Terms of Service of 4 MB Technologies
Introduction
The 4 MB Technologies Gewerbe, Am Stentenberg Str 31, 51702 Bergneustadt, Germany (here after referred as 4 MB Technologies) develops, operates and provides various services in the field of creation, management optimization of article / product, production and personal QR codes. The article / product involves the embedding any amount of product digital data in texts, images, videos, pdf files and weblinks in one QR Code, assessable by QR Code scan with the smart phone any other compatible device. The production QR Codes handles the creation of bulk QR codes for a product on mass scale involving the production parameter vendor, variable combination, batch number, manufacture date, expiry date and the QR Code creation date. The 4 MB Technologies also provides the service to create personal QR Code, which involves the creation of single entity QR Code for web URL, phone number, calendar, Email, WIFI, text, SMS and my QR Code. The 4 MB Technologies also offers the STT app for Android and iOS, where the users, can scan, create and save the QR code with the desired name, in the desired customised main-sub category. This App also enables the users to digitalise their physical stuff by saving the images of their physical things along with the name, desired main as well as subcategory, related text remarks, purchase date, expiry date and the related documents in image and pdf format. In STT app, user can create his own customised wallet making desired main as well sub categories. User can put the warranty as well as other desired alarms on the saved personal physical stuff. Upon saving the physical stuff in the STT app, a respective QR Code is generated in the app which user can download and share it. Furthermore, with STT app, after scanning the STT web generated article/production QR Code, user can communicate with the responsible company for that particular product through our product chat function. The services are provided by 4 MB Technologies under domain qrcode-stt.com and its related sub domain like app.qrcode-stt.com, api.qrcode-stt.com and through any other related domain in future. 4 MB Technologies reserves the rights to add further domains. With these General Terms of Services (hereafter referred as “T&S”) 4 MB Technologies wants to ensure transparent business relationship with the user, but also protect 4 MB Technologies from malicious use. By accepting T&S, you are also agreeing our privacy policy, cookies policy, upload content License, acceptable use policy in the version applicable at the time of the conclusion of the agreement, links for them you can find at our home page:
www.qrcode-stt.com
The T&S become effective ad of: 01.07.2023
1.Scope of this agreement
The scope of this agreement is the use of the respective specifically agreed services, as described within the respective concrete service sections provided by 4 MB Technologies to the user against payment or free of charge.
Thes T&S regulate any referred to the T&S contractual relationship between 4 MB Technologies and the user (here after referred as “Agreement”). This applies regardless of whether the making of declarations, the logging in, the registration, the contract conclusion, the services or the reception of services occur inside or outside of Germany.
2.Conclusion of the Agreement
3.Services
3.1General
The services of 4 MB Technologies may be generally used for private and commercial purpose, unless it is explicitly stated with in the respective services that a private or commercial services is permitted exclusively. 4 MB Technologies’s goal is to provide users with a continuous availability and an error free functionality of the services provided. Nevertheless, 4 MB Technologies may restrict or shut down services or systems to a reasonable extent during off peak-times for maintenance or performance optimisation. Besides this, 4 MB Technologies is entitled to discontinue services completely after prior notice.
3.2 Account
As a registered user you are able to create and use and account in accordance with the Acceptable use Policy. The use of pseudonyms, nicknames or professional names instead of given names and surnames as well as multiple registration is forbidden, unless permitted by 4 MB Technologies in writing. The registration process is detailed in 4 MB Technologies’s Privacy Policy.
The user agrees to provide accurate and complete information when registering and during the relationship, and keeping these information up to date.
The user must not disclose any account information to any third party, including the password, The user is solely responsible to maintain the confidentiality and security of the account and for all activities that occur through or in connection with it. In case of any suspected security infringement or misuse with regards to the account, the user notifies 4 MB Technologies immediately in writing.
