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terms

Ebanux, Inc. Delaware, USA

Last updated: February 13, 2024

Terms of Service​

PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING THIS SOLUTION​

Welcome to QRLynk, a product provided by Ebanux Inc. ("Ebanux"). By accessing or using our QRLynk solution ("Solution"), you agree to comply with and be bound by the following Terms of Service ("Terms").

The websites located at https://app.a-qr.link/ (the “Site”) and https://web.a-qr.link/ both part of the Solution is a copyrighted work belonging to Ebanux Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

If you have any questions about these Terms, please get in touch with us at info@ebanux.com.

If you do not agree with any part of these Terms, you must not use our Solution.

Where you are not a consumer, you confirm that you have the authority to bind the business on behalf of which you are accepting these Terms. In that context, references to “you” or “your” will be to that business. Otherwise, it will refer to you, the individual entering into these Terms.

ACCOUNT CREATION AND SECURITY​

  • You must create an account to use our Solution. When you register for an account on our Solution you must ensure that all information you provide to us is accurate and kept up to date. Upon registration, we grant to you the personal, non-transferable right to use the Solution for your own internal business purposes, until terminated as set out in these Terms.
  • You must keep your account details safe. Any piece of information as part of our security procedures including your username and password must be treated as confidential. We have the right to disable any user identification code or password at any time. If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us at info@ebanux.com.
  • The required information provided when filling in the registration form available on the Solution (such as your name, email address, telephone number, your means of payment, i.e. credit card.) must be accurate, complete, and regularly updated.
  • You can change the information you have entered or terminate your User Account at any time and without condition, by going to the Solution and following the procedure provided for this purpose, and you can also notify us at info@ebanux.com.
  • These terms are binding. By using our Solution and downloading any of our Website Content you acknowledge that these terms will apply and you have the legal capacity to enter into contracts in the country you live. You also confirm that when acting on behalf of a business you have the authority to bind them to these terms. If this is not the case, you should not use our Solution.
  • Third-party subscriptions. Some features of our Solution require you to have a paid subscription with third parties. These fees are separate from any monies paid to us, and you must create these accounts subject to any third-party provider’s terms.

OUR WORKFLOW PLATFORM​

  • Performance of the Solution. During your use of the Solution, we will ensure the platform functions as described at the point you signed up. Although we use due technology to prevent malware and viruses, we do not guarantee that our Solution will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Solution.
  • What happens when the Solution stops working as described? In the event you report to us a substantial error with the Solution, we will seek to correct this within a reasonable amount of time.
  • We may suspend or withdraw our Solution. We do not guarantee that our Solution, or any of the Website Content or User Content, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Solution for business and operational reasons.

You are also responsible for ensuring that all persons who access our Solution through your internet connection are aware of and comply with these Terms.

  • What action we may take in the event of a breach? When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate including
    • immediate, temporary, or permanent withdrawal of your right to use our Solution;
    • immediate, temporary, or permanent removal of any User Content uploaded by you to our Solution;
    • legal action against you; and/or
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • You must maintain a secure internet connection. Where you lose access to the Solution and any User Content due to a disruption in your telecommunications or internet services, we will in no way be liable for any losses suffered.
  • Where our Solution contains links to other sites, User Content, and resources provided by third parties. These are provided for your information only. They should not be interpreted as approval by us of those linked websites or information you may obtain from them.

USER CONTENT​

  • User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by the Solution. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Ebanux Inc. and the Solution are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

  • License. You hereby grant (and you represent and warrant that you have the right to grant) to the Solution an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

  • Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

  • Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

CONTENT ON OUR PLATFORM​

  • Ebanux Website Content and the Solution: We are the owner or the licensee of all intellectual property rights in all of the Website Content on our Solution and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may download Website Content from our Solution for your personal use and you may draw the attention of others within your organization to Website Content posted on our Solution. You must not modify any Ebanux Website Content you download.
  • User Content you upload to our Solution must be the following: (i) accurate (where it states facts); (ii) be genuinely held (where it states opinions).
  • User Content you upload to our Solution must not be the following: (i) Defamatory of anyone or could bully, insult, intimidate, discriminate or humiliate someone; (ii) unlawful; (iii) promote sexually explicit material; (iv) promote violence; (v) infringe any copyright, database right or trade mark; (vi) like to deceive; (vii) give the impression that the Services originates from us or another person for which you do not have authority from; (viii) contain any advertising or promotion for another company and/ or site; and (ix) knowingly terms-of-service during viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
  • Do not reverse engineer any of the Solution. You will not reverse engineer or otherwise attempt to derive or obtain information about the functioning, manufacture, or operation of the Solution. Nor will you attempt to modify, translate, or create derivative works based on the Solution; or copy (save for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Solution.
  • Internal business use only. You acknowledge and agree that you can only use the Solution for internal business purposes and may not transfer, sell, distribute, lease, sublease, assign, or license to any third parties.
  • You must not attempt to gain unauthorized access. Whether this is to our Solution, the server on which our Solution is stored, or any server, computer, or database connected to our Solution. You must not attack our Solution via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Solution will cease immediately.
  • You agree to use the Solution in a fair manner, in accordance with its purpose. In this respect, you agree not to, in particular:
    • create fictitious profiles or use the User Account of others;
    • provide inaccurate information in the data collection forms of the Solution and not regularly update the information in your User Account;
    • disseminate data, information, or content on the Solution contrary to the laws and regulations in force, public order, or morality;
    • refer or create links to any content or information available on the Solution without our express, written, and prior consent;
    • use any information, content, or data on the Solution to provide a service that we deem, in our sole discretion, to be competitive with the Solution;
    • sell, trade, or monetize any information, content, or data on the Solution or Services without our express prior written consent
    • use any manual or automated software or devices, robots or other means to access, explore, retrieve, or index any page of the Solution;
    • endanger or attempt to endanger the security of our sites or applications, including attempts to monitor, scan, or test the vulnerability of any system or network or to breach security or authentication measures without express prior authorization
    • simulate the appearance or operation of our sites or applications, for example by using a mirror effect;
    • directly or indirectly disrupt or interfere with the Solution or Services, impose a disproportionately large load on the Solution’s infrastructure, or attempt to transmit or activate computer viruses through or on the Solution.

