Q2U Terms of Service

Effective November 30, 2023 |Archived versions

What’s covered in these terms

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use the Q2U service, and what we expect from you.

These Terms of Service reflect the way Q2U’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Q2U’s relationship with you as you interact with our service. For example, these terms include the following topic headings:

What you can expect from us, which describes how we provide and develop our services
What we expect from you, which establishes certain rules for using our services
Content in Q2U’s service, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, Q2U, or others
In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms

Understanding these terms is important because, by using our services, you’re agreeing to these terms.

Besides these terms, we also publish a Privacy Policy. Although it’s not part of these terms, we encourage you to read it to better understand how you can update, manage, export, and delete your information.

Terms

Service provider

The Q2U service id provided by, and you’re contracting with:

Peckover Enterprises Inc.

organized under the laws of the Province of Ontario, Canada, and operating under the laws of Canada

30 Kristina Court,

Ahmic Harbour, On, P0A1A0

Canada

Age requirements

The Q2U Service is not setup to accommodate minors. If you’re under the age of majority in your country, you must have your parent or legal guardian’s permission to use the Q2U Service. Please have your parent or legal guardian read these terms with you.

If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.

Your relationship with Q2U

These terms help define the relationship between you and Q2U. Broadly speaking, we give you permission to use our service if you agree to follow these terms, which reflect how Q2U’s business works and how we earn money. When we speak of “Q2U,” “we,” “us,” and “our,” we mean Peckover Enterprises Inc. operating under the trade name Q2U and its affiliates.

What you can expect from us

Our service provides a range of useful features

Our service is subject to these terms, including:

Q2U Branded QR codes
Summary messages that provide information related to the Q2U QR Codes you have scanned that day
The Q2U Cloud (web application) which allows you to view and manage a list information related to all of your previous Q2U QR Code scans
The Q2U Cloud (web application) which also allows you to create and manage Q2U QR Codes associated with your account
In message or In account advertising.

The service may also include content that you can stream or interact with.

Develop, improve, and update Q2U service

We’re constantly developing new technologies and features to improve our service. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new features or stop offering old ones. When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.

If we make material changes that negatively impact your use of our service or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your data from your Q2U Account, subject to applicable law and policies.

What we expect from you

Follow these terms and service-specific additional terms

The permission we give you to use our services continues as long as you comply with:

these terms

We also make various policies, help centers, and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy, Copyright Help Center, Safety Center, and other pages accessible from our policies site.

Although we give you permission to use our service, we retain any intellectual property rights we have in the service.

Respect others

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

comply with applicable laws, including export control, sanctions, and human trafficking laws
respect the rights of others, including privacy and intellectual property rights
don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others
don’t abuse, harm, interfere with, or disrupt the service — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

If you find that others aren’t following these rules, our service allows you to report abuse via the contact us page. If we act on a report of abuse, we also provide the process described in the Taking action in case of problems section.

Permission to use your content

Our service is designed to let you upload, submit, store, or share your content provide to be associated with a Q2U QR Code . You have no obligation to provide any content to our service and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

License

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission such as an image you include to associate with a Q2U QR Code.

We need your permission if your intellectual property rights restrict our use of your content. You provide Q2U with that permission through this license.

What’s covered

This license covers your content if that content is protected by intellectual property rights.

What’s not covered

This license doesn’t affect your privacy rights — it’s only about your intellectual property rights
This license doesn’t cover these types of content:
- publicly-available factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
- feedback that you offer, such as suggestions to improve our service. Feedback is covered in the Service-related communications section below.

Scope

This license is:

worldwide, which means it’s valid anywhere in the world
non-exclusive, which means you can license your content to others
royalty-free, which means there are no monetary fees for this license

Rights

This license allows Q2U to:

host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and include it in summary messages and scan lists.
publish, publicly perform, or publicly display your content, if you’ve activated the Q2U QR Code it is associated with.
modify and create derivative works based on your content, such as reformatting or translating it
sublicense these rights to:
- other users to allow the service to work as designed, such as sharing the information you have provided for a Q2U QR Code they have scanned with others
- our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below

Purpose

This license is for the limited purpose of:

operating and improving the service, which means allowing the service to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
- for spam, malware, and illegal content
- to recognize patterns in data, such as categorizing summaries based on words in the description
- to customize our services for you, such as providing recommendations
  This analysis occurs as the content is sent, received, and when it is stored.
using content you’ve shared publicly to promote the service. For example, to promote the Q2U Service, we might quote a review you wrote.
developing new technologies and services for Q2U consistent with these terms

Duration

This license lasts for as long as your content is protected by intellectual property rights.