4 MB Technologies is not responsible for any losses or damage caused by an unauthorised use of the account. This accounts explicitly for information stored within the account or eventual harmful misuse of the compromised account, for instance by exchanging links to specific codes in similar activities.
3.3 QR Code, Product / Article QR Code, Production QR Code, Personal QR Code (web URL, phone number, calendar, Email, WIFI, text, SMS and my QR Code), App
4 MB Technologies develops, operates and provides various services in the field of creation, management optimization of article / product and production QR codes. This involves the embedding any amount of product digital data in texts, images, videos, pdf files and weblinks in one QR Code. The production QR Codes handles the creation of bulk QR Codes for a product on mass scale involving the production parameter vendor, variable combination, batch number, manufacture date, expiry date and the QR Code creation date. The 4 MB Technologies also provides the service to create personal QR Code, which involves the creation of single entity QR Code for web URL, phone number, calendar, Email, WIFI, text, SMS and my QR Code. The 4 MB Technologies also offers the STT app for Android and iOS, where the users, can scan, create and save the QR code with the desired name, in the desired customised main-sub category. This App also enables the users to digitalise their physical stuff by saving the images of their physical things along with the name, desired main as well as subcategory, related text remarks, purchase date, expiry date and the related documents in image and pdf format. In STT app, user can create his own customised wallet making desired main as well sub categories. User can put the warranty as well as other desired alarms on the saved personal physical stuff. Upon saving the physical stuff in the STT app, a respective QR Code is generated in the app which user can download and share it. Furthermore, with STT app, after scanning the STT web generated article/production QR Code, user can communicate with the responsible company for that particular product through our product chat function.
The concrete contractual services of 4 MB Technologies result from the respective concrete presentation with in the individual service sections. The same applies to the scope of services, that service period, obligations of the user to pay remuneration and further concrete service conditions.
The services provided by 4 MB Technologies depend to considerable extent on the availability of third parties, in particular also on the availability and accessibility of not limited to for examples, the worldwide internet and mobile communication infrastructure, data centres, telephone lines, mobile communication networks, domains, apps, and so forth. The user is aware that these factors are beyond that influence of and responsibility of 4 MB Technologies and acknowledges that for this reason, 4 MB Technologies’s services may be completely or partly (e.g single service or only for individual users), permanently or temporarily discontinued, restricted, blocked or modified as far as required.
4 MB Technologies uses programmes that allow conclusion on the usage and usage behaviour of users. This information increases the safety, optimise the services of 4 MB Technologies and is handled confidentially in due compliance with the provisions and regulations of data protection outlined in 4 MB Technologies Privacy Policy.
4 MB Technologies’ s QR Code services allow the user to upload, submit. store, send, receive and share content of user choice. There are no obligations to provide any content to do so. If the user chooses to upload or share the content, the user ensures to have the necessary rights and that the respective content is lawful. The upload content licence detailed description of what is explicitly prohibited in this respect is listed in 4 MB Technologies’s upload content licence and Acceptable Use Policy. 4 MB Technologies has the rights to extend these regulations at any point in time.
3.4 Tools / features in testing phase
The services of 4 MB Technologies may be generally used for private and commercial purpose, unless it is explicitly stated with in the respective services that a private or commercial services is permitted exclusively. 4 MB Technologies’s goal is to provide users with a continuous availability and an error free functionality of the services provided. Nevertheless, 4 MB Technologies may restrict or shut down services or systems to a reasonable extent during off peak-times for maintenance or performance optimisation. Besides this, 4 MB Technologies is entitled to discontinue services completely after prior notice.
3.5 Other services
4 MB Technologies is constantly developing new services, which may be added to the present services panel. The user may be informed about such services, e.g. via Pop Up information with in the user’s account or by sending him email. To obtain such services, the prementioned regulations in section 2 of this T&S about the conclusion of an agreement apply. A consent of the user will be collected in this respect as far as legally required.
