TOS GetQRAI

Terms of Service
Last updated June 30, 2026.

This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the GetQR Ai app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.

For purposes of this Agreement, “Assets” means any content, materials, QR codes, QR code designs, QR code images, dynamic QR codes, static QR codes, redirect links, destination links, contact information, phone numbers, email addresses, embedded logos, embedded images, uploaded images, color selections, design settings, scan data, click data, analytics data, dashboard data, reports, exports, AI prompts, AI-generated QR code designs, AI-generated images, AI-generated outputs, graphics, data, software components, or other information generated, provided, submitted, uploaded, tracked, displayed, exported, or made available through the Services, whether created by Us, generated by automated systems, supplied by third parties, or entered by You.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive, create, scan, distribute, or use Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime, reliability, availability, accuracy, scanability, tracking accuracy, analytics accuracy, redirect speed, or continued availability of any feature. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Age Requirements

By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.

If You are a parent or legal guardian and You believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.

Your Information

By using the Services, You may provide Us with personal information and other information such as Your email address, user name, billing information, QR code names, destination URLs, contact information, phone numbers, email addresses, uploaded logos, uploaded images, color selections, design settings, AI prompts, AI-generated outputs, usage history, app settings, scan data, click data, approximate location information, device information, browser information, timestamp information, and other information that You enter, upload, submit, scan, track, or generate through the Services. Please see Our Privacy Policy.

Free Trial, Paid Features, Subscriptions and Billing

The App may offer certain features for free, certain limited features during a free trial, and certain features only with an active paid subscription. Free trial access may include the ability to create one QR code, limited QR code customization, limited sharing or downloading, limited access to dashboard features, and other limited functionality. During the free trial, some or most statistics, scan data, click data, analytics, reports, dashboard cards, or performance information may be blurred, hidden, restricted, unavailable, or displayed only in a limited manner.

The App may offer a one-week free trial for eligible users. The one-week free trial does not automatically roll over into a paid subscription. Unless expressly stated otherwise in the App, You will not be charged automatically at the end of the free trial. When the free trial ends, the free QR code, related link, redirect, contact information, phone number, email function, destination, tracking page, dashboard access, scan/click tracking, or other related functionality may stop working, become disabled, become unavailable, or no longer redirect or display the intended information unless You purchase an active paid subscription.

The App may offer monthly and yearly subscription options. Subscription availability, pricing, trial eligibility, usage limits, QR code limits, AI generation limits, scan/click tracking limits, analytics history, free features, paid features, and included functionality may vary by platform, country, promotional offer, app version, account status, or other factors, and may change from time to time.

Subscriptions are billed through the platform through which You subscribed, such as the Apple App Store or Google Play. You are responsible for managing and cancelling Your subscription through the applicable platform account settings. Deleting the App does not automatically cancel Your subscription. Unless otherwise required by law or applicable platform rules, payments are non-refundable and there are no refunds or credits for partially used subscription periods.

If Your subscription expires, is cancelled, fails to renew, or is otherwise not in good standing, We may limit access to paid features and Your QR codes, links, redirects, contact information, phone numbers, email functions, analytics, dashboard data, exports, hosted pages, tracking, AI features, and other functionality may become unavailable, disabled, limited, or stop working. We may still allow You to access certain free features and may allow You to view, edit, delete, or export certain previously entered information where supported by the App.

Usage Limits and AI Limits

The Services may be subject to usage limits, including limits on the number of QR codes, active QR codes, dynamic QR codes, static QR codes, links, redirects, scans, clicks, tracked events, dashboard views, analytics history, exports, downloads, uploaded images, file sizes, AI prompts, AI generations, AI-generated QR code designs, requests, or other features available during a given period. Usage limits may vary based on Your subscription plan, promotional offer, app version, platform, account status, region, or other factors.

Paid subscriptions may allow creation of a large number of QR codes, which may be described in the App as “unlimited” for ordinary personal or business use. However, all such use remains subject to fair-use limits, anti-abuse limits, technical limits, storage limits, service quality protections, security restrictions, and other reasonable limitations. We may impose, modify, reduce, reset, suspend, or enforce usage limits at any time to prevent abuse, manage costs, maintain service quality, comply with third-party provider restrictions, reduce spam or malicious activity, or support the operation of the Services.

