Legal

These Terms and Conditions (“Terms”) govern your access to and use of the Qart website, products, services, features, content, and related functionality (collectively, the “Service”).

The Service is operated by Creative Pandem, LLC (“Qart,” “we,” “us,” or “our”).

By accessing or using the Service, creating an account, or purchasing a subscription, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service.

By using the Service, you represent and warrant that:

• you are at least 13 years old;
• you have the legal capacity to enter into these Terms; and
• your use of the Service does not violate any applicable law or regulation.

2. The Service

Qart provides tools and features that enable users to create, manage, publish, and use QR-based content, including public and subscription-based functionality, unique-scan measurement, usage reporting, and related services.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, to the maximum extent permitted by law.

3. Accounts

To access certain features, you may need to create an account.

You may register using email/password authentication or supported third-party login methods such as Google. You agree to provide accurate, current, and complete information and to keep your account information updated.

If you register using email and password, email verification may be required before activating or enabling certain account functionality.

You are responsible for:

• maintaining the confidentiality of your account credentials;
• all activity that occurs under your account; and
• promptly notifying us if you believe your account has been accessed without authorization.

You may maintain multiple accounts only if doing so does not violate these Terms or any applicable rules of the Service.

We reserve the right to suspend, restrict, or terminate accounts that violate these Terms, create risk for the Service or other users, or are used for abuse, fraud, or unlawful activity.

4. User Content

The Service may allow you to upload, submit, publish, link, store, or otherwise make available text, images, links, QR landing page data, and other materials (“User Content”).

You retain ownership of your User Content. However, by submitting or making User Content available through the Service, you grant Qart a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, transmit, display, and otherwise use that User Content solely as necessary to operate, provide, maintain, improve, and secure the Service.

You represent and warrant that:

• you own or have all rights necessary to submit the User Content;
• your User Content does not infringe or violate any third-party rights;
• your User Content complies with these Terms and applicable law.

Qart does not claim ownership of your User Content. Qart will not use your uploaded content for promotion or marketing without your permission.

5. Public Content and Visibility

Certain QR pages or related content may be public by default and viewable by anonymous visitors.

Public Qart pages are not intended to be indexed by search engines, and Qart may use technical measures such as noindex directives to reduce indexing. However, you acknowledge that Qart cannot guarantee that third parties, crawlers, archives, or other external systems will never access, cache, or retain public content once it has been made available online.

6. Acceptable Use

You agree not to use the Service to:

• violate any law or regulation;
• upload, publish, or distribute illegal content;
• infringe copyrights, trademarks, publicity rights, privacy rights, or other intellectual property or proprietary rights;
• publish or distribute hateful, harassing, abusive, defamatory, or threatening content;
• distribute malware, viruses, phishing content, malicious redirects, or harmful code;
• create deceptive, fraudulent, or misleading QR destinations;
• impersonate any person or entity;
• interfere with, disrupt, or compromise the integrity, availability, or security of the Service;
• scrape, crawl, reverse engineer, or otherwise attempt to extract source code, underlying ideas, or data from the Service except to the extent expressly permitted by law;
• artificially inflate unique scans, engagement, or other usage metrics;
• upload or distribute adult content;
• upload or distribute gambling-related content;
• upload or distribute content related to illegal drugs or prohibited substances;
• use the Service for spam, abusive automation, or other harmful activity.

We may remove content, restrict access, suspend accounts, or terminate access to the Service at any time if we believe, in our sole discretion, that you have violated these Terms or created legal, operational, or reputational risk.

7. Intellectual Property

The Service, including its software, design, branding, features, visual interfaces, text, graphics, logos, and other content provided by Qart, is owned by or licensed to Qart and is protected by applicable intellectual property laws

Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Service or any part of it.

“Qart” and related names, logos, and branding are the property of Qart or its licensors and may not be used without prior written permission.