INTELLECTUAL PROPERTY​

  • Our Solution. We are the owner or the licensee of all intellectual property rights in the Solution including any modifications and improvements, whether made by us or suggested by you. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We provide you with a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable limited-term license for internal use only to use the Solution by these Terms. Such a right to use the Solution and any User Content on the Solution will expire at the point your subscription ends or when we terminate the Agreement, whichever is sooner.
  • Data you transmit through the Solution. All documents, messages, logos, images, files, and other information you transmit through our Solution, will remain yours and you shall retain all rights, titles, and interest in those. You do however provide us with a worldwide, royalty-free, non-exclusive, transferable, and sublicensable right to use your data to improve our Solution.
  • User Content. We will retain all intellectual property rights in the User Content on the Solution, save for those created by you and our other users. We grant you a non-exclusive license to make, use, and share User Content publicly with other users via the Solution. Any User Content created by you is private, and it is your choice as to whether or not you share these with the Ebanux community publically to use, share, and modify. You grant us a worldwide, royalty-free, non-exclusive, transferable, and sub-licensable right to use, modify, and distribute any User Content you choose to share on our Solution. You acknowledge that where we create User Content materially similar to or the same as any User Content you have made public on our Solution, you will have no claims against us including for infringement or misappropriation.
  • You acknowledge that the use of the Services and features of the Solution does not entitle you to claim any intellectual property rights of any kind on all or part of them, no assignment or license being granted to you beyond the right of use provided herein.
  • Our name, the term “ebanux”, the term “qrlynk”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ebanux Inc. or its affiliates or licensors. You must not use such marks without prior written permission from us. All other names, logos, product and service names, designs, and slogans found in the Solution or Services are the trademarks of their respective owners.
  • Any use of all or part of the aforementioned elements, without our express, prior, and written authorization and/or that of the Establishments, is strictly forbidden, under penalty of criminal and civil proceedings, subject to the exceptions provided for by the law and regulations in force.

TERMINATION​

  • This Agreement shall remain in effect until terminated by you or the Solution. Ebanux Inc. and the Solution may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Solution, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer. Termination of this Agreement will not limit any of Ebanux Inc.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

  • We reserve the right to restrict, suspend, modify, replace, deny access to, or delete, at our discretion and without notice, your User Account in the event of you commit a material breach of these Terms.

INDEMNITY​

  • Your indemnity to us. You agree to indemnify us, our affiliates, directors, officers, and employees against all loss, costs, damages liabilities, and expenses that arise out of your breach of these Terms and/ or use of the Solution.

LIABILITY​

  • We do not limit any losses that we are not allowed to limit: We do not exclude or limit in any way our liability to you where it would be unlawful to do so including death or personal injury caused by our negligence.
  • What we do limit: We exclude all implied conditions, warranties, representations, or other terms that may apply to our Solution or any Services on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Solution; or use of or reliance on any Services displayed on our Solution.

In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.

  • No Services guarantees. The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Ebanux Inc. and the Solution, on its behalf and behalf of its affiliates and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, concerning the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, Ebanux Inc. and the Solution provide no warranty or undertaking, and make no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the preceding, neither Ebanux Inc. and the Solution nor any Ebanux Inc. and the Solution's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Ebanux Inc. and the Solution are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

  • Severability. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Ebanux Inc. on the Solution, shall constitute the entire agreement between you and Ebanux Inc. concerning the Solution. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Solution "’s" failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Ebanux Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOLUTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  • Typographical Errors. In the event the Solution has listed a product and/or service at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

NOTICES​

  • Changes to these Terms. As our service grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live. If you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can request to delete your account by contacting us at info@ebanux.com. You acknowledge and agree that the Solution may stop (permanently or temporarily) providing any features within the Solution to you or users generally at the Solution’s sole discretion, without prior notice to you. You may stop using the Solution at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if the Solution disables access to your account, you may be prevented from accessing the features of the Solution, your account details, or any files or other materials that are contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.