AI features, including prompt-based QR code image generation or AI-assisted QR code design features, may be unavailable, delayed, limited, experimental, or subject to daily, weekly, monthly, plan-based, or fair-use restrictions, even for paid subscribers. Unless expressly stated otherwise in the App, unused AI generations, usage allowances, trial allowances, or feature limits do not roll over to future days, weeks, months, billing periods, subscription periods, or accounts.

Attempting to bypass, manipulate, share, resell, automate, or exceed any usage limit, account limit, subscription limit, QR code limit, scan/click tracking limit, AI generation limit, fair-use limit, or technical restriction is prohibited and may result in suspension, termination, feature restrictions, disabling of QR codes or links, or other action We deem appropriate.

QR Code Creation and Supported Destinations

The App may allow You to create QR codes connected to supported destinations or information types, including website links, landing pages, contact information, phone numbers, email addresses, and other supported destinations or information formats. Depending on the type of QR code and the scanning device, scanning a QR code may open a website, display information, ask the scanning user whether to call a phone number, open a phone app, open an email app, prefill an email, create or display a contact, or take another action.

You are solely responsible for all destination URLs, contact information, phone numbers, email addresses, metadata, content, offers, promotions, claims, and information connected to or displayed by Your QR codes. You represent and warrant that You have all rights, permissions, authority, consents, and legal basis required to submit, display, share, distribute, and use any such information through the Services.

QR Code Customization and Scanability

The App may allow You to customize QR codes, including by changing colors, selecting backgrounds, embedding a logo or image, adjusting design settings, or using other customization features. Customization can affect whether a QR code scans successfully. Low contrast, small size, image placement, image size, distortion, artistic changes, poor print quality, damaged materials, lighting conditions, camera quality, scanner app behavior, operating system settings, network access, and other factors may reduce or prevent scanability.

You are solely responsible for testing each QR code before printing, publishing, sharing, distributing, selling, displaying, or relying on it. We do not guarantee that any QR code, including customized QR codes, AI-generated QR code designs, QR codes with embedded images, or QR codes with non-standard colors, will be readable, scannable, compatible, accurate, available, or functional on all devices, apps, scanners, browsers, operating systems, cameras, print materials, sizes, or environments.

Uploaded Logos, Images and User Content

The App may allow You to create, upload, import, submit, enter, edit, store, display, embed, or share logos, images, photos, graphics, brand assets, contact information, phone numbers, email addresses, destination URLs, AI prompts, and other content or information (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, authority, licenses, and consents to upload, submit, process, store, embed, display, share, distribute, and use any User Content through the App.

You grant WhatsGoodApps a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, analyze, transmit, display, modify, resize, convert, generate outputs from, and embed Your User Content solely as reasonably necessary to provide, maintain, operate, and improve the Services, including creating QR codes, embedding uploaded images into QR codes, generating QR code designs, providing redirects, displaying dashboard information, generating analytics, and supporting exports or downloads.

You retain ownership of Your User Content. However, You are solely responsible for Your User Content and for ensuring that Your upload, submission, use, storage, embedding, distribution, and sharing of User Content and related Assets complies with all applicable laws, agreements, confidentiality obligations, employer policies, client obligations, platform rules, and third-party rights.

Dynamic QR Codes, Redirects and Functionality

Some QR codes may operate through hosted redirect links, tracking links, hosted pages, server-side routing, or other infrastructure controlled by or on behalf of GetQR Ai. These features allow the App to provide functionality such as tracking, dashboard data, destination management, QR code editing, scan/click analytics, or other business features.

If Your free trial ends, Your subscription expires, payment fails, Your account is restricted, a QR code is paused, archived, deleted, disabled, suspended, removed, or restricted, or the Services or third-party providers are unavailable, Your QR codes, hosted links, redirects, contact information, phone number actions, email actions, scan/click tracking, analytics, or other functionality may stop working or may not work as expected. You should not rely on GetQR Ai-hosted QR codes for emergency, safety-critical, legal, medical, compliance, essential access, or other high-risk purposes.

