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ADDQR Terms of Service

Effective Date: November 21, 2025

1. Introduction

Welcome to ADDQR! By accessing or using our QR code generation, tracking, and management platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Service.

2. Definitions

  • “Service” refers to the ADDQR platform, including QR code generation, tracking, analytics, biolinks, shortlinks, and all related features accessible via ADDQR.com.

  • “User” or “you” refers to any person or entity that accesses or uses the Service.

  • “Content” refers to any information, data, text, links, images, or other materials you input, upload, or generate using the Service.

  • “QR Code” refers to any Quick Response code created using the Service, whether static or dynamic.

  • “Lead Form” refers to forms embedded in QR codes or linked through QR codes that collect end-user information.

  • “End-User Data” refers to any personal information submitted by individuals through your Lead Forms or data collection features.

  • “ADDQR,” “we,” “us,” or “our” refers to ADDQR.com and its affiliates, officers, directors, employees, and agents.

3. Acceptance of Terms

By creating an account, generating QR codes, or using any feature of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you use Lead Forms or other data collection features, you also agree to execute ADDQR’s Data Processing Agreement. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

4. Modifications to Terms

ADDQR reserves the right to update, modify, or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on our website with a new “Effective Date.” Your continued use of the Service after such changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

5. User Responsibilities and Account Management

As a User, you agree to:

  • Provide accurate, current, and complete information when creating an account

  • Maintain the security and confidentiality of your account credentials

  • Be at least 18 years of age or the age of legal majority in your jurisdiction

  • Use the Service only for lawful purposes and in compliance with all applicable laws

  • Notify us immediately of any unauthorized access to or use of your account

  • Be solely responsible for all activities that occur under your account

6. QR Code Generation and Data Input

6.1 Input Data Tracking

You acknowledge and agree that:

  • All data you input into the Service for QR code generation (including URLs, text, contact information, images, and any other content) is tracked and logged for Service functionality, analytics, security, and improvement purposes.

  • We collect and store the information you enter to create QR codes, including but not limited to: URLs, text data, vCard information, contact details, business information, images, logos, and any other content you provide.

  • This data collection is necessary for the Service to function and to provide you with analytics and tracking features.

6.2 Public Nature of QR Code Content

You understand and acknowledge that:

  • Any data entered into a QR code or associated landing page is publicly accessible to anyone who scans the QR code or accesses the associated URL.

  • You must not enter sensitive, confidential, or personally identifiable information (such as passwords, social security numbers, financial account information, or protected health information) into QR codes or landing pages unless you have obtained all necessary consents and authorizations.

  • You are solely responsible for determining what information is appropriate to include in your QR codes.

6.3 Your Indemnification for QR Code Content

You agree to indemnify, defend, and hold ADDQR harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), arising from or relating to:

  • Any data or content you include in QR codes generated using the Service

  • Any unauthorized disclosure or misuse of data accessible through your QR codes

  • Any violation of third-party rights resulting from your QR code content

  • Any violation of applicable laws or regulations through your use of the Service

7. QR Code Functionality Disclaimer

7.1 No Warranty of QR Code Performance

ADDQR DOES NOT WARRANT OR GUARANTEE THAT QR CODES GENERATED THROUGH THE SERVICE WILL FUNCTION AS INTENDED OR WILL BE SCANNABLE IN ALL ENVIRONMENTS.

You acknowledge and agree that:

  • QR code functionality depends on numerous factors beyond ADDQR’s control, including but not limited to: scanner device quality, lighting conditions, printing quality, surface material, camera capabilities, scanning software, QR code size, display medium, and environmental conditions.

  • ADDQR is not responsible if QR codes fail to scan, malfunction, redirect incorrectly, become inaccessible, or otherwise do not perform as expected.

  • QR codes may cease to function due to technical issues, service interruptions, account termination, subscription expiration, or deletion of QR codes.

  • Dynamic QR codes require active account status and may stop functioning if your account is suspended, terminated, or cancelled.

7.2 No Liability for QR Code Failures

YOU AGREE THAT ADDQR SHALL HAVE NO LIABILITY WHATSOEVER for any issues, failures, malfunctions, or problems with QR codes generated using the Service, including but not limited to:

  • QR codes that fail to scan or are not recognized by scanning devices

  • QR codes that redirect to incorrect or unintended destinations

  • QR codes that become inaccessible or stop functioning

  • Loss of QR code functionality due to technical issues or service interruptions

  • Damage to printed materials or products featuring non-functional QR codes

  • Any costs associated with reprinting, redistributing, or replacing materials containing QR codes

You use QR codes generated by the Service entirely at your own risk.

