Terms of Service

1. Acceptance of Terms

By accessing or using SmartyTags (“the Service”), operated by SmartyTags Inc. (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

SmartyTags provides a QR code management platform that allows users to create, manage, track, and analyze dynamic QR codes. The Service includes QR code generation, analytics tracking, smart routing, design customization, and related features as described on our website.

3. Account Registration

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Acceptable Use

You agree not to use the Service to:

• Create QR codes that link to malicious, illegal, or harmful content
• Engage in phishing, fraud, or deceptive practices
• Distribute malware, viruses, or other harmful software
• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Attempt to gain unauthorized access to the Service or its systems
• Use the Service to send unsolicited communications (spam)

5. Subscription Plans and Payment

The Service offers both free and paid subscription plans. Paid plans are billed on a monthly or annual basis as selected at the time of purchase. Prices are subject to change with 30 days' notice. Payments are non-refundable except as described in our refund policy.

6. QR Code Ownership

You retain ownership of all content you create using the Service, including the destination URLs and associated metadata. We retain ownership of the Service itself, including the short redirect URLs and platform technology. QR codes created with the Service will continue to function as long as your account remains active and in good standing.

7. Data and Analytics

When individuals scan QR codes created through the Service, we collect certain data as described in our Privacy Policy. You are responsible for ensuring that your use of scan analytics complies with applicable data protection laws, including displaying appropriate notices where required.

8. Service Availability

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted access and are not liable for any downtime or service interruptions. We may perform scheduled maintenance with advance notice when possible.

9. Limitation of Liability

To the maximum extent permitted by law, SmartyTags shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Termination

We may suspend or terminate your account if you violate these Terms. You may cancel your account at any time. Upon termination, your QR codes will cease to function and your data will be deleted in accordance with our data retention policy.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be resolved in the courts located in San Francisco, California.

13. Contact

If you have questions about these Terms, please contact us at legal@smartytags.com.