Scan/Click Analytics and Dashboard Data

The App may provide scan data, click data, engagement statistics, dashboard cards, trend charts, approximate location information, device information, browser information, timestamps, QR code performance information, reports, or other analytics. Analytics are provided for general informational and business convenience purposes only and may be approximate, incomplete, delayed, duplicated, unavailable, or inaccurate.

Analytics may be affected by bot traffic, duplicate scans, test scans, security scanners, link preview tools, VPNs, private browsing, ad blockers, browser restrictions, device settings, app privacy features, network routing, location approximation, third-party scanner behavior, caching, redirects, downtime, third-party service limitations, or other factors outside Our control. You should not rely on App analytics as the sole source for billing, auditing, compliance, legal reporting, advertising guarantees, or mission-critical business decisions.

Scanning Device and Third-Party App Behavior

We do not control how any third-party device, camera app, QR scanner app, browser, operating system, phone app, email app, contacts app, carrier service, security tool, or other third-party service reacts to a QR code. After scanning, a device or app may ask the scanning user to open a link, call a phone number, create or display a contact, open an email app, prefill an email, display a warning, block a destination, require additional confirmation, treat the QR code as unsafe, fail to read the QR code, or do nothing.

WhatsGoodApps is not responsible for how any scanning device, operating system, browser, QR scanner app, phone app, email app, contacts app, or other third-party service interprets, displays, blocks, handles, modifies, warns about, opens, or fails to open any QR code, destination, link, phone number, email address, contact information, or related action.

QR Code Expiration, Suspension and Deactivation

QR codes, links, redirects, contact information, phone number actions, email actions, tracking, dashboard data, or other functionality may expire, be paused, disabled, deleted, archived, suspended, restricted, or removed due to free trial expiration, subscription expiration, failed payment, account inactivity, user deletion, technical issues, security risks, third-party provider limitations, suspected abuse, violation of these Terms, legal requirements, or other reasons We deem appropriate.

We reserve the right to disable, suspend, restrict, remove, or block any QR code, link, redirect, destination, uploaded image, embedded image, account, or other Asset that We believe may violate these Terms, infringe third-party rights, involve spam, phishing, malware, fraud, deceptive practices, illegal activity, offensive content, security risks, excessive use, or other harmful or inappropriate activity.

AI-Generated QR Designs

The App may offer prompt-based, AI-assisted, or automated QR code design features, including AI-generated QR code images, artistic QR codes, stylized QR codes, or other generated outputs. These features may be subject to limits, may be unavailable, may change or be discontinued at any time, and may produce results that are inaccurate, incomplete, unexpected, unsuitable, infringing, offensive, or not appropriate for Your brand, campaign, destination, audience, or intended purpose.

AI-generated QR code designs may not scan successfully or may scan inconsistently. You are responsible for reviewing, testing, editing, approving, rejecting, or disregarding any AI-generated output before using, printing, publishing, displaying, sharing, selling, distributing, or relying on it. AI-generated outputs are provided for design assistance and informational purposes only and do not guarantee scanability, accuracy, legality, originality, non-infringement, brand suitability, engagement, conversion, revenue, or business results.

Prohibited Uses

We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.

You may not:

Use the Services for competitive research or to build a competing product or service;
Use the Services or Assets as a substitute for legal, financial, tax, accounting, compliance, business, marketing, advertising, technical, security, medical, safety, or other professional advice;
Use the Services as the sole system of record, sole access point, sole link, sole contact method, or sole delivery mechanism for legal, financial, compliance, medical, safety, emergency, essential access, or other important obligations;
Use the Services for high-risk activities where failure, delay, inaccuracy, data loss, unavailability, or scan failure could result in death, personal injury, property damage, environmental damage, legal violations, major financial loss, or other serious harm;
Submit, store, upload, embed, link to, or share confidential, proprietary, regulated, sensitive, personal, client, employee, or third-party information unless You have all required rights, permissions, authority, and legal basis to do so;
Upload logos, images, photos, graphics, brand assets, trademarks, materials, or content that You do not have the right, permission, license, or lawful authority to submit, embed, use, or distribute;
Upload, embed, generate, link to, display, or distribute pornographic, sexually explicit, nude, sexually exploitative, abusive, harassing, hateful, violent, graphic, defamatory, offensive, obscene, vulgar, shocking, threatening, discriminatory, unlawful, or otherwise objectionable images, content, or materials;
Upload, embed, generate, link to, display, or distribute images, logos, content, or materials that impersonate another person or business, mislead users, falsely imply endorsement, or create confusion regarding source, sponsorship, affiliation, or approval;
Use the Services to create, link to, distribute, redirect to, or facilitate phishing, malware, spyware, viruses, scams, fraud, deceptive offers, spam, unauthorized data collection, credential harvesting, impersonation, misleading promotions, unlawful products or services, or other harmful activity;
Submit false, misleading, unlawful, infringing, harmful, deceptive, or inappropriate information, links, images, prompts, or content;
Misrepresent the Services’ outputs, QR codes, analytics, scan data, click data, dashboards, or reports as guaranteed results, guaranteed engagement, guaranteed conversions, guaranteed scanability, guaranteed revenue, or definitive business, advertising, marketing, legal, compliance, or professional instructions;
Use the Services for fully automated decision-making that could adversely impact an individual’s legal rights, financial status, health, safety, insurance status, employment status, or other important interests without appropriate independent human review;
Reverse engineer, decompile, or attempt to extract the underlying algorithms or models used in the Services;
Use automated tools, bots, scripts, or abusive scanning activity to access, interact with, generate, redirect through, inflate scan counts, manipulate analytics, or extract data from the Services;
Share Your account or allow multiple users to access the Services through a single account, except where expressly permitted by the App;
Violate these Terms of Service or any other policies applicable to the Services;
Violate the privacy, publicity, intellectual property, confidentiality, contract, platform, advertising, consumer protection, or other rights of any third party;
Interfere with, disrupt, overload, abuse, or attempt to gain unauthorized access to the Services, servers, redirects, hosted links, accounts, or networks connected to the Services;
Access or obtain any materials or information through any means not intentionally made available by the Services;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation; or
Attempt to do any of the foregoing.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to disabling QR codes, disabling links, restricting redirects, removing uploaded images, suspending accounts, reporting any suspected unlawful activity to law enforcement officials, regulators, platforms, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, QR codes, links, redirects, uploaded materials, IP addresses, scan/click activity, and traffic information.

QR Code and Campaign Disclaimer

The App is intended for QR code creation, customization, tracking, analytics, and general business convenience purposes only. The App does not guarantee that any QR code will scan successfully, remain available, generate engagement, increase traffic, increase sales, improve marketing performance, generate leads, produce conversions, or achieve any particular business, advertising, campaign, revenue, or marketing result.

You are solely responsible for Your QR codes, destinations, printed materials, campaigns, promotions, customer communications, business decisions, legal compliance, consumer protection compliance, advertising compliance, testing, distribution, and results. You should independently verify, review, and test all QR codes, links, contact information, phone numbers, email addresses, uploaded images, AI-generated outputs, and related Assets before using, printing, publishing, distributing, or relying on them.

No High-Risk Use

The Services are not designed, intended, or authorized for use in emergency response, medical operations, aviation, transportation control, construction safety, industrial control systems, utility systems, weapons systems, legal compliance, access control, identity verification, safety-critical communications, financial trading, payroll, or any other high-risk environment where failure, delay, scan failure, data loss, unavailability, or inaccuracy could result in death, personal injury, property damage, environmental damage, legal exposure, significant financial loss, or other serious harm.

You agree not to rely on the Services as the sole system of record, sole access method, sole communication method, or sole delivery mechanism for safety-critical operations, legal obligations, regulatory obligations, financial obligations, medical information, emergency information, client deliverables, or other important matters.