8. No Liability for Loss of Revenue or Business Damages

8.1 Exclusion of All Business and Economic Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADDQR SHALL NOT BE LIABLE FOR ANY:

  • Loss of revenue, profits, income, or business opportunities of any kind

  • Loss of actual or anticipated savings or economic loss of any nature

  • Loss of business, customers, contracts, or goodwill

  • Damage to business reputation or brand

  • Loss arising from business interruption or service unavailability

  • Costs of procurement of substitute services or products

  • Any economic damages whatsoever, whether direct, indirect, incidental, special, consequential, or punitive

arising from or related to:

  • Your use of or inability to use the Service

  • Any QR codes you generate using the Service

  • Any failure, malfunction, or unavailability of QR codes or the Service

  • Any reliance on QR codes for business purposes

  • Any marketing campaigns, promotional activities, or business operations involving QR codes

  • Any printing, distribution, or deployment of QR codes

8.2 Your Sole Responsibility for Business Use

You acknowledge that:

  • You are solely responsible for testing QR codes before deploying them in any business application, marketing campaign, product packaging, or printed materials.

  • ADDQR makes no representations or warranties regarding the suitability of QR codes for any particular business purpose.

  • You assume all risks associated with using QR codes in your business operations.

9. Lead Forms and End-User Data Collection

9.1 Lead Form Disclaimer and User Responsibility

If you use ADDQR’s Lead Form feature or create forms embedded in QR codes that collect information from end users (“End-User Data”):

  • YOU ARE THE EXCLUSIVE DATA CONTROLLER for all End-User Data collected through your Lead Forms.

  • ADDQR PROVIDES LEAD FORM SERVICES ON AN “AS-IS” BASIS without warranties regarding security, uptime, or data integrity.

  • You acknowledge and assume all risks related to:

    • The security and protection of End-User Data

    • ADDQR’s infrastructure and systems

    • Data loss, corruption, or unauthorized access

    • Service interruptions or unavailability

    • Any third-party attacks or breaches affecting the Service

  • You have full responsibility for the collection, storage, use, security, and compliance obligations related to End-User Data you choose to collect.

9.2 Limited Security Disclaimer

Users acknowledge that ADDQR provides Lead Form services without guarantees regarding:

  • HIPAA, PCI-DSS, SOC 2, or other compliance certifications

  • Real-time threat monitoring or detection

  • 24/7 security operations

  • End-to-end encryption of End-User Data

  • Advanced intrusion prevention systems

  • Redundant backup systems beyond standard backups

ADDQR implements basic security measures including:

  • Standard HTTPS encryption in transit

  • Database access controls

  • Regular automated backups (retained for a reasonable period)

You assume all liability for security risks associated with using ADDQR’s infrastructure.

9.3 ADDQR’s Disclaimer of Liability for Lead Form Data

ADDQR SHALL HAVE NO LIABILITY for any End-User Data collected through Lead Forms, including but not limited to:

  • Personal information (names, email addresses, phone numbers, addresses, company information)

  • Financial information or payment details

  • Health information or other sensitive data categories

  • Any data breaches, security incidents, or unauthorized access to End-User Data

  • Your failure to comply with data protection laws (GDPR, CCPA, HIPAA, CCRA, or any other applicable law)

  • Your failure to obtain proper consent from end users

  • Your failure to implement security measures for data you download or access

  • Your failure to provide required privacy notices or disclosures

  • Any misuse or unauthorized use of End-User Data by you or third parties

  • Any claims, disputes, or litigation arising from End-User Data collection

  • Data loss, corruption, deletion, or unavailability

  • Service interruptions or downtime affecting End-User Data

9.4 Your Obligations as Data Controller for Lead Forms

If you create and use Lead Forms, you agree to:

  • Comply with all applicable data protection and privacy laws (including GDPR, CCPA, HIPAA, CCRA, CAN-SPAM, and similar regulations in all jurisdictions where you operate)

  • Obtain all necessary, explicit, and informed consents from end users before collecting their data

  • Provide clear, prominent, and truthful privacy notices informing end users what data is being collected, how it will be used, and with whom it will be shared

  • Implement appropriate security measures to protect End-User Data

  • Never use Lead Forms to collect data for unlawful, fraudulent, or deceptive purposes

  • Never collect sensitive information (financial data, health data, etc.) without explicit lawful basis and consent

  • Maintain detailed records of your data processing activities and consent procedures

  • Obtain explicit consent or unambiguous authorization to share End-User Data with any third party

  • Ensure Lead Forms clearly disclose that data will be used for purposes you specify (sales, marketing, etc.)

  • Provide opt-out mechanisms for end users to prevent marketing communications (CAN-SPAM compliance)

  • Assess ADDQR’s security measures and determine whether they are adequate for your use case

  • Implement additional security measures for data outside of ADDQR’s infrastructure

  • Back up and download End-User Data regularly

  • Be solely responsible for deleting, retaining, or managing End-User Data in compliance with applicable laws

9.5 Your Indemnification for Lead Form Data

You agree to indemnify, defend, and hold ADDQR, its officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:

  • End-User Data collected through your Lead Forms

  • Your use, storage, processing, or sharing of End-User Data

  • Your failure to comply with data protection laws

  • Your failure to obtain proper consent

  • Your failure to provide required privacy notices

  • Your failure to maintain security measures for End-User Data

  • Any data breaches or security incidents affecting End-User Data

  • Your sharing or disclosure of End-User Data to third parties

  • Any claims by end users regarding their data

  • Your selection and use of ADDQR’s infrastructure for storing End-User Data

  • Any regulatory investigations or enforcement actions related to your data collection practices

  • Any fines or penalties imposed by data protection authorities for your violations

  • Any legal disputes with end users or third parties regarding End-User Data

10. User Content and User-Generated Content

10.1 Your Content Ownership and Responsibility

You retain ownership of all Content you create or provide through the Service. However, you are solely and exclusively responsible for:

  • The accuracy, legality, appropriateness, and quality of all Content you submit

  • Ensuring you have all necessary rights, licenses, permissions, and consents to use and submit the Content

  • Ensuring your Content does not infringe any third-party intellectual property rights, privacy rights, or other proprietary rights

  • Ensuring your Content complies with all applicable laws and regulations

  • Any consequences arising from your Content

10.2 Indemnification for User Content

You agree to indemnify, defend, and hold ADDQR, its officers, directors, employees, affiliates, and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:

  • Your Content and any use thereof

  • Your violation of these Terms

  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

  • Your violation of any applicable laws or regulations

  • Any false, inaccurate, or misleading information you provide

  • Any claims that your Content caused damage to a third party

10.3 Grant of Rights to ADDQR

By submitting Content to the Service, you grant ADDQR a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:

  • Use, reproduce, modify, adapt, publish, translate, distribute, and display your Content

  • Create derivative works from your Content

  • Use your Content for operational, promotional, marketing, and advertising purposes

  • Incorporate your Content into other works in any format or medium

This license continues even if you delete your Content or terminate your account, to the extent such Content has been used in connection with the Service or promotional materials.

10.4 No Obligation to Monitor; Right to Remove

ADDQR has no obligation to monitor, review, or verify any Content submitted by users. However, we reserve the right (but have no obligation) to:

  • Monitor, review, edit, or remove any Content at any time without notice

  • Refuse to post or display any Content

  • Remove Content that violates these Terms or is otherwise objectionable

  • Suspend or terminate accounts that submit prohibited Content

You acknowledge that ADDQR is not responsible for any Content posted by users and has no liability for any Content, whether provided by you or third parties.

11. Forms, Landing Pages, and Data Collection Features

11.1 Your Responsibility as Data Controller

If you use the Service to create forms, landing pages, digital business cards, or other features that collect data from end users:

  • You are the data controller for all data collected through these features.

  • ADDQR provides the technical infrastructure only and assumes no responsibility for the data collected beyond basic infrastructure security.

  • You are solely responsible for complying with all applicable data protection laws (including GDPR, CCPA, and other privacy regulations).

  • You must obtain all necessary consents from individuals before collecting their data.

  • You must implement appropriate security measures for any data you collect or download.

