These Terms of Service (“Terms”) are a binding agreement between you and FieldSpark Tech Solutions LLC, a Florida limited liability company, 1600 NW 34th Terrace, Lauderhill, FL 33311 (“qr4eva,” “we,” “us”), covering the qr4eva website and the dynamic QR codes you create at qr4eva.com (the “Service”). By creating a code, ticking the agreement box, or using the Service, you agree to these Terms. If you don’t agree, don’t use the Service.
You must be at least 18 years old (or the age of majority where you live) to buy a plan, and at least 13 to use the Service at all. If you use qr4eva for a business or other organization, you confirm you are authorized to bind it to these Terms, and “you” includes that organization. The Service is offered from the United States and is intended for use in the United States; we make no representation that it is appropriate elsewhere.
Each code encodes a short qr4eva link. When someone scans it, we redirect them to the destination you choose. You can change the destination at any time without reprinting the code. We do not host, control, review, or endorse the destination pages. qr4eva is a redirect and measurement service only.
We don’t use passwords. When you create a code, we email you a private manage link. Opening it activates your code. Anyone who has that link can manage the code, including changing its destination and cancelling or buying plans, so keep it private. You are responsible for everything done through your manage link. You can ask us to email fresh links to your address at any time; doing so invalidates the old ones. Tell us promptly at [email protected] if you believe your link has been exposed.
You consent to this automatic renewal by ticking the agreement box, whose text repeats the price, frequency and cancellation terms, before you are taken to Square’s checkout page. We keep a record of the text you agreed to, the time, and the IP address you agreed from, and we email you a confirmation of these terms when your plan starts. Your card details are stored by Square, Inc. under its own terms and privacy notice; we never see or store your full card number.
Payments are processed by Square on its secure checkout page. Prices are in U.S. dollars. You are responsible for any taxes that apply to your purchase; where we are required to collect tax we will show it before you pay.
Refund policy: all payments are final and non-refundable, including the $19 one-time payment and any monthly payment, except (a) where we charged you in error or your code did not work as described in these Terms and we cannot fix it, in which case we will refund the affected payment, or (b) where applicable law requires a refund.
If you dispute a charge with your card issuer instead of contacting us first, we may suspend the related code while the dispute is open. Contact us first and we will make it right if we got it wrong.
You may not use qr4eva, or point a code at any destination that is used, to:
We may disable any code that we reasonably believe breaks these rules, without refund, and show scanners a safety notice instead. We may also report illegal activity to the authorities. To report a code, email [email protected] with the code or the qr4eva link.
You choose the destinations your codes point to and the names you give them. You confirm that you have the right to send people there and that doing so complies with Section 7. We are an intermediary: we do not create, host, or review destination content, and we are not responsible for it. If we receive a notice that a destination infringes someone’s rights or breaks the law, we may disable the code and will tell you by email so you can respond. Notices of claimed infringement may be sent to [email protected] or to our postal address in Section 19.
You keep all rights to your content. You grant us only the limited license needed to run the Service: to store your destination and name, redirect scanners to it, and display it to you.
We count scans of your code (time, device type and similar details) so you can see how it performs. Our Privacy Policy explains exactly what is collected from you and from people who scan your codes, and how long it is kept. By using the Service you agree to that policy. You are responsible for any notice your own customers may be owed about the pages you send them to.
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, that scan counts will be exact, that any destination will be reachable, or that the Service will meet your requirements. No advice or information from us creates a warranty.
Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.
To the fullest extent permitted by law, FieldSpark Tech Solutions LLC and its owners, employees and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, goodwill or data, arising out of or relating to the Service or these Terms, however caused and under any theory of liability, even if advised of the possibility. Our total liability to you for all claims relating to the Service or these Terms is limited to the greater of (a) the amounts you paid us for the affected code in the 12 months before the claim or (b) $19.
These limits do not apply to liability that cannot be limited by law, including liability for our fraud or for death or personal injury caused by our negligence. Some states do not allow some of these limits, so some may not apply to you. The limits in Sections 10 and 11 are a basis of the bargain and reflect the low price of the Service.
You will defend, indemnify and hold harmless FieldSpark Tech Solutions LLC and its owners, employees and suppliers from any claim, loss, liability, damage, cost or expense (including reasonable attorneys’ fees) brought by a third party arising from your destinations or content, your use of the Service, or your breach of these Terms or of any law. We may take over the defense of any matter subject to indemnification, in which case you will cooperate with us.
You may stop using the Service at any time, pause or cancel a code from your manage page, or ask us to delete a code and its data. We may suspend or disable a code, or refuse service, if you breach these Terms, if required by law, or to protect the Service or the people who scan codes. If we terminate a paid code for reasons other than your breach, we will refund the unused portion of any monthly payment and, for a $19 code, the $19. On termination, Sections 6 through 12 and 15 through 18 survive.
We may improve, change or add features at any time. “Keep it forever” and “for the life of the Service” mean for as long as qr4eva operates. If we ever shut qr4eva down, we will email every owner of a paid code at least 90 days before paid codes stop redirecting, keep redirects running through that period, and let you download your destination list. We will refund the unused portion of any monthly payment made for time after the shutdown date. We may sell or transfer the Service to a successor who takes over these obligations, in which case we will tell you by email.
You agree that we may send you notices, confirmations, receipts, and information about your codes and plans by email to the address on your code, and that those electronic communications satisfy any legal requirement that a communication be in writing. These are service messages about a transaction you asked for; we do not send marketing email unless you opt in, and any marketing email will carry an unsubscribe link. You agree to keep your email address current. Your agreement to these Terms, and to the Monthly plan, is given electronically and is valid under the federal E-SIGN Act and Florida’s Uniform Electronic Transaction Act.
Talk to us first. Before starting any formal proceeding, email [email protected] with a description of the problem and what you want. We will try to resolve it within 30 days. Most problems are a refund or a fix away.
Arbitration. If we can’t resolve it, you and we agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either of us may bring an individual claim in small-claims court. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could. Arbitration will take place in Broward County, Florida, by video, or by documents only, at your choice, and we will pay all AAA filing and arbitrator fees for claims under $10,000 unless the arbitrator finds the claim frivolous.
Class-action and jury waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding, and each of us waives any right to a jury trial, to the extent permitted by law.
30-day opt-out. You may reject this arbitration agreement by emailing [email protected] with the subject “Arbitration opt-out,” your name, and the email address on your code, within 30 days after you first agree to these Terms. Opting out does not affect the rest of these Terms.
Court claims. Anything not subject to arbitration will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to their jurisdiction. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, and by applicable federal law. If the class-action waiver is found unenforceable for a particular claim, this arbitration section will not apply to that claim, which will then be heard in court.
We may update these Terms. The effective date at the top shows the latest version, and earlier versions stay available at the link beside it. If a change materially reduces your rights or affects what you have already paid for, we will email the owners of affected codes at least 30 days before it takes effect, and you may cancel before then. Continuing to use the Service after the effective date means you accept the change.
FieldSpark Tech Solutions LLC (d/b/a qr4eva)
1600 NW 34th Terrace, Lauderhill, FL 33311, USA
[email protected]