Terms of Service

By downloading, installing, or using QRDock (the "App"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Echo Persona LLC ("Company", "we", "us", or "our"). We reserve the right to update these Terms at any time. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms.

These Terms apply to all users of QRDock worldwide, regardless of your country of residence. QRDock is available for download and use in all countries and regions where the Apple App Store and Google Play Store operate. By using the App, you confirm that you are doing so in compliance with the laws of your jurisdiction. Nothing in these Terms limits or excludes any rights you may have under mandatory consumer protection laws in your jurisdiction that cannot be waived or limited by contract.

Subject to your compliance with these Terms, Echo Persona LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, sublicense, or reverse-engineer the App or any part thereof. You may not use the App to develop competing products or services. This license does not grant you any rights to our trademarks, service marks, or trade names.

Your use of the App is also subject to the terms and conditions of the platform from which you downloaded the App. If you downloaded the App from the Apple App Store, the Apple Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies in addition to these Terms. If you downloaded the App from the Google Play Store, the Google Play Terms of Service (https://play.google.com/intl/en_us/about/play-terms/) apply in addition to these Terms. In the event of a conflict between these Terms and the applicable app store terms, the app store terms shall prevail to the extent of the conflict. You acknowledge that Apple and Google are third-party beneficiaries of these Terms as applicable, and that Apple and Google will have the right to enforce these Terms against you as a third-party beneficiary thereof.

QRDock offers an optional one-time in-app purchase ("QRDock Pro") that unlocks additional features including QR code creation, unlimited scan history, and the ability to save QR code images. All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and refund policies. We do not process payments directly and do not have access to your payment information. All sales are final unless otherwise required by applicable law or the policies of the platform through which you made the purchase. Prices are subject to change, but any price change will not affect purchases already completed. Prices may vary by region based on app store pricing and applicable taxes.

If you are a consumer in the European Union or the European Economic Area, you have the right to withdraw from a digital content purchase within 14 days of the transaction without giving any reason, in accordance with Directive 2011/83/EU on consumer rights. However, by initiating the download or first use of QRDock Pro after purchase, you expressly consent to the immediate performance of the digital content contract and acknowledge that you thereby waive your 14-day right of withdrawal pursuant to Article 16(m) of the Directive, as the digital content is fully delivered upon purchase. This waiver is presented and confirmed during the purchase flow by the applicable app store (Apple or Google). If the digital content has not yet been delivered, you may exercise your right of withdrawal by contacting the respective app store through which you made the purchase. Nothing in these Terms affects your statutory rights under mandatory EU consumer protection law, including your rights under the Consumer Rights Directive, the Unfair Commercial Practices Directive, and applicable national implementations thereof.

The App and all of its contents, features, and functionality, including but not limited to the design, code, graphics, logos, icons, and user interface, are owned by Echo Persona LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the App without our prior written consent.

QR codes you create using the App and scan data generated through your use of the App are stored locally on your device. You retain full ownership of any content you create using the App. Echo Persona LLC does not claim any ownership interest in your content and has no ability to access it. You are solely responsible for the content of QR codes you create and distribute. You agree not to create QR codes that contain or link to illegal content, malware, phishing schemes, or material that infringes on the rights of third parties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE URL SAFETY CHECK FEATURE IS PROVIDED AS A CONVENIENCE AND DOES NOT GUARANTEE DETECTION OF ALL MALICIOUS URLS. YOU ACKNOWLEDGE THAT NO QR CODE SCANNING OR URL CHECKING TOOL CAN GUARANTEE COMPLETE PROTECTION, AND YOU USE THE APP AT YOUR OWN RISK. NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN THE EUROPEAN UNION, UNITED KINGDOM, AUSTRALIA, OR OTHER JURISDICTIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECHO PERSONA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN YOUR JURISDICTION.

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Echo Persona LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the App, your violation of these Terms, your creation or distribution of QR codes, or your violation of any rights of any third party. This indemnification obligation does not apply to consumers in the European Union, the European Economic Area, the United Kingdom, or other jurisdictions where consumer indemnification clauses are restricted or unenforceable by law.

Echo Persona LLC shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, earthquake, strikes, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party services including but not limited to the Apple App Store and Google Play Store. In the event of a force majeure event, the affected party's obligations shall be suspended for the duration of the event, and the time for performance shall be extended accordingly.

We want to address any disputes fairly and quickly. If you have a concern or dispute regarding these Terms or the App, please first contact us at support@qrdock.app. We will attempt to resolve the dispute informally through good faith negotiation within thirty (30) days. If the dispute is not resolved informally, you and Echo Persona LLC agree to resolve it through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in English and shall take place in the State of Delaware or, at your election, via telephone, video conference, or online proceedings. The arbitrator's decision shall be final and binding. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. EXCEPTIONS: (a) Either party may bring an individual action in small claims court if the claim qualifies. (b) If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, this arbitration clause does not apply to you. You retain the right to bring claims in the courts of your country of residence, and nothing in this section shall deprive you of the protection of the mandatory consumer protection provisions of your local law. EU consumers may also seek resolution through the European Commission's Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr/). (c) If you are a consumer in Brazil, you may bring claims before the consumer courts of your domicile in accordance with the Brazilian Consumer Defense Code. (d) If you are a consumer in Australia, nothing in this section limits your rights under the Australian Consumer Law. (e) Consumers in any jurisdiction where mandatory arbitration agreements are unenforceable by law may bring claims in their local courts.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Notwithstanding the foregoing: (a) if you are a consumer in the European Union or the European Economic Area, you shall also benefit from any mandatory provisions of the consumer protection law of your country of residence, and nothing in these Terms deprives you of the protection afforded by provisions that cannot be derogated from by agreement under the laws of your country of habitual residence; (b) if you are a consumer in the United Kingdom, the laws of England and Wales (or Scotland or Northern Ireland, if you live there) shall apply to any consumer claims, and you may bring proceedings in the courts of the part of the UK where you live; (c) if you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement; (d) if you are a consumer in Brazil, the provisions of the Brazilian Consumer Defense Code shall apply to consumer relations arising from these Terms; (e) if you are a consumer in Canada, the mandatory consumer protection laws of your province of residence shall apply. For non-consumer users and to the extent not superseded by mandatory local law, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. The unenforceability of any provision in a particular jurisdiction shall not affect its enforceability in any other jurisdiction.

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will update the effective date at the top of these Terms and, where required by applicable law, we will notify you through the App or by other appropriate means. Your continued use of the App after any changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the App. For users in the European Union, material changes to these Terms will be communicated at least 30 days before they take effect, where required by applicable law.

If you have any questions about these Terms of Service, please contact us at support@qrdock.app. Echo Persona LLC is responsible for QRDock and its operation worldwide. Mailing address available upon request by emailing support@qrdock.app.