11.2 ADDQR’s Disclaimer of Liability for Collected Data

ADDQR expressly disclaims all responsibility and liability for:

  • The accuracy, legality, sensitivity, or appropriateness of any data collected through your forms or landing pages

  • Any misuse, unauthorized disclosure, or inappropriate handling of collected data

  • Your compliance or non-compliance with data protection laws

  • Any claims, disputes, or legal actions arising from data collection activities

  • Data breaches or security incidents affecting data you collect or download

11.3 Your Indemnification for Data Collection

You agree to indemnify, defend, and hold ADDQR harmless from any and all claims, liabilities, damages, losses, costs, expenses, and fees arising from:

  • Data collection through forms, landing pages, or other features you create

  • Your handling, processing, storage, or use of collected data

  • Your failure to comply with data protection laws

  • Any privacy violations or data breaches involving data you collect

  • Any claims by individuals whose data you collect

12. Prohibited Activities

You may not use the Service to:

  • Engage in any illegal activity or violate any laws or regulations

  • Distribute malware, viruses, or any harmful code

  • Engage in phishing, hacking, fraud, or deceptive practices

  • Infringe intellectual property rights of any third party

  • Transmit spam, unsolicited advertising, or bulk communications

  • Collect personal information without proper consent and legal authority

  • Impersonate others or misrepresent your affiliation

  • Distribute obscene, offensive, threatening, harassing, or illegal content

  • Promote violence, terrorism, hate speech, or discrimination

  • Exploit or harm minors in any way

  • Interfere with or disrupt the Service or its servers

  • Attempt to gain unauthorized access to the Service or other users’ accounts

  • Use the Service for any competing or commercial purpose not authorized by ADDQR

  • Reverse engineer, decompile, or disassemble any part of the Service

  • Use automated systems (bots, scrapers, crawlers) to access the Service

  • Create QR codes that link to prohibited content or illegal material

  • Use Lead Forms or data collection features for unlawful, fraudulent, or deceptive purposes

  • Collect sensitive information (financial data, health data, etc.) without proper legal authority and consent

Violation of these prohibitions may result in immediate suspension or termination of your account and potential legal action.

13. Email Communications and Consent

13.1 Types of Email Communications

By creating an account, you consent to receive the following types of emails:

a) Essential Transactional Emails (cannot opt out):

  • Account registration confirmations

  • Password reset requests and security alerts

  • Payment receipts and billing notifications

  • Subscription confirmations and renewals

  • Service-related updates and changes to Terms

b) Automated System Notifications (cannot opt out):

  • Account activity alerts

  • QR code scan notifications

  • Security warnings

  • Service outage or maintenance notifications

  • Legal compliance notices

c) Promotional Marketing Emails (for Free Tier accounts):

  • Free account users will receive occasional promotional emails regarding new features, special offers, upgrades, and marketing content.

  • You may unsubscribe from promotional emails at any time by clicking the “unsubscribe” link in any promotional email or by adjusting your account settings.

  • Unsubscribe requests will be honored within 10 business days.

  • Paid account users may opt out of promotional emails by default but may opt in if desired.

d) Feature Updates and Product Announcements (optional):

  • Updates about new features and improvements

  • You may opt out via account settings or unsubscribe links

13.2 Email Communication Rights

  • You have the right to opt out of optional email communications at any time.

  • We will not sell, rent, or share your email address with unaffiliated third parties for their marketing purposes without your consent.

  • Opting out of promotional emails does not affect essential transactional or system notification emails.

14. QR Code Scan Analytics

14.1 Analytics Data Collection (No PII from Scans)

When a QR code you created is scanned, we collect:

  • Date and time of scan

  • Device type and operating system

  • Browser information

  • IP address and geolocation (city, state, country)

  • Referring URL

This analytics data is shared with you (the QR code creator) to provide scan statistics and insights.

IMPORTANT: We do not collect personally identifiable information (PII) from QR code scans themselves. Any personal information collected is done through Lead Forms or other data collection features you intentionally create, and you are solely responsible for that collection as described in Section 9.

14.2 QR Code Analytics Disclaimer

You acknowledge that:

  • QR code scan analytics are provided “as is” without warranties

  • Scan data may be incomplete, delayed, or inaccurate due to technical limitations

  • We do not guarantee the accuracy or completeness of analytics data

  • ADDQR is not liable for any decisions made based on analytics data

15. Analytics and Tracking

15.1 Service Analytics and Tracking Tools

ADDQR uses the following analytics and tracking technologies:

a) Google Analytics

  • We use Google Analytics to collect and analyze usage data, including pages viewed, time on site, user interactions, and demographic information.

  • Google Analytics uses cookies and may collect your IP address, browser type, device information, and browsing behavior.

  • For information about Google’s data practices, visit: https://policies.google.com/privacy

  • You may opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

b) Microsoft Clarity

  • We use Microsoft Clarity for session replay, heatmap analytics, and user behavior tracking.

  • Clarity collects data including mouse movements, clicks, scroll behavior, session recordings, device information, screen resolution, and navigation patterns.

  • Clarity uses cookies and may collect anonymized IP addresses for geolocation.

  • Clarity’s default masking protects sensitive form fields like passwords and payment information.

  • For Microsoft’s privacy practices, visit: https://privacy.microsoft.com/

  • You can manage Clarity tracking through cookie consent settings.

15.2 Cookie Usage

We use cookies and similar tracking technologies for:

  • Authentication and account management

  • Storing user preferences and settings

  • Analytics and performance monitoring

  • Security and fraud prevention

You can control cookie settings through your browser, but disabling cookies may limit Service functionality. See our Cookie Policy for more details.

15.3 Consent for Tracking

By using the Service, you consent to the tracking and analytics practices described above. For users in the European Economic Area, UK, or regions with specific consent requirements, we provide cookie consent management tools to obtain your explicit consent before non-essential tracking begins.

16. Intellectual Property Rights

16.1 ADDQR’s Intellectual Property

All aspects of the Service, including but not limited to software, code, design, graphics, logos, trademarks, text, images, and functionality, are owned by ADDQR and protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose. This license terminates upon any violation of these Terms.

16.2 Restrictions

You may not:

  • Modify, copy, reproduce, or create derivative works of the Service

  • Reverse engineer, decompile, or disassemble any software

  • Remove or alter any copyright, trademark, or proprietary notices

  • Use ADDQR’s trademarks or branding without written permission

17. Service Availability and Modifications

17.1 “As Is” and “As Available” Basis

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ADDQR makes no guarantees that:

  • The Service will be uninterrupted, timely, secure, or error-free

  • The Service will meet your specific requirements or expectations

  • Any errors or defects will be corrected

  • The Service will be compatible with all devices or browsers

  • Data will not be lost or corrupted

17.2 Right to Modify or Discontinue

ADDQR reserves the right to:

  • Modify, suspend, or discontinue any aspect of the Service at any time without notice

  • Change pricing, features, or service plans without prior notice

  • Impose limits on Service usage

  • Update software and infrastructure

We shall not be liable for any modification, suspension, or discontinuation of the Service.

17.3 Service Interruptions

ADDQR is not liable for any interruptions or unavailability caused by:

  • Scheduled or emergency maintenance

  • Technical difficulties or system failures

  • Internet service provider issues or network problems

  • Third-party service disruptions

  • Cyber attacks, DDoS attacks, or security incidents

  • Your equipment, software, or connectivity issues

  • Force majeure events (natural disasters, pandemics, war, etc.)

18. Account Suspension and Termination

18.1 ADDQR’s Right to Terminate

ADDQR reserves the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms or any applicable laws

  • Fraudulent, abusive, or harmful behavior

  • Non-payment of fees

  • Prolonged inactivity

  • Security concerns or risks to the Service

  • Prohibited use of the Service

  • At our sole discretion for any other reason

18.2 Effect of Termination

Upon termination:

  • Your right to access and use the Service immediately ceases

  • Dynamic QR codes associated with your account may stop functioning

  • We may delete your account data, Content, and QR codes after a reasonable period

  • You remain liable for all obligations incurred prior to termination

  • Provisions of these Terms that by their nature should survive termination shall survive, including indemnification, disclaimers, and limitations of liability

18.3 Your Right to Terminate

You may terminate your account at any time by contacting customer support or through account settings. You remain responsible for any fees incurred prior to termination.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADDQR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

  • Any warranties regarding the accuracy, reliability, or completeness of the Service or Content

  • Any warranties that the Service will be error-free, secure, or uninterrupted

  • Any warranties regarding the results obtained from using the Service

ADDQR DOES NOT WARRANT THAT:

  • QR codes will function correctly or be scannable in all circumstances

  • The Service will meet your business requirements or expectations

  • Any defects will be corrected

  • The Service is free from viruses or harmful components

  • Lead Form services are secure or suitable for sensitive data

YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE.

20. Limitation of Liability

20.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADDQR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, income, or business opportunities

  • Loss of data, goodwill, or business reputation

  • Cost of procurement of substitute goods or services

  • Business interruption or loss of use

  • Any other intangible losses

arising from or related to:

  • Your use of or inability to use the Service

  • Any QR codes generated using the Service

  • Any conduct or content of any third party on the Service

  • Unauthorized access to or use of our servers and/or personal information

  • Any interruption, suspension, or termination of the Service

  • Any bugs, viruses, or other harmful code transmitted through the Service

  • Any errors, mistakes, or inaccuracies of content

  • Personal injury or property damage resulting from your use of the Service

  • Any End-User Data collected through Lead Forms

  • Any data breaches or security incidents

  • Data loss, corruption, or unavailability

EVEN IF ADDQR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 Cap on Liability for All Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADDQR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) The total amount you paid to ADDQR in the twelve (12) months preceding the claim; or
(b) One hundred dollars ($100.00)

This liability cap applies to all claims, including those arising from Lead Form data breaches, security failures, data loss, or any other cause.

20.3 Jurisdictions That Do Not Allow Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, ADDQR’s liability is limited to the greatest extent permitted by law.

20.4 Basis of the Bargain

You acknowledge that ADDQR has set its prices and entered into this agreement in reliance upon the disclaimers of warranty and limitations of liability set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties.

21. Indemnification

You agree to indemnify, defend, and hold harmless ADDQR, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:

  • Your use of or inability to use the Service

  • Your violation of these Terms

  • Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights

  • Your violation of any applicable laws or regulations

  • Any Content you submit, post, or transmit through the Service

  • Any data you collect through forms, landing pages, Lead Forms, or other features

  • Any QR codes you generate or distribute using the Service

  • Your negligence, willful misconduct, or fraud

  • Any claims that your Content or QR codes caused damage to a third party

  • Any End-User Data you collect or mishandle

  • Your selection and use of ADDQR’s infrastructure for storing End-User Data

  • Any regulatory violations or enforcement actions related to your use of the Service

  • Any data breaches, security incidents, or unauthorized access to End-User Data

  • Any claims by individuals whose data you collected through your Lead Forms

This indemnification obligation survives termination of these Terms and your use of the Service.

22. Third-Party Links and Services

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by ADDQR. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that:

  • ADDQR is not responsible or liable for any damage or loss caused by third-party sites or services

  • Your use of third-party services is at your own risk

  • You should review the terms and privacy policies of any third-party services you access

23. Data Protection and Privacy

23.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and sharing practices.

23.2 Data Processing Agreement

For customers using Lead Forms or other data collection features that involve processing of personal data, ADDQR’s Data Processing Agreement (“DPA”) applies. You must execute the DPA before using Lead Forms. The DPA specifies security limitations and liability allocations for End-User Data processing.

23.3 GDPR and CCPA Compliance

ADDQR complies with applicable data protection laws for account holder data. However, for End-User Data collected through Lead Forms:

For GDPR (European Users):

  • You are the data controller and are responsible for GDPR compliance

  • You must obtain proper consent and provide privacy notices to end users

  • To exercise your rights regarding your own ADDQR account data, contact us at [email protected]

For CCPA (California Residents):

  • You are responsible for CCPA compliance for End-User Data you collect

  • To exercise your rights regarding your own ADDQR account data, contact us at [email protected]

23.4 Data Security

While we implement basic security measures, we cannot guarantee absolute security. You acknowledge that:

  • No method of electronic transmission or storage is 100% secure

  • You use the Service at your own risk regarding data security

  • You are responsible for maintaining the security of your account credentials

  • You are responsible for assessing whether ADDQR’s security is adequate for your use case

24. Dispute Resolution and Governing Law

24.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

24.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising from these Terms or your use of the Service shall be brought exclusively in the federal or state courts located in California. You irrevocably consent to the jurisdiction of such courts and waive any objection to venue.

24.3 Arbitration (if applicable)

Any dispute arising from these Terms may be subject to binding arbitration as specified in a separate arbitration agreement, if applicable.

24.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

25. Miscellaneous Provisions

25.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement (if applicable), and any other policies referenced herein, constitute the entire agreement between you and ADDQR regarding the Service.

25.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

25.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

25.4 Assignment

You may not assign or transfer these Terms or your account without ADDQR’s prior written consent. ADDQR may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

25.5 Force Majeure

ADDQR shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

25.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

25.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

26. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

ADDQR
Email: [email protected]
Privacy Inquiries: [email protected]