3.6 Denial of guarantee
4 MB Technologies makes every effort to provide its best services, but there are aspects that we can not guarantee. To the fullest extent permitted by law, 4 MB Technologies makes no warranties, either express or implied about the services. The services are provided “as is”. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
4. Age requirement
In case a user is a natural person, the services of 4 MB Technologies are in principle intended for adult user of legal age. If a user is under the age required to obtain 4 MB Technologies’s services, the user must have its parent or legal guardian’s permission to do so, to the extent permitted by law, and the parent to legal guardian must have read this T&S.
5. Remuneration
5.1 All prices are inclusive of the respectively applicable statutory value added tax (“VAT”), unless VAT is stated separately.
5.2 Unless the corresponding services of 4 MB Technologies is free of charge, compensation and fees to be paid by the user and valid at the time of the conclusion of the Agreement are presented with in the respective service section including all related price components respectively calculation basis, payment processes and payment terms. The corresponding invoice will be made available by 4 MB Technologies to the user in his STT dashboard setting section. From there the user can download the required invoice.
5.3 Fees are due immediately upon conclusion of the agreement. If the due date of payment is determined by the calendar, the user is already in default by missing the deadline. In this case, the user shall pay 4 MB Technologies default interest for the year at a rate of 5% above the prime rate. The user’s obligation to pay interest om arrears does not preclude 4 MB Technologies from asserting further damages caused by default.
5.4 If the user fails to comply with the respective contractual payment obligations. 4 MB Technologies may set an appropriate period of grace with a threat of termination after the expiry of which 4 MB Technologies may extraordinarily terminate the contract with the user and delete any data without implying a separate contractual obligation to delete data immediately. The termination provisions in section 10 of this T&S remain unaffected.
5.5 4 MB Technologies is not obliged to provide or unlock contractual services before receipt of payment, where payment is due.
5.6 If user does not make use of contractual services, this does not release the user form payment obligations.
5.7 Objections to the billing of the services provided by the 4 MB Technologies must be raised in writing at 4 MB Technologies’ s office named on the respective invoice by the user.
5.8 Off setting against counterclaims of the user or withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established or result from the same order which the relevant delivery was made.
6. Rights and obligation of the user
The users use the services provided by 4 MB Technologies in compliance with the applicable statutory and legal provisions. This means in particular, but not exhaustive.
- The user does not use any illegal content or link to such content that violates laws, official regulations or the rights and freedom of third parties when using 4 MB Technologies’s services, especially does not place such content or link on 4 MB Technologies’s services provides, such as storage space. In the event of such violations, illegal contents or suspected misuse, 4 MB Technologies may delete, block or restrict the contractual services, corresponding contents, links or codes without prior notice.
- The user prevents unauthorised access of third parties to the account by taking appropriate precautions according to the current state of the art.
- The user neither transfers contractual services or rights to third parties nor provides to third parties for use.
- The user checks data and information for viruses or other harmful components before entering them into 4 MB Technologiesstorage space.
- The information stored by the user on the storage space provided by 4 MB Technologies may be protected by copy rights and data protection law. The user hereby grants 4 MB Technologies the rights to make the content stored, to reproduce, to transfer them for the user’s purposes and to reproduce the content for the purpose of data backup in accordance with the uploaded content licence.
- The user refrain from any actions that may affect the functionality of services provided or arranged by 4 MB Technologies. This contains the use of viruses, malicious software or software that automatically generates user requests via the internet or in another way to the disadvantage of 4 MB Technologies. The user will also not change, manipulate, overwrite, copy or distribute website areas or the web site areas of the other users provided by the 4 MB Technologies to their service providers.
- The user is responsible for technical devices, means of communication, hardware and software that the users use in connection with 4 MB Technologies’s services. This also applies to their appropriateness and security.
The user is obliged to ensure and check this continuously and properly with its own responsibility.
7. Involvement of third party content
4 MB Technologies may provide information, references or links to the third party (software) service providers upon 4 MB Technologies’s technical infrastructure, or completely independent of 4 MB Technologies. This might even include provision of a software as a service distribution platform – commonly referred to as an app store – to extend 4 MB Technologies’ range of products and services. 4 MB Technologies’s website may contain links to external websites of third parties, where 4 MB Technologies has no influence on the content of such websites. 4 MB Technologies provides no guarantee for these external contents. The respective provider or operator is solely responsible for the contents of the linked websites. If 4 MB Technologies becomes aware of any possible infringements, 4 MB Technologies will check such links.
8. License to 4 MB Technologies
9. Revocation / withdrawal
- If you are a consumer (i.e. private, non-commercial), you have a right of revocation in accordance with the statutory provisions. The customer will be informed about this right separately, where applicable.
- 4 MB Technologies grants the user, regardless of the right of revocation, a voluntary right to withdraw from the agreement. The user is entitled to this right of withdrawal for 14 days after conclusion of the agreement and requires a justified notification to 4 MB Technologies (at least in text form).
10. Liability
10.1 4 MB Technologies is liable without limitation in case of intent or gross negligence, for injury to life, body or health, according to the regulations of German product liability law and to the extent of a guarantee assumed by 4 MB Technologies.
10.2 In the event of a slightly negligence breach of an obligation which is essential for the achievement of the purpose of the contract, the liability of 4 MB Technologies shall be limited to the amount of the damage which is foreseeable and typical according to the nature of respective contractual partnership.
10.3 Any further liability for 4 MB Technologies is excluded.
10.4 The above limitations of liability shall also apply to the personal liability of 4 MB Technologies employees, representatives and organ.
11. Indemnity
The user agrees to indemnify and hold harmless 4 MB Technologies, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors from any claim or demand, including reasonable attorneys fee, made by any third party against any of the aforementioned legal or natural persons due to or arising from a culpable breach of this T&S, of the upload content license, privacy policy or acceptable use policy, by the user.
12. Confidentiality
12.1 “Confidential information” shall mean all information and documents of the respective other party which are marked as confidential or which are to be regarded as confidential from the circumstances, in particular information on operational process, business relations and know-how.
12.2 The parties agree to maintain secrecy about confidential information.
12.3 Such confidential information is excluded from this obligation
I Which are demonstrably already known to the recipient at the time of conclusion of the agreement or subsequently becomes known to the recipient by a third party without this infringement a confidentiality agreement, statutory provisions or official orders.
II Which are publicly known at the time of conclusion of the agreement or become publicly known thereafter, unless this is due to breach of the agreement.
III Which must be disclosed due to legal obligations or by order of a court or an authority. To the extent permitted and possible, the recipient under a duty of disclosure shall inform the other party in advance and give it the opportunity to take actions against the disclosure.
12.4 The parties shall grant access to confidential information only to those persons who are bound by professional secrecy or who have previously been subject to obligations of confidentiality equivalent to those of this agreement.
13. Data protection
The user as well as 4 MB Technologies process personal data pursuant to those provisions of European data protection laws. A detailed description of processing of personal data by 4 MB Technologies in out lined in 4 MB Technologies privacy policy.
14. Intellectual property
4 MB Technologies ensures that the contractual use of the services by the user does not conflict with any rights of third parties. In the case of defects of title, 4 MB Technologies provides the user with a legally unobjectionable opportunity to use the services or equivalent at its discretion. If there are indications of possible infringements of the rights of third parties, 4 MB Technologies will check these indications for plausibility and, if there is a justified suspicion of an infringement, will take reasonable steps.
Except as expressly provided in the agreement, neither 4 MB Technologies nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the agreement, or that the operation or any products or services will be secure, uninterrupted or error free. The user agrees that it is not relying on delivery of future functionality, public comments or advertising of 4 MB Technologies or product road maps in obtaining subscriptions for any services.
15. Duration / Termination
16. Mandatory arbitration (applies only to US-citizens)
16.1 All disputes arising out of in connection with this agreement shall be finally settled under the rules of arbitration of the international court of Arbitration.
16.2 The court of arbitration shall consist of a single arbitrator. The chairman must be a lawyer admitted to the bar of Germany having command on the language of the arbitration.
16.3 Place of arbitration shall be in the United States county where the user lives or works or any other location the agrees to.
16.4 Language of arbitration in English
16.5 The court of arbitration shall apply German law as provided in sec 6 of this agreement. Regarding the procedure, especially with respect to taking evidence, the court if arbitration shall apply German civil procedure law.
16.6 A dissenting opinion shall not be permissible.
16.7 The user may only resolve disputes with 4 MB Technologies on an individual basis and may not claim as a plaintiff or a class member in a class, consolidative of representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed. If this specific paragraph is held enforceable, then the entirely of this “Mandatory Arbitration Previsions” section will be deemed void.
17. Final Provisions
17.1 Should individually provisions of this T&S be invalid, this shall not affect the validity of the remaining provisions. The parties to the agreement shall do their best to find a valid provision in place of the invalid provision which comes as close as possible to the economic means of invalid provision.
17.2 4 MB Technologies mission is to enforce a provision does not constitute a waiver of its right to do so later.
17.3 The user may only transfer claims against 4 MB Technologies to third parties with the written consent of 4 MB Technologies.
17.4 The T&S apply exclusively. Deviating, conflicting or supplementary general terms and conditions of users who are a “natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in exercise of its commercial or independent professional activity” pursuant to Sec. 14 of the German Civil Code (“BGB”) shall only become part of the agreement if and insofar as 4 MB Technologies expressively agrees to their validity. This requirement of consent applies in any case, for example even if 4 MB Technologies carries out the provision of the services to the user is knowledge of the user’s general terms and conditions.
17.5 The user’s T&S if any do not apply.
17.6 Exclusive place of jurisdiction for disputes arising from this agreement is 4 MB Technologies’s registered office, if each party to this agreement is a merchant or legal entity under public law or has no general place of jurisdiction in Germany.
17.7 This agreement shall be governed by German law to the exclusion of the United Nations Convention on contracts for the international sale of good of 11.4.1980 (Sale convention)
17.8 In the event of any inconsistency between the English version of the T&S and any version in another language, the English version will prevail.
Acceptable use policy
We at the 4 MB Technologies consider QR Codes one of the most important technological enablers at the interface of physical world to the digital world. We feel responsible for ensuring the technology is used in positive and constructive ways, benefitting people and our society as a whole.
Therefore, we set some general guidelines for the way our solutions and services are NOT meant to be used, which you agree to when you use our services. This includes others to act in such ways.
These guidelines include, but are not limited to:
- Scanning or testing the vulnerability of our systems and / or network in any way.
- Breaching any authentication or security measures.
- Accessing, modifying, or unlawfully using shared areas of services that requires an authorization or non-public areas of the service.
- Impeding or distributing the network, host, or user of the service (by overloading, spamming any part of the services, or any other similar activities) or disobeying any requirements, procedures, policies, or regulations of networks connected to 4 MB Technologies websites.
- Misusing or creating accounts for any means other than the intended use of our publicly supported interfaces, creating accounts in bulk, for examples.
- Disrupting users of the service by sending unsolicited communication, advertisements, or spam.
- Sending promotions or advertisements without appropriate authorization for products or services other than your own.
- Manipulating identifiers be falsifying STT or 4 MB Technologies mail headers and / or sending deceptive or altered information with the purpose of disguising the origin of any user content transmitted through our websites, including “phishing” or “spoofing”.
- Impersonating any person or entity or otherwise misrepresenting or falsely stating your connection with a person or entity.
- Collecting or storing any data or personal information of other users of the service.
- Exploiting 4 MB Technologies’s features for goodwill such as “unlimited” scans, “unlimited” dynamic QR codes for web URL, phone number, calendar, Email, WIFI, text, SMS and my QR Code, “Unlimited” static Qr Code for web URL, phone number, calendar, Email, WIFI, text, SMS and my QR Code, “unlimited” chatting users and any other new feature not mentioned here, far beyond “normal” behaviour.
- Publishing, sharing, or downloading any files posted by another user that are unlawful and should not be legally distributed in such a manner (for example, files that infringe upon intellectual property rights of any party, contain virus, are ethically or otherwise objectionable, or that contain extreme acts of violence or terrorist activity, including terror propaganda).
- Harassing, threatening, defaming, abusing or violating the legal rights of 4 MB Technologies personals or representatives as well as users of the services.
- Promoting hatred or bigotry against any person or group of people based on their race, ethnicity, religion, sex, gender identity, sexual orientation, disability, or impairment.
- Uploading and sharing any violent, sexual and abusive content in any form.
- Violating any applicable local, state, nationals or international laws, and the privacy or rights of others.
Upload content license
1.License
The content provided by you remains yours. You therefore retain any intellectual property rights that you have in your content, such as intellectual property right in the creative content you make by writing reviews or the right to share someone else’s creative content if they have permitted it. In the case that our use of your content is restricted by your intellectual property rights, we require your permission. The licence provides 4 MB Technologies with that permission.
The license is non-exclusive, royalty-free and takes effect worldwide. This means that it is effective anywhere in the world, there are no restrictions regarding the licensing of your content to others and there are no fees for this license.
The license covers your content, provides that it is protected by intellectual property rights. It only concerns your intellectual property rights: your data protections rights are not affected. The following types of content are not covered by this license.
- Factual information provided by you, that is publicly available, e.g. corrections to the address of a local business. This kind of information is considered common knowledge and can be used freely by anyone and consequently does not require a license.
- Your feedback (e.g. suggestions to improve our services).
2. Purpose
The purpose of this license is limited to the operation of services, thus allowing the services to create new features and functionalities and work as the design of then intended. This includes the usage of automated systems and algorithms to analyse your content. The analysis takes places as the content is sent, uploaded, received and when it is stored and is being used:
- To scan for illegal content, spam or malware
- To recognise data patterns which are used in functionalities such as storage optimisation
- To customise our service for your, in order to provide you with services such as usage recommendations or personal designs, content and ads in case of the free generator.
3. Rights
Within the scope of the limited purpose mention above, the following rights are being grated to 4 MB Technologies through this license:
- Utilise your content exclusively for technical purposes, such as the storage of your content on our systems, in order to make it accessible for your from anywhere or to ensure the compatibility of your content with our services by reformatting your content,
- ensuring the public availability of your content, provided that you have made it visible to others.
- Sublicense these rights to:
- other users in order to ensure that the services work ad designed, such as facilitating you to share pictures with other people.
- our contractors under agreement that are consistent with these terms, with in the scope of the limited purpose described in the purpose section above.
4. Duration
This licence is valid for the duration of time your content is protected be intellectual property rights. This does not include the case, in which you removed your content earlier from our services.
The removal of any of your content from our services, that is covered by this license, will result in our systems to stop making this content publicly available in a reasonable amount of time.
The exceptions are applicable
- You have shared your content with others by a static QR Code linking to another web presence which is not included by 4 MB Technologies prior to remove it.
- You make your content available through the services of other companies, then it is possible that e.g. search engines or so called web archives, will continue to find and display your content as part of their search results.
Cancellation policy
Rights of withdrawal
Consequences of the revocation
If you revoke this contract with in the 14 days, we shall reimburse you all payments we have received from you, without undue delay and no later than within fourteen days from the on which we received the notification of your revocation of this contract. For this re-payment. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you: in no case will you be charged for this repayment.
