree to the disclaimer and the designs become your property and are free for (commercial) use.
10.2 The customer/user agrees to indemnify QR8, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of QR8’s platform and digital service, including but not limited to your violation of these Terms and Conditions.
10.3 QR8 is only responsible for delivering functional working QR codes in the form of a digital file, subject to the disclaimer. QR8 is in no way responsible for print and print work carried out by third parties.

Article 11 – Confidentiality

Each party guarantees that all data received from the other party, which is known or should be known to be of a confidential nature, will remain confidential unless a legal obligation requires disclosure of that data. The party receiving confidential data will only use it for the purpose for which it was provided.

Article 12 – Responsibility for Content and Links

12.1 The customer/user understands that all information, data, text, software, music, sound, photos, graphics, videos, messages, tags, or other material (“content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you as the customer/user, and not QR8, are entirely responsible for all content that you upload, post, transmit via our service or platform. QR8 has no control over the content published through our service and, as such, QR8 cannot guarantee the accuracy, integrity, or quality of such content.
12.2 Since QR8 has no control over third-party sites and resources, the customer acknowledges and agrees that QR8 is not responsible for the availability of such external sites or resources.
12.3 The customer/user may not describe an account and the platform in a misleading or unlawful manner or assign keywords to an account, including in a manner intended to trade on the name or reputation of others. QR8 may modify or delete any description or keyword if QR8 believes it is inappropriate or unlawful, or otherwise likely to lead to liability for QR8. Access to QR8’s platform is permitted on a temporary basis, and QR8 reserves the right to withdraw or amend the service provided through the platform without prior notice.
12.4 The customer must immediately notify QR8 of any unauthorized use of the account or other security breaches.
12.5 It is a violation of our Terms and Conditions to use or shorten URLs that refer to illegal content, including but not limited to far-right, pornographic, racist, offensive, defamatory content, or content that damages someone’s reputation or business. QR8 reserves the right to remove such links and/or references without further notice.
12.6 Where any QR8 communication includes links to other sites and resources provided by third parties, these links are provided solely for information. QR8 has no control over the content of those sites or resources and accepts no responsibility for them or for any loss or damage that may result from their use by the customer/user. When using a link through one or more QR8 communications, QR8 recommends that you check the terms of use and privacy policy to ensure compliance and to determine how these third parties may use your information.

Article 13 – Amendment and Replacement

13.1 If any provision of these Terms and Conditions is declared null and void or unenforceable, such a declaration will not affect the other provisions, and that provision will be replaced by a provision or arrangement that is as similar as possible.
13.2 The customer agrees to any changes to provisions in this agreement if they prove necessary as a result of changes in the relevant laws and regulations in the broadest sense of the word.
13.3 The customer/user is expected to periodically review the Terms and Conditions to take note of any changes that have been made, as these are directly binding on the customer/user.

Article 14 – Applicable Law

14.1 This agreement is governed by Dutch law.
14.2 The parties will make every effort to settle all disputes regarding the execution of this agreement amicably.
14.3 All disputes between the customer and QR8 are submitted to the competent court in the district where QR8 is located.
14.4 A processing agreement, which includes additional guarantees regarding the processing and security of personal data, is an integral part of the agreements between the customer and QR8.