If you remove from our service any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time.

Using the Q2U service

Your Q2U Account

If you meet these age requirements you can create a Q2U Account for your convenience. You’re responsible for what you do with your Q2U Account, including taking reasonable steps to keep your Q2U Account secure, and we encourage you to regularly change your password and enable dual factor authentication if a payment method has been linked to your account.

Using Q2U services on behalf of an organization or business

Many organizations, such as businesses, non-profits, and schools, take advantage of our service. To use our service on behalf of an organization:

an authorized representative of that organization must agree to these terms

Service-related communications

To provide you with our service, we sometimes send you service announcements and other information. To learn more about how we communicate with you, see our Privacy Policy.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

Content in Q2U services

Your content

Some of our service give you the opportunity to make your content publicly available — for example, create, activate, and share a Q2U QR Code which will allow others to scan it and see the text and multi-media content you have associated with it.

See the Permission to use your content section for more about your rights in your content, and how your content is used in our service
See the Removing your content section to learn why and how we might remove user-generated content from our service

If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Q2U Accounts of repeat copyright infringers as described in our Copyright Help Center.

Q2U content

Some of our service include content that belongs to Q2U — for example, many of the visual illustrations. You may use Q2U’s content as allowed by these terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices. If you want to use our branding or logos, please see the Q2U Brand Permissions page.

Q2U Brand License Grant

Q2U grants you a revocable non-exclusive license to use the Q2U brand adjacent to a Q2U QR Code you downloaded from the Q2U website as long as the use of the logo complies with the Q2U Brand Guide, the Q2U QR Code is linked to “My Q2U QR Codes” within your Q2U Account, and the Q2U QR Code is and remains active. Q2U reserves the right to revoke this license at any time without prior notice. By using the Q2U service you are agreeing to this condition and agree to the fullest extent permitted by applicable law, to waive your rights to any consequential, incidental, special, exemplary, or punitive damages, whether or not you have advised Q2U that such damage may occur. For additional clarity, to the extent allowed by applicable law, you agree to hold harmless Q2U and its directors, officers, employees, and contractors for any consequential, incidental, special, exemplary, or punitive damages, whether or not you have advised them that such damage may occur.

Pricing and Payments

Q2U offers content providers a variety of pricing plans with different features. Each active Q2U QR Code requires its own plan. All plans are provided on a month to month basis and can be cancelled at any time. Plan recurring monthly rates are charged at the beginning of the month and are non-refundable. For example, if you activate a QR code on July 1st, your credit card will be charged the monthly active rate on July 1st which will cover the period from July 1st to July 31st (1 month). On the last day of the month you will be charged for the following month. In the earlier example, on July 30th you would be charged for the Aug 1 – Aug 31st period. This way if the charge fails you have a brief period of time to correct the issue.

Declined charges

If your payment method declines the charge, we will send you an email to let you know. If your account is in arrears, we may suspend all related services until the account is brought current. This includes, but is not limited to, suspending all functionality associated with any related Q2U QR Codes. Q2U QR Codes renewing without a functioning payment method may be moved to an expired state.

Q2U QR Code Stage Changes

Q2U QR codes progress through 4 stages: (1) Development & Test – allowing users to create and test the Q2U QR code using their email address and email addresses that match the linked website; (2) Active – for general / public use; (3) Retired – where the Q2U QR code is no longer being used and thus isn’t needed to function, However, individuals who previously scanned the Q2U QR code and provided their email address may still find links to the content in their Q2U Account and use the links included in summary emails; and (4) Expired – where the Q2U QR Code no longer functions. Users will be presented with a message indicating the QR Code and related links are no longer enabled and the links to the content will no longer show in individual Q2U Accounts for users who previously scanned the Q2U QR Code.

Q2U QR Codes can only progress forward through the stages and cannot be reset. There are different costs associated with each stage that align with the value they generate. As Q2U QR Code plans are front loaded for the month, any changes to the stage of a Q2U QR code will take effect at the end of the billing cycle. For example, If you activate a Q2U QR code on July 1st for a trade show that runs July 7-14th and then move the Q2U QR code to a Retired stage on July 15th, the Q2U QR code will continue in the active stage until July 31st and will then transition to a retired stage where the monthly fee associated with the retired stage will be charged on July 30th for the period Aug 1 – 31st.

Scan Top-ups

Q2U QR code plans include a predefined unique number of daily scans per month. For example, Joe and Fred each scans the Q2U QR code 5 times on Tuesday, 3 times on Wednesday, and once of Friday. The total number of scans for this Q2U QR code would be 18 (5+3+1 for each of Joe and Fred) the number of unique daily scans would be 6 (3 for Joe and 3 for Fred).

What happens when all the unique daily scans included in my plan are consumed before the end of the month?

When the system detects all the unique daily scans for a given Q2U QR code have been consumed, the system will top-up your account buy triggering the purchase of the top-up package associated with the plan linked to the Q2U QR code. For example, if the monthly plan includes 5,000 unique daily scans for the month and 20 days into the month the 5,001 scan occurs, the top-up package associated with the monthly plan will be automatically purchased and charged to your account. In this example, imagine the top-up package includes 2,500 additional scans for $14.99. One top-up package is purchased. If by day 26 the 7,501 scan occurs, a 2nd top-up package is automatically purchased.

Top-up scans do not roll over into the following month. Continuing the above example, at the start of the first day of the following month the Q2U QR Code would be reset to start with 5,000 unique daily scans for the month.

Credit Card Billing Timing

Your credit card will be charged immediately for the monthly plan fee associated with the first month when you active a Q2U QR Code. Subsequent charges for a given plan are accrued in your account as metered charges in cents. For each cent accrued to your account you will be billed 1 cent USD. Accrued charges are billed to your credit card once per month. With the exception that each time the outstanding accrued charges exceed $250 at any point during the month, your credit card will be billed immediately for the full outstanding balance. Any further incurred charges occurring prior to the end of the month will continue to be billed at the end of the month as long as the $250 threshold is not reached again.

Discounts

Generally discounts cannot be combined and as such only a single discount can be applied to any given transaction. However, if an instance should arise where multiple discounts can be applied to a transaction, any fixed price discounts i.e. $10 will be applied before any percentage based discounts i.e. 10%. Percentage based discounts will be applied to the discounted price arising after the fixed discounts have been applied.

For Example: If the above two discounts were allowed to be combined on a product initially priced at $29, the amount due would be calculated as follows:

Apply all fixed discounts: ($29-$10) = $19
Apply all percentage based discounts: 10% discount ($19 * 10%) = $1.9
Discounted price: ($19 – $1.9) = $17.10

The maximum allowable combined discount shall not exceed the price the discount is being applied to. For example, if the initial price is $4.99 and a $10 discount is applied, the amount due is $0. Excess discount cannot be applied to other charges in the transaction, retained on account for future use, or result in any funds being due to you.

Individual discounts may be subject to additional terms and conditions beyond those included here.

In case of problems or disagreements

Both the law and these terms give you the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong.

Warranty

We provide our service using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

The only commitments we make about our service (including the content in the service, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are provided in (1) the Warranty section; and (3) laws that can’t be limited by these terms.

Liabilities

For all users

Both the law and these terms try to strike a balance as to what you or Q2U can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.

Other than the liabilities described above, Q2U is liable only for its breaches of these terms subject to applicable law.

For business users and organizations only

If you’re a business user or organization:

To the extent allowed by applicable law, you’ll indemnify Q2U and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Q2U won’t be responsible for the following liabilities:
- loss of profits, revenues, business opportunities, goodwill, or anticipated savings
- indirect or consequential loss
- punitive damages
Q2U’s total liability arising out of or relating to these terms is limited to the greater of (1) US$500 or (2) 125% of the fees that you paid to use the relevant service in the 12 months before the breach

Taking action in case of problems

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:

cause harm or liability to a user, third party, or Q2U
violate the law or a legal enforcement authority’s order
compromise an investigation
compromise the operation, integrity, or security of our service

Removing your content

If we reasonably believe that any of your content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties, or Q2U, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to Q2U services

Q2U reserves the right to suspend or terminate your access to the services or delete your Q2U Account if any of these things happen:

you materially or repeatedly breach these terms
we’re required to do so to comply with a legal requirement or a court order
we reasonably believe that your conduct causes harm or liability to a user, third party, or Q2U — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you

For more information about why we disable accounts and what happens when we do, see this Help Center page. If you believe your Q2U Account has been suspended or terminated in error, you can appeal.

Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.

Settling disputes, governing law, and courts

For information about how to contact Q2U, please visit our contact page.

Ontario law will govern all disputes arising out of or relating to these terms, or any related service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or provincial courts of Toronto, Ontario, Canada, and you and Q2U consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in a Ontario court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Ontario law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Q2U. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand, so we’ve used examples from our service. But the service or all features of the service mentioned may be available in your country or all countires.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms (1) to reflect changes in our service or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the service. You can also end your relationship with us at any time by closing your Q2U Account. However, should you scan a Q2U QR Code and provide us with your email address, you will once again be bound by these terms.

Q2U Terms of Service

Pricing and Payments

Our Commitment to you

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