Terms of Use

Effectiveness date: 6 July 2024

General

The present Terms of Service regulates the download and use of the present application: Scan QR-code (hereinafter, “the app”), which is owned and operated by Ivan Kuvshinov, a sole proprietor with TAX ID number PT319869229, and contact email: ivan@kuvshinov.in (hereinafter, “the/our Company”, “we”, “us”, “our”). The app is not affiliated with any other platforms or third parties. The download and/or use of the app attributes the status of User to the person accessing the app and implies full acceptance of the present Terms of Service (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms of Service, please stop using the app and delete it from your device.

The Company reserves the right to update, without prior notice, these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. The User is automatically bound to the new Terms of Services at the time they are published on the app. Therefore, we recommend the User review them periodically.

The Company reserves the right to block or suspend the access of a User to the app in the event that he/she breaches any part of these Terms of Service. The nullity, total or partial, of any of the provisions of these Terms of Service by any judicial decision, will not affect the validity of the other provisions.

For any doubt or question related to these Terms of Service, please contact us by email: ivan@kuvshinov.in.

About the app’s functionalities

The app permits the User to scan QR codes, even batch scanning, either by uploading an image from your photo gallery, entering the code manually, or scanning a code directly. Moreover, the User can create their own QR by compelling a simple and easy form. As well, he/she will be able to customize the created QR codes, delete and/or share them.

The User is informed that, among others:

Please refer to the Exemption of Liability section of these Terms of Service for further information regarding the Company’s responsibilities.

Please be aware: the Company reserves the right to update features and/or functionalities of the app at any time. Please refer to the Availability, Continuity, and Updates section of these Terms of Service.

Access and use of the App

The app is available for the following operating systems and devices: iPhone, iPad, Other iOS Devices.

The app is for adult users according to the laws and regulations of his/her country of birth or residence.

To enjoy the app’s service:

Once the User has paid for a subscription, the User will automatically be conferred with the status of customer (hereinafter, the “Customer/s”). Such status implies the User's full acceptance of the present Terms of Service and, in particular, the User's abidance to the price of the app’s service.

The subscription to a subscription plan, grants the Customer the possibility to use other functionalities such as batch scanning. Please refer to the Subscription Plans and Payment section of these Terms of Service.

The User is responsible for providing accurate and complete information when creating a QR code. Otherwise, the Company will not be liable for any failure regarding the creation of the desired code.

Withdrawal right

By downloading and subscribing to the app, you acknowledge and accept that its content and services are immediately available to you. Therefore, the withdrawal right that the applicable legislation recognizes to users (consumers) does not apply.

Data Protection

The personal data collected for the provision of the service offered through this app, as well as those obtained from your interaction with the app will be processed in accordance with our Privacy Policy.

Appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality and security of the User’s personal data that are processed.

Availability, continuity and updates

We put our best efforts into making sure that the app works as best as possible and that it is available to the User at all times. However, we cannot guarantee that the use of the app will not be interrupted by maintenance, delays, errors, or omissions due to external reasons beyond our reasonable control.

We do not guarantee that the app will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the app from an unauthorized location is entirely at the User’s own risk and responsibility.

We may add, modify or eliminate features and/or functionalities at any time. In any case, the User will be notified about the changes through the same app.

If a new version of the app is launched, we may ask the User to update the app. By downloading and using the new version of the app, the User clearly states they have read, understood, and accepted the updated Terms of Service.

Code of conduct

The User agrees to (including but not limited to):

The Company makes no guarantee regarding the User's behavior and will not be held responsible in this regard. The User is individually and solely responsible for their actions, before the Company and third parties, for damages caused by inappropriate behavior.

The Company reserves the right to block or eliminate the User's access to the app for the aforementioned actions, as well as any other that is contrary to good faith or that harms the rights of third parties, or that infringe the laws and regulations applicable to the app and/or the Company.

Moreover, the Company, in its sole discretion, may eliminate access to the app for a User at any time without stating the reasons behind its decision.

Subscription plans, price and payment

The first time the User accesses the app it will show the available subscription plans, applicable conditions, and price.

There is a free trial period if the Customer decides to subscribe to a subscription plan upgrading the functionalities that he/she can use within the app.

The subscription plans will be charged, unless the user cancels the service in his/her "Account Settings" of their iTunes Account when the corresponding free trial period, duly indicated, elapses, to the debit/credit card associated with the Apple user account. The User can see their invoices there.

Each User’s country may have its particular fees.

If you detect an error in the charges for the costs of the app’s service, you must directly contact Apple.

By subscribing to a plan, the User authorizes the monthly charge of the plan’s price in advance of each subscription period. If the monthly charge fails, the Company reserves the right to block the access to the app to the User without previous notice. Therefore, we recommend that you keep your payment information updated.

The User will be subscribed to the app’s service until he/she cancels the subscription in the settings of his/her Apple account before the start of the next subscription period. As a general rule, cancellation requests take effect immediately. Please note that, in general terms, uninstalling the app without previously canceling the subscription might not imply the cancellation of the subscription chosen. Please refer to the Refund Policy section of these Terms of Service.

The app’s price may be updated from time to time. Price changes will be effective when published on the app. However, a price change shall not be applied retroactively and will not affect those users who have already paid for a plan before the update.

Refund policy

Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the user, he/she acknowledges that the service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the service to which the user had subscribed to.

It is Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve or deny them. Moreover, they will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

Technical means for correcting errors

If the User detects an error regarding his/her personal data, payment information and/or any other information provided by them is not exact, correct or completed, he/she must amend it by accessing their Apple user account directly.

Intellectual Property Rights

All the elements contained within this app, including but not limited to, texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company and/or the partners of the Company with whom we have submitted the corresponding licenses. This is made explicit via the copyright notice in the app.

The download and use of the app does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, nonexclusive, non assignable, non-sublicensable, revocable license to download, access and use the app for his/her personal use. However, such a license does not give the User the right to:

Any unauthorized use of the app is expressly prohibited.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service under current applicable laws and regulations.

The Company reserves the right to take all legal actions at our disposal if our intellectual property rights are infringed, including compensation for direct and indirect damages.

Exemption of Liability

The Company makes its best efforts to ensure the availability and safe usage of the app. However, the download and use of the app may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the app is provided “as is'' without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the app is at the User’s own risk and responsibility.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the app and/or if the content and information provided by the app is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility when/if/for:

Applicable law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the currently applicable Portuguese law. Any action arising out of or relating to these Terms of Service shall be filed only in courts or arbitration tribunals located in Portugal and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

If a claim or disagreement between the User and the Company were to arise under these Terms of Service, the parties agree to submit the dispute through binding arbitration. The Parties expressly waive any other jurisdiction to which they may be entitled to under international private law principles and submit to the competent Courts and Tribunals of Portugal.

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly.