Predok-qr.com

VorfahrQR UG, its affiliates, and subsidiaries (collectively, VorfahrQR, we, our, and us) are pleased to provide to users (afterwise — user, you, your) certain websites, software, applications, content, products, and services (collectively, “VorfahrQR Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE VORFAHRQR SERVICES. THESE TERMS GOVERN YOUR USE OF THE VORFAHRQR SERVICES IN GENERAL. BY USING THE VORFAHRQR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

TABLE OF CONTENTS

1. These Terms of Service Are a Contract Between You and Us

2. VorfahrQR Services

3. Scope of License

4. Intellectual Property

5. Creation of VorfahrQR account

6. Fees and Payments

7. Privacy

8. Refunds

9. Payment Processor

10. Grant of Access to the Services

11. Deletion of a VorfahrQR account

12. Accuracy, Completeness, and Timeliness of Information

13. Unauthorized Use

14. Modifications to the Services, Service Outrage

15. Comments, Feedback, and Other Submissions

16. Disclaimer

17. Limitation of Liability

18. Indemnity

19. Termination

20. Other provisions

1. These Terms of Service Are a Contract Between You and Us

a. Binding Contract. These Terms of Service (“Agreement”) are a legally binding contract between you and VorfahrQR UG, a German limited liability company doing business at Cimbernstraße 13 A, 81377, München, Germany, company number: HRB 288458, and its affiliates and subsidiaries. Other than as expressly stated herein, there are no third-party beneficiaries of this Agreement.

b. Agreement; Moment of Acceptance. You represent to VorfahrQR that you have read, understood, and expressly agree to be bound by this Agreement and the terms, conditions, and notices contained or referenced herein, whether you have created a VorfahrQR account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a VorfahrQR Services offered directly by VorfahrQR or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the VorfahrQR Services). You may not use the VorfahrQR Services if you disagree with the Agreement.

c. Severability. If any of the provisions of this Agreement are held to be not enforceable by law, a court, or other tribunal of competent jurisdiction, then such provision(s) shall be amended, limited, or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

d. Amendments. We may need to change any portion of this Agreement occasionally and for many reasons, including to reflect updates to the VorfahrQR Services or changes in law. If we make a material change to this Agreement, it will be effective immediately following either our dispatch of a notice to you (we will use our reasonable efforts here, however we assume no obligation for such notification) or our posting of the amended terms through the VorfahrQR Services, the third party that makes VorfahrQR Services available to you, or at ____________. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the VorfahrQR Services, you will be deemed to have read, understood, agreed to, and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the VorfahrQR Services.

e. Eligibility. By creating a VorfahrQR account and ticking the checkbox “I’ve read, understand, and accept the Terms of Service” (or as other substantially similar phrasing is available):

I. You are a legally capable individual of 16 (sixteen) years of age or older,

1. Please note we have the right to disable your VorfahrQR account if we find out that you may not be old enough to have a VorfahrQR account and hereby disclaim any liability to you or any third party relating to disabling,

2. If your country of residence has age and legal consent requirements other than those outlined in this Agreement, you must comply with the age and legal consent requirements of your country of residence,

II. have the capacity to enter into a legally binding agreement with VorfahrQR,

III. have read and agree to be bound by this Agreement.

2. VorfahrQR Services

Through the use of VorfahrQR, the user can access the following VorfahrQR Services:

a. We provide a platform that allows you to keep memories in one place by accessing digital family archives through the Website (shall mean the websites https://vorfahrqr.de/) and application in the future (afterwise — “Services”).

b. We offer high-quality, individually designed QR codes with the possibility of ordering QR codes on physical data carriers (afterwise — “Goods”) such as wooden boxes or stone bases.

c. Each Digital QR code may provide you with the following features (but not limited to):

I. A specific volume of storage space for photos, videos, and text with access within a specific time,

II. Recovering/renovating of photos using AI,

III. Possibility to buy additional storage space,

IV. AI-based chat for creating a biography,

V. Digital QR code generation,

VI. Transferring the archive to another user or sharing it,

VII. The ability to set a password to a digital QR code,

VIII.and/or any other options as may be available to you.

d. Please note that the Goods and the features thereof that are offered to you may be subject to change at our discretion and as will be available. You may find all up-to-date information about the Goods on the Website or otherwise via VorfahrQR Services.

3. Scope of License

a. Subject to your full compliance with this Agreement and timely payment of all applicable fees for our Services, we hereby provide you, upon creation of your VorfahrQR account, receiving your relevant payments, and for as long as we wish to provide the Services to you, a non-exclusive, Transferable (as defined below), non-sublicensable, fully revocable, limited license to use our Services (as made available to you) and related intellectual property, solely as expressly permitted under this Agreement, and solely within the scope of our Services.

I. “Transferable” license means that the Administrator (as defined below) may assign its rights and obligations relating to the license granted hereunder to a third party being another user, for the purpose of transferring access to Services to such user or sharing it with them with certain limitations, or similar functions as available.

b. To avoid doubt, this Agreement does not convey or solve any right or interest of VorfahrQR other than the limited license expressly granted above. Nothing in this Agreement constitutes an assignment or waiver of our intellectual property rights under any law or jurisdiction.

4. Intellectual Property

a. All intellectual property in and to the VorfahrQR, which includes materials protected by copyright, trademark, or patent laws (including, but not limited to, the text, software, scripts, website templates, application programming interface, designs, graphics, illustrations, and animations, sounds, videos, photos, audiovisual combinations, interfaces, interactive features, textual content, and other materials you may view via VorfahrQR Services and any modifications, enhancements, and derivations thereof) is either owned by or licensed to us.

c. No licenses or rights are granted to you by implication or otherwise, under any intellectual property right controlled or owned by us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in this Agreement.

5. Creation of VorfahrQR account

a. To access and use certain features of our Services, you should (or may be required to) first register and create a Personal account (afterwise — a “VorfahrQR account”) via the Service.

b. You must have at least one of the following: a working email address and a Google or Facebook account. In case you desire to create a VorfahrQR account by using a working email address, we may require you to set up a solid secure password during the account creation.

c. You are responsible for maintaining the confidentiality of your login credentials, as well as of emails and other communications with us and/or via Website and VorfahrQR Services.

d. Please be aware that you can change the settled password in configurations of your VorfahrQR account anytime after email address confirmation.

6. Fees and Payments

a. The Services are offered on a paid basis. The current costs of our Services are available via the link or via the respective price webpages or sections or as otherwise presented via VorfahrQR Services. All costs available via the link (or as otherwise presented via VorfahrQR Services) already contain relevant value-added taxes (VAT), but applicable VAT rates may differ according to your country of residence.

b. We may change applicable costs at any time to the maximum extent permitted by applicable law. We will do our best to give you reasonable notice of any such pricing changes by posting the new prices on our Website or otherwise via VorfahrQR Services, but we cannot guarantee such notices shall be placed on a mandatory basis and in each case. You may find all up-to-date information about the costs on the Website or otherwise via VorfahrQR Services.

c. The Services or features thereof that are offered for a fee (or on a free basis) may be subject to change at our discretion and as will be available on the Website or otherwise via VorfahrQR Services.

7. Privacy

a. To use the VorfahrQR, you may be asked to provide certain Personal Data. All the matters regarding your Personal Data are governed by our Privacy Policy, and you are giving your consent to the collection of such information by using the VorfahrQR; therefore, you should ensure that you have read the Privacy Policy provisions carefully.

8. Refunds

a. If you decide that our Services aren’t the right fit for you, you can request a full refund within 30 (thirty) days of actual receipt to access the Services or actual receipt of Goods with or without any explanations.

b. To request a refund, please contact us via VorfahrQR@gmail.com. Please be aware that by getting a refund, you will lose access to all the paid features of our Services, and you are required to return the purchased Goods in proper condition. All costs associated with the delivery of returned Goods will be your responsibility.

c. Please be advised that unless expressly set forth herein, the fees paid are non-cancelable and non-refundable. In such cases, we may only refund you fees at our sole discretion.

d. To learn about our policy on replacing Goods, please refer to the relevant clause in the section Other Provisions hereof.

9. Payment Processor

a. We use a third-party payment processor — Stripe. Their Privacy Policy can be viewed at https://stripe.com/privacy. Their Terms can be viewed at https://stripe.com/legal/spc. You can purchase Goods only using our payment processor as available.

b. We do not control and are not liable for the security or performance of the payment processor.

c. You agree to pay us all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. The valid currency for payment is EUR unless otherwise permitted by our payment processor, on our Website, or as otherwise available via VorfahrQR Services.

d. We reserve the right to correct or instruct our payment processor to correct any errors or mistakes, even if payment has already been requested or received.

10. Grant of Access to the Services

a. Given the specifics of the Services, the user who has purchased the Services (including the possibility of purchasing Goods) is considered the Administrator for the purposes of providing Services (afterwise — “Administrator”).

b. The Administrator is considered to be the owner of the content located in the storage space and is free to make any amendments associated with such content according to this Agreement.

c. You being the Administrator, represent and warrant to us that:

I. You own all rights in and to any content you upload, including any designs, images, animations, videos, audio files, logos, illustrations, compositions, artworks, interfaces, text, literary works, and any other materials (hereinafter — “Content”).

II. Content is true, current, accurate, not infringing on the rights of third parties, and is in no way illegal for you to own, post, transmit, or display in the country in which you reside.

III. You may not use the Services for any illegal or unauthorized purpose or generally in a manner that may affect or disrupt VorfahrQR's reputation or business, in the sole judgment of the VorfahrQR evaluation team.

IV. You agree not to disparage VorfahrQR's reputation.

d. You acknowledge and agree that your failure to comply with any of the above or any misrepresentation made by you herein may result in the immediate termination of your VorfahrQR account and/or any Services provided to you by VorfahrQR — with or without further notice and without refund of any amounts paid for such Services.

e. VorfahrQR is not responsible for the deletion, correction, destruction, damage, loss, or improper posting of any Content.

f. If the Administrator wishes to transfer ownership of the access to the Services (as granted to such Administrator) to another user, it can be made by contacting us via VorfahrQR@gmail.com.

g. The Administrator has the right to grant access to editing the content located in the storage space to third parties after their creation of the VorfahrQR account (such user afterwise — “Editor”).

h. Editor has the right to edit (including, create, edit, delete) the contents of the storage space but does not have the right to grant any rights to any third parties.

11. Deletion of a VorfahrQR account

a. You can delete a VorfahrQR account at any time.

b. To delete your VorfahrQR account, please use the relevant option in the settings section of your VorfahrQR account and confirm the deletion of the account.

c. Please note that if you decide to delete your VorfahrQR account, your money (fees) paid for the Services is not refundable.

d. We will delete all of your VorfahrQR account information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable law or for complying with any other applicable law or meeting law enforcement requirements, or for other compelling legitimate grounds.

e. Please be advised that upon deleting a VorfahrQR account, data created within your VorfahrQR account (your personal data provided through the registration process and all Content uploaded or generated by you in connection with our Services) will be deleted immediately and permanently and will not be recoverable thereafter even if you, later on, decide to re-subscribe — you have to sign up again and start it all over.

f. Please be advised that there are different consequences for deleting your VorfahrQR account, depending on your status.

I. Upon deleting a VorfahrQR account as an Editor, only personal data provided for the aims of creation of a VorfahrQR account, as well as other data related to such user, is deleted.

II. Upon deleting a VorfahrQR account as an Administrator, all the data provided for the aims of creation of a VorfahrQR account, as well as other data related to such user, and all the Content and data related to it is deleted.

g. Please make sure that you save and otherwise export any and all your Content and other necessary data prior to such deletion.

h. However, we reserve the right to save the QR codes (link) you previously used to access your storage space within the service for our internal purposes, for example, to prevent this QR code (link) from being assigned to or used by another user.

12. Accuracy, Completeness, and Timeliness of Information

a. We are not responsible if the information available on the Website or via VorfahrQR Services is not accurate, complete, or current. Any reliance on the material on our Website or via VorfahrQR Services is at your own risk.

We reserve the right to modify the Services and contents of our Website and VorfahrQR Services at any time, but we have no obligation to update any information on our Website and VorfahrQR Services. Please review this Agreement, our Website, and VorfahrQR Services periodically to stay informed of updates. We do our best to publish any new information about the Services on the Website, via VorfahrQR Services, or by email.

At all times and without prior notice, we may make functional, procedural, or technical changes or improvements to VorfahrQR Services. We may, but in no circumstances are obliged to, adjust, add, or remove any specific functionality.

13. Unauthorized Use

a. You must not create accounts with the VorfahrQR Services through unauthorized means, including but not limited to using an automated device, script, bot, spider, crawler, or scraper.

b. You shall not in any way use anything of the Services, Website, or VorfahrQR Services which in any respect:

I. is in breach of any law, statute, regulation, or by-law of any applicable jurisdiction;

II. is fraudulent, criminal, or unlawful;

III. is inaccurate or out-of-date;

IV. is defamatory;

V. is abusive, insulting, or threatening, or which promotes, depicts, or encourages violence, self-harm, suicide, racism, sexism, hatred, or bigotry;

VI. contains expletives or language that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;

VII. is obscene, pornographic, or otherwise may offend human dignity;

VIII. impersonates any other person or body or misrepresents a relationship with any person or body;

IX. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of us or any third party;

X. constitutes providing us, posting, or otherwise transmitting the data that is not true, current, accurate, or not infringing on the rights of third parties or is in any way illegal for you to own, post, transmit, or display in the country in which you reside;

XI. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offence;

XII. is contrary to any specific rule or requirement that we stipulate on the Website or via VorfahrQR Services;

XIII. constitutes using the information received from us and/or via Website and VorfahrQR Services for commercial purposes or otherwise, which stipulates usage not for your private purposes;

XIV. involves the transmission of «junk» mail or «spam»;

XV. uses reverse engineering techniques and/or decipher, decompile, or any other system intended to know the source code of the Services, Website, or VorfahrQR Services, or any element protected by intellectual property regulations;

XVI. modifies or intends to modify the Services, Website, or VorfahrQR Services;

XVII. is aimed at copying or simulating the appearance or functions of the Services, Website, or VorfahrQR Services;

XVIII.contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from VorfahrQR or otherwise.

c. These rules of conduct and a list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct we consider to be a violation of this Agreement or improper and the appropriate action to take.

d. As a user, you agree that you are responsible for compliance with any applicable local laws that may apply to your use of Services, Website, or VorfahrQR Services.

e. If we ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on your behalf, we may terminate your access to the Services, Website, and/or VorfahrQR Services due to your breach of this Agreement, and you shall forfeit any right to any refund for the fees paid, regardless the time remaining. You agree to reimburse us for any expenses and costs, including consequential damages we or anyone else may have or may incur due to such a breach or unlawful act.

14. Modifications to the Service and Service Outage

a. We reserve the right to, temporarily or permanently, modify, suspend, or discontinue our Services, Website, and/or VorfahrQR Services (or any part or respective content thereof) without prior notice.

b. We reserve the right to refuse access to the Services, Website, and/or VorfahrQR Services to anyone for any or no reason at any time. Explanations for the reasons for suspension or refusal of access may or may not be given depending on the circumstances and cannot be demanded from us.

c. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, Website, or VorfahrQR Services (or any part or respective content thereof, including Content).

d. Any of the failures in the work of the Services, Website, and/or VorfahrQR Services, including, but not limited to, unexpected back-end under- or non-performance, power outages, fluctuations in our networks, services outages caused by a user’s third-party data centers or Internet Service Providers’ (ISP) or a user’s preferred particular ISP’s servers, routers, networks, etc. failures or connectivity problems are considered as force majeure, for which VorfahrQR is not responsible and liable.

15. Comments, Feedback, and Other Submissions

a. If available on the Website and/or VorfahrQR Services, You can provide feedback, comments, suggestions, ideas, messages, or similar information (hereinafter — “Comments”) on any appropriate sources, including, but not limited to, applications, posts, community, forums, social networks, email, etc.

b. You agree that your Comments on any sources will not violate any right of VorfahrQR and/or any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right.

c. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, and you may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third parties as to the origin of any Comments.

d. You are responsible for any Comments you make and their accuracy. We reserve the right, at our sole discretion, to require the deletion or tagging of any Comments from the platforms where you share Comments about VorfahrQR or VorfahrQR Services.

16. Disclaimer

a. Your use of any aspect of the Services, Website, and VorfahrQR Services, is at your own risk. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Services, Website, and VorfahrQR Services.

b. The Services, Website, and/or VorfahrQR Services may not be available in all languages or all countries, and we make no representation that the functionality of the Services, Website, and/or VorfahrQR Services would be appropriate, accurate, or available for use in any particular location. The Services’, Website’s, and/or VorfahrQR Services’ availability, pricing, and payment currency are subject to change, as suggested above.

c. You hereby acknowledge and agree that there is no 100% secure method of Internet communications or electronic storage. We use our best efforts to protect your data, however we cannot guarantee its absolute security.

d. This disclaimer constitutes an essential part of this Agreement.

17. Limitation of Liability

a. To the maximum extent permitted by applicable law, under no circumstances, and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors, or suppliers not be liable to you or any third party for any personal injury, including death, or for any indirect, special, incidental, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Services, Website, and/or VorfahrQR Services, including, without limitation, damages for loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages.

b. The Services, Website, and VorfahrQR Services are provided as is, without representation or warranty of any kind. To the fullest extent provided by applicable law, we hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, non-infringement, and fitness for a particular purpose.

c. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

d. Under no circumstances shall our liability to you for any claim or cause of action whatsoever, and regardless of the form of the action, exceed the lesser of the amount you paid us for 1 (one) Good. This limitation of liability is cumulative and not per incident.

e. Any claims arising out of or in connection with your use of the Services, Website, and/or VorfahrQR Services must be brought within 6 (six) months of the date of the event giving rise to such action occurring. Remedies provided to you under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.

f. We hereby disclaim any and all liability to you or any third party relating to your use of the Services, Website, and VorfahrQR Services.

18. Indemnity

a. You agree to defend, indemnify, and hold us harmless, including our officers, directors, employees, agents, subcontractors, licensors, and suppliers, any of our affiliated companies and organizations, and any successors and assigns from and against any claims, actions, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:

I. the breach of this Agreement by you or anyone using your device, password, or login information;

II. any claim, loss, or damage experienced from your use or attempted use of (or inability to use) the Services, Website, or VorfahrQR Services;

III. your violation of any law or regulation or

IV. any other matter for which you are responsible under this Agreement or law. You agree that using Services, Website, and VorfahrQR Services shall comply with all applicable laws, regulations, and guidelines.

b. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with the Services, Website, or VorfahrQR Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or negotiations as requested by us.

19. Termination

a. This Agreement is effective until terminated by either you or us. Upon such termination, you will not be entitled to any refund for purchases. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services, Website, and VorfahrQR Services. If you violate this Agreement, our permission for you to use the Services, Website, and/or VorfahrQR Services automatically terminates.

b. At our sole discretion, we, however, may terminate this Agreement and your access to Services, Website, and/or VorfahrQR Services at any time and for any or no reason, without penalty or liability to you or any third party.

c. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us hereunder, by law or otherwise.

d. Any termination of this Agreement shall not affect or prejudice any right to damages or other remedies which we may have in respect of the event giving rise to the termination or any other reason to damages or other remedies which we may have in respect of any of your breach or failure to comply with this Agreement which existed at or before the date of termination.

e. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property, Disclaimer, Limitation of Liability, Indemnity, and Other Provisions.

20. Other Provisions

a. Installation of QR codes. To install QR codes provided by us at a cemetery, in some cases, permission from the cemetery administration or other relevant body is required. VorfahrQR does not have the authority to guarantee permissions at all cemeteries, so users are advised to contact the relevant cemetery administration and required bodies to agree on the terms of installation.

b. Links. By using our Services, Website, and/or VorfahrQR Services, you can follow different links to websites, applications, or other products or services, operated by other companies (“Third-Party Services”). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms of Service (Conditions) and Privacy Policies. We are not responsible for the content or policies of Third-Party Services, and you access such Third-Party Services at your own risk.

c. Choice of law and dispute resolution. This Agreement and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of Federal Republic of Germany, excluding conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by ordinary courts in Munich, Germany.

d. Assignability. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written and explicit consent. You agree that this Agreement, Privacy Policy, and/or other applicable arrangements between you and us, in general, may be assigned by us, at our sole discretion to any third party.

e. No waiver. Failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as our waiver of any provision or right contained herein.

f. Notices and electronic communication. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email, text messaging, or notifications. The language of the communication shall be German or English. Please submit any notices to us relating to this Agreement via email to VorfahrQR@gmail.com.