No Guarantee of Scan Volume, Engagement or Business Results

The App may provide QR code creation, customization, tracking, dashboard data, scan/click analytics, reports, AI-generated designs, or other Assets. You understand and agree that such content and functionality are provided for convenience and informational purposes and do not guarantee any specific result, including scan volume, clicks, traffic, engagement, conversions, sales, revenue, profit, customer acquisition, campaign success, advertising performance, lead generation, brand awareness, or business success.

Results may vary significantly based on Your QR code design, contrast, placement, size, print quality, distribution, destination, offer, audience, scanner devices, internet access, third-party behavior, campaign execution, market conditions, legal requirements, and other circumstances outside of Our control.

Exports and Downloads

The App may allow You to export, download, share, or save QR codes, QR code images, reports, analytics, or other Assets in one or more formats. Exports and downloads may not preserve all formatting, data, metadata, tracking functionality, analytics history, redirect functionality, editability, or compatibility. You are responsible for reviewing exports and downloads for accuracy, completeness, scanability, compatibility, and suitability before using, printing, sharing, publishing, distributing, or relying on them.

Exported or downloaded QR codes may depend on hosted redirect infrastructure, tracking links, account status, subscription status, QR code status, third-party providers, or other Service functionality. A QR code that has been printed, downloaded, saved, or distributed may stop working or may not work as expected if the related destination, redirect, subscription, account, QR code, or Service functionality changes, expires, is disabled, or becomes unavailable.

Third-Party Services and Automated Providers

The App may use third-party service providers, platforms, hosting services, cloud storage providers, analytics services, payment processors, app stores, authentication providers, notification services, email providers, QR code processing providers, link management providers, redirect infrastructure, image processing providers, automated analysis providers, artificial intelligence providers, or other vendors to provide, operate, maintain, improve, or support the Services. You acknowledge that Your use of the Services may involve interaction with or processing by Third-Party Services, subject to applicable laws and Our Privacy Policy.

WhatsGoodApps is not responsible for the availability, accuracy, reliability, security, policies, practices, scanner behavior, device behavior, or content of Third-Party Services, except to the extent required by applicable law.

Data Storage, History & Loss of Content

User Content, QR codes, QR code designs, uploaded images, embedded images, destination links, contact information, phone numbers, email addresses, AI prompts, AI-generated outputs, scan/click data, analytics history, reports, exports, settings, or other Assets may be stored persistently for convenience within the App and to provide App functionality. However, WhatsGoodApps does not guarantee permanent storage, backup, availability, synchronization, recoverability, tracking, or continued functionality of any such content or outputs.

If the App is deleted, Your device is changed, access is lost, data is deleted, phone data is lost or corrupted, account access is lost, Your free trial expires, Your subscription expires, the App’s local or associated storage is cleared, a QR code is deleted or disabled, or a third-party provider fails, Your User Content, QR codes, links, redirects, uploaded images, embedded images, AI outputs, scan/click data, analytics history, reports, settings, and other Assets may be permanently lost, unavailable, disabled, or may stop working. You are responsible for maintaining any copies of content, QR codes, reports, or outputs that You wish to keep.

No Monitoring Obligation

WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, test, scan, or confirm the accuracy, legality, confidentiality, consent, ownership, appropriateness, business suitability, scanability, destination safety, link accuracy, phone number accuracy, email address accuracy, analytics accuracy, AI output accuracy, or usefulness of any submitted information, uploaded image, QR code, destination, prompt, scan/click data, report, dashboard, or other output.

Non-Reliance Clause

You agree that You are not relying on the App as Your sole or primary source for essential access, emergency information, legal compliance, marketing performance, advertising reporting, business decisions, customer communications, professional advice, or other important obligations, and that any decision to use, print, publish, share, distribute, interpret, or rely on the App’s QR codes, analytics, reports, AI outputs, or other Assets is made solely by You.

Limitation of Liability

To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:

Your use of or reliance on any QR code, link, redirect, contact information, phone number, email address, uploaded image, embedded image, AI-generated output, scan/click analytics, dashboard data, report, export, or other Asset generated by or used with the App.
Any QR code that does not scan, scans inconsistently, scans incorrectly, becomes unavailable, becomes disabled, expires, redirects incorrectly, displays incorrectly, or fails to operate on any device, browser, camera app, QR scanner app, operating system, phone app, email app, contacts app, or other third-party service.
Any inaccuracy, incompleteness, duplication, delay, omission, or error in any scan data, click data, analytics, dashboard data, report, approximate location information, device information, browser information, or timestamp information.
Any printing costs, reprinting costs, distribution costs, marketing losses, advertising losses, lost traffic, lost scans, lost clicks, lost customers, lost sales, lost revenue, lost profits, lost opportunities, campaign failure, business interruption, reputational harm, or customer dissatisfaction.
Any incorrect, incomplete, biased, inconsistent, unsuitable, non-scannable, offensive, infringing, or misleading output caused by incomplete information, unclear prompts, user error, design choices, uploaded images, third-party actions, AI limitations, or failure to review and test outputs.
Any business, legal, financial, tax, accounting, marketing, advertising, consumer protection, compliance, technical, security, medical, safety, or other professional decision or action taken by You or any third party.
Any failure to achieve scan volume, engagement, conversions, sales, revenue, profit, customer acquisition, campaign success, advertising performance, lead generation, brand awareness, or any other outcome.
Any action, omission, scan, warning, block, display, prompt, link preview, redirect, phone call prompt, email prompt, contact action, or other behavior by any third-party device, browser, camera app, QR scanner app, operating system, phone app, email app, contacts app, carrier service, security tool, customer, scanner, recipient, or other third party.
Any sharing, upload, storage, loss, disclosure, misuse, infringement, or unauthorized use of logos, images, trademarks, brand assets, confidential, proprietary, personal, client, employee, regulated, sensitive, or third-party information.
Any loss, deletion, corruption, disabling, expiration, or unavailability of QR codes, links, redirects, uploaded images, embedded images, contact information, phone numbers, email addresses, AI outputs, scan/click data, analytics, reports, exports, settings, or other Assets, including due to deletion of the App, loss of device data, loss of account access, free trial expiration, subscription expiration, QR code deactivation, or third-party service failure.
Any failure, delay, interruption, limitation, suspension, or unavailability of redirects, hosted links, QR code generation, QR code customization, scan/click tracking, analytics, dashboards, exports, AI features, or usage limits.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.

The Service is not intended to provide legal, financial, tax, accounting, compliance, business, marketing, advertising, security, technical, medical, safety, emergency, or other professional advice.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Indemnification

You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input, uploaded, embedded, linked, stored, shared, distributed, or submitted by You, including User Content, QR codes, destination links, redirects, contact information, phone numbers, email addresses, uploaded images, embedded images, logos, trademarks, brand assets, AI prompts, and other submitted content, (b) Your upload, submission, storage, embedding, sharing, distribution, or use of User Content without necessary rights, permissions, authority, licenses, or consents, (c) Your sharing or submission of confidential, proprietary, personal, client, employee, regulated, sensitive, or third-party information, (d) Your use of the Services, including Your access to, use of, sharing of, distribution of, reliance on, or misuse of the Services or Assets, (e) Your QR code destinations, links, redirects, promotions, marketing materials, printed materials, campaigns, claims, offers, phone numbers, email addresses, or contact information, (f) Your failure to test QR codes before using, printing, publishing, displaying, sharing, or distributing them, (g) phishing, malware, spam, fraud, scams, deceptive practices, unlawful activity, offensive content, pornographic content, infringing content, or other prohibited uses involving Your account, QR codes, links, redirects, uploaded images, embedded images, prompts, or content, (h) any dispute involving Your customers, scanners, recipients, clients, contractors, employees, employers, business partners, or other third parties, or (i) Your violation of these Terms of Service, applicable law, platform rules, or any third-party rights.

Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.

Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics, war, labor conditions, governmental actions, internet failures, hosting failures, app store outages, third-party provider failures, QR scanner app behavior, device operating system changes, browser changes, carrier failures, or other events beyond Our reasonable control.

Waiver and Severability

If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

California Residents Notice

If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:

Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210

Contact Information

Please direct all inquiries to support@whatsgoodapps.com.