Last updated: April 24th, 2025
Welcome to QRSurge, the dynamic QR-code generation and analytics platform operated by ThinkSource Software, LLC d/b/a QRSurge (“Company,” “QRSurge,” “we,” “us,” or “our”). By (a) creating a QRSurge account, (b) paying for a subscription, or (c) scanning a QR code generated by QRSurge (collectively, the “Service”), you agree to these Terms. If you do not agree, do not use the Service. You must be at least 18 years old.
You must provide truthful information and keep credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized use.
We grant you a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms and all applicable laws. We may suspend or remove any QR code or Content—without notice—if it (i) links to malware, illegal, or infringing material, (ii) violates the rules below, or (iii) poses a security or legal risk.
Acceptable Use Policy. You agree not to use the Service—or allow others to use it—for any of the following:
QRSurge reserves the right to review, disable, or delete any QR code or short link and to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice. Reinstatement is at our sole discretion.
Our Privacy Policy explains how we handle personal information. We employ reasonable technical and organizational measures and use trusted sub-processors. We will notify you of any data breach as required by law.
The Service, its software, and QRSurge trademarks are our property and protected by U.S. and international laws. Except for the limited license in Section 4, all rights are reserved.
The Service lets Customers create QR codes and short links that point to websites, files, or other resources operated by third parties (“Third-Party Sites”). We do not control or review Third-Party Sites and are not responsible or liable for their availability, security, content, products, or services, nor for any loss or damage arising from access to them. Visiting a Third-Party Site is at your own risk and subject to that site’s terms and privacy policy. We may, but are not obligated to, disable a QR code or suspend an account if a linked Third-Party Site appears malicious, illegal, or otherwise violates our policies.
Features labeled “Beta,” “Preview,” or provided under the free tier are experimental and may be changed, throttled, or removed at any time without notice or SLA. Use them at your own risk.
Either party may terminate at any time for convenience by closing the account (effective at the end of the current billing period) or for cause if the other party materially breaches these Terms and fails to cure within 30 days. We may suspend the Service immediately for non-payment, security risk, or violations of law or policy.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” Except for any explicit SLA in Section 10, we disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that QR codes will be scan-able in every environment or that analytics will be error-free.
Our total liability arising out of or relating to the Service will not exceed the fees you paid in the 6 months preceding the event giving rise to liability. We will not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, revenue, data, or goodwill). Some jurisdictions do not allow certain limitations; where they apply, our liability is limited to the maximum extent permitted.
You will indemnify, defend, and hold harmless Company and its affiliates from any claim arising out of (a) your Content, (b) use of the Service in violation of these Terms or law, or (c) your infringement of any third-party right.
These Terms and any dispute related to the Service are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute or claim arising out of or relating to these Terms or the Service will be resolved by binding arbitration in Florida. Company will select the arbitration administrator and/or individual arbitrator in its sole discretion, provided that the selection is made from nationally recognized arbitration providers and is consistent with the U.S. Federal Arbitration Act. The arbitration will be conducted in English on an individual basis; class, collective, and representative actions are waived. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Either party may seek temporary or preliminary injunctive relief in any competent court to protect its rights in intellectual property or confidential information pending completion of arbitration.
We may update these Terms from time to time. We will post the revised version with a new “Last updated” date and, for material changes, provide notice by email or in-app message. Continued use after changes take effect constitutes acceptance.
Unless you notify us in writing to the contrary, you grant QRSurge a limited, worldwide, royalty-free license to display your company name, logo, and other trademarks on our website and in marketing materials solely to identify you as a customer of the Service. You may withdraw this permission at any time by emailing [email protected], in which case we will remove your marks within 30 days. QRSurge will not use any individual’s name, likeness, or testimonial without separate, express permission.
If you send us comments, ideas, or suggestions about the Service (“Feedback”), you grant QRSurge a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, publish, or incorporate that Feedback into our products and services without any obligation to you. Providing Feedback does not give you any proprietary interest in the Service or its intellectual property, nor does it create any expectation of compensation, attribution, or future rights. Feedback is non-confidential and may be used by us without restriction.
You are solely responsible for ensuring that your use of the Service—and any Content, data, or QR codes you create—complies with all laws, regulations, and industry standards that apply to you or to Scanners in the jurisdictions where you operate. These include, without limitation, data-protection and privacy laws, export-control restrictions, consumer-protection statutes, and marketing or spam regulations. QRSurge does not monitor your use of the Service for legal compliance and will not be liable for any failure by you to comply with applicable requirements.
If you process personal data from the European Economic Area, the United Kingdom, or Switzerland through the Services, that processing is subject to a separate Data-Processing Addendum (“DPA”) incorporating the Standard Contractual Clauses.
These Terms, together with the Privacy Policy, Fair Use Policy, Acceptable Use Policy, and any Order Form or SLA, constitute the entire agreement between you and QRSurge. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, sale, or reorganization. Neither party is liable for delay or failure to perform due to force-majeure events.
Notices are deemed received (i) when delivered by hand, (ii) three business days after mailing via certified mail (return receipt requested), or (iii) when acknowledged by the receiving server for email.
Questions? Contact us at [email protected].
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