8. Third-Party Services and Links

The Service may integrate with or link to third-party services, websites, providers, or content, including payment processors, authentication providers, storage providers, anti-abuse tools, and external websites reachable through QR pages.

Qart does not control and is not responsible for any third-party services, websites, content, policies, or practices. Your use of third-party services is governed by their own terms and policies.

Qart is not responsible for third-party links, websites, or services reached through user QR pages.

9. Paid Plans and Subscriptions

Qart offers paid subscription plans, which may include monthly and yearly billing options. Current plan names may include Basic, Pro, and Enterprise.

By purchasing a paid plan, you agree to pay all applicable fees, charges, taxes, and recurring subscription amounts disclosed at the time of purchase.

Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before renewal.

Billing Cycles

• Monthly subscriptions renew each month.
• Yearly subscriptions renew each year.

Upgrades and Downgrades

• Plan upgrades take effect immediately.
• Plan downgrades take effect on the next billing cycle unless otherwise stated at checkout or in the account interface.

Cancellation

You may cancel your subscription by contacting support or through any subscription management functionality we make available. Unless otherwise stated, cancellation takes effect at the end of the current billing period.

Plan Limits

Plans may include usage limits, including unique-scan limits. For monthly plans, applicable limits reset monthly. For yearly plans, applicable limits reset yearly.

If a plan limit is reached, the Service may restrict additional functionality and redirect users to an upgrade page or otherwise require a higher-tier plan to continue certain activity.

Qart may send service-related usage notifications, including notices when you reach approximately 70%, 80%, 90%, and 100% of applicable plan usage.

10. Refunds

Refunds are handled on a case-by-case discretionary basis.

Unless otherwise required by applicable law or expressly approved by Qart:

• refund requests for monthly plans should be submitted within 14 days of the applicable charge;
• refund requests for yearly plans should be submitted within 30 days of the applicable charge;
• renewals are generally not refundable;
• partial-period refunds are generally not provided.

Refund requests must be sent to [email protected].

Before initiating a chargeback or payment dispute, you agree to contact Qart first so we can attempt to resolve the issue.

Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.

11. Privacy and Cookies

Your use of the Service is also governed by our Privacy Policy and Cookie Policy, which describe how we collect, use, store, and disclose information and how Qart uses cookies and similar technologies as part of operating the Service.

12. Copyright and IP Complaints

If you believe content on the Service infringes your copyright, trademark, or other intellectual property rights, you may send a notice to:

[email protected]

Qart may remove or disable access to allegedly infringing content while investigating a complaint.

13. Termination

You may stop using the Service at any time. If you have a paid subscription, cancellation of billing does not automatically delete your account unless separately requested.

Qart may suspend or terminate your access to the Service, with or without notice, for reasons including:

• violation of these Terms;
• fraud or abuse;
• non-payment;
• legal compliance obligations;
• security or risk concerns.

Upon termination, provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, disclaimers, limitation of liability, disputes, and payment obligations accrued before termination.

14. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QART DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

QART DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DATA, CONTENT, OR RESULTS WILL ALWAYS BE ACCURATE, COMPLETE, OR AVAILABLE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QART AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QART’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO QART DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If you have not paid Qart anything, Qart’s total liability will be limited to the maximum extent permitted by law.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

16. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Qart and its affiliates, officers, directors, employees, contractors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, expenses, and fees arising out of or related to:

• your User Content;
• your use of the Service;
• your violation of these Terms; or
• your violation of any law or third-party rights.

17. Changes to the Service or Terms

We may modify these Terms from time to time. When we do, we may update the “Last Updated” date and post the revised Terms on the website.

Your continued use of the Service after updated Terms become effective constitutes your acceptance of the updated Terms.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

To the extent permitted by law, any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of those courts.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Qart’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms without Qart’s prior written consent. Qart may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and Qart regarding the Service.

20. Contact

If you have questions about these Terms, please contact:

Qart email: [email protected]