Last updated: May 27, 2024
These Terms of Use ("TOU") constitute a legal agreement between you and QRfun ("we, our, us") and govern your use of QRfun ("the "App"). Please read these TOU carefully before completing the installation process and using the App. Services provided in connection with the App or therewith shall be referred to as the "Services".
By clicking "accept", downloading, accessing or using the App, or attempting to make any of the foregoing activities, you are confirming your acceptance of these TOU, and the terms of our Privacy Policy which is made as an integral part of these TOU and available at https://qr-fun.com/privacy
If you do not agree with any term provided herein you shall not make any further use of the App, and remove it from your device.
1. Entire Agreement. The Terms represent the single and entire agreement applying to the App and your use of the App and supersede any prior contracts, representations, negotiations, obligations, statements, or advertisement or information related thereto. We reserve the right to revise or amend the Terms or applicable policies at any time and in our sole discretion, without a need of giving any prior notice. We may deliver any notice required by the Terms via pop-up window, dialog box or other instrument. Any revised version of the Terms will be effective immediately upon posting of the revised version on the App, and you wave any right you may have to receive specific notice of such revisions. Your continued use of the App following the posting of the revised version constitutes your acceptance of any amended Terms as of the posting date. If you do not agree to the amended Terms, you must stop using the App and delete it from your device.
2. Modification and Termination. We reserve the right, without notice and at any time in our sole discretion, to modify or discontinue, temporarily or permanently, the App, or any features or portions thereof. We reserve the right, without notice and at any time in our sole discretion, to terminate your permission to use the App, and to block or prevent your future access to, and use of, the App, all in whole or in part. You agree that we will not be liable for any modification, suspension, discontinuance, termination, block or prevention of your access to use the App, or any part thereof. Your use of the App shall terminate immediately if you fail to comply with any term of the Terms. Upon such termination, the licenses granted by these TOU will immediately terminate and you agree to stop all access and use of the App.
3. Using This App
· The App is designated to block ads on your device,. HOWEVER WE DO NOT WARRANT THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APP WILL PROVIDE ANY LEVEL OF PROTECTION TO USER OR USER'S INTERNET DEVICE AND USER'S RELIANCE ON THE AVAILABILITY, ACCURACY OR PROTECTION OF THE APP IS MADE SOLELY AT USER'S RISK.
· WE FURTHER disclaim ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
· When installing the App, an icon may be placed on the applicable screen of your device. You can easily uninstall or delete the App from your device at any time by using our in-app delete feature, or by accessing the Settings menu on your device.
· Cancelling and refunding a paid subscription to the app services made by making an in-app purchase or purchasing the app which is processed through apple\google, can be done according to the instructions presented below:
Apple devices:
Cancel: https://support.apple.com/en-il/HT202039
Refund: https://support.apple.com/en-us/HT204084
· We may from time to time provide you with updates, modification or upgrades of the App ("Update"). Updates shall be considered to be part of the App and the Terms shall apply to any such Update. You hereby provide us with your express consent to provide you with Updates and acknowledge that such Updates may be provided automatically. It is hereby clarified that we have no obligations to make any Updates or provide any and/or all users with any and/or all Updates and any such Updates will be distributed at our own discretion. You further agree that failure to timely install Updates may cause termination of the App or may adversely affect its performance.
4. License Grant. We hereby grant you a personal, fully revocable, non-transferable, non-exclusive license to use the App on a single device you own and which is under your control in accordance with the provisions of the Terms. You are responsible for ensuring your device meets the minimum requirements of the App. Any access or use of the App, other than as specifically authorized in the Terms, without our prior written permission, is strictly prohibited and will immediately terminate your right to use the App as set forth in these TOU. Such unauthorized use may violate applicable laws including, without limitation, copyright and trademark laws, and applicable privacy and communications regulations and statutes.
5. Limitations Without limiting the foregoing, you will not, and you will not authorize, instruct, solicit or permit anyone, to do any of the following: (a) use the App other than for its intended purpose; (b) use the App in any way which breaches the Terms or any applicable local, national or international law; (c) reproduce, license, distribute, publicly perform or publicly display, lease, rent, transfer, resell or otherwise dispose of the App; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) edit, modify, remove, and/or alter any part of the App; (f) reverse engineer, disassemble, decompile or attempt to uncover the source code or any trade secrets related to the App; (g) work around or circumvent any limitations in the App; (h) use the App to create, or facilitate the creation of, any product or service that is in competition with the App; (i) violate the security or integrity of any network, computer, device or communications system, software application, or network or computing device; (j) gain unauthorized access to the accounts or passwords of other users of the App; (k) engage in any activities that may interfere with the ability of others to access or use the App; (l) violate any third party platform policies, guidelines, terms and conditions; (m) permit the whole or any part of the App to be combined with or become incorporated in any other software; (n) create any derivative works or making any derivative uses of the App; (o) use the App for any illegal, harmful or offensive purpose.
6. User Representations and Warranties. As a condition to your license to use the App, you hereby represent and warrant as follows:
· You are authorized to use the App and any product, service, content, information, files and other materials available in connection thereto;
· You assume full liability and risk in respect to your use of the App;
· You are at least 18 years of age;
· If you are downloading, accessing or using the App on behalf of any entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf and that such entity agrees to take responsibility for and indemnify us and our Related Parties for your (or anyone else acting under its user) violation of these terms;
· You will use the App in a lawful and appropriate manner, complying with all applicable laws, rules and regulations and the Terms.
· You assume all liability and risk with respect to the installation and use of the App and any of the service or content provided therewith or in connection thereto; and that he (iv) will make use of the App in a lawful manner complying with all applicable laws, rules and regulations, the Terms.
· As a condition for The App providing User with the aforementioned license User undertakes not to and not to allow any third party to: (i) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the App or any portion thereof; (ii) use the App for any purpose other than as contemplated by this Agreement; (iii) except for temporary transfer in the event of computer malfunction, install the App on a second Internet device;
(iv) transfer, pledge, rent, share or sublicense the App except for cases in which the Internet device on which the App is installed is transferred, pledged, rented, shared or sublicensed; or (v) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing the installation, use or control of the App.
7. Third Party Content, Product or Services
· The App may contain third party content or provide you links to other parties' information content, services websites, applications, services and/or products, ("External Information and Services").
· We do not control, endorse or adopt any External Information and Services, nor provide any warranty or representation of any kind with respect to the External Information and Services, including with respect to their accuracy, completeness, reliability, quality, effectiveness or fitness for a particular purpose. A link to an external site, platform, service or product or any other External Information and Services does not imply an endorsement of the views, information, services or products provided thereby.
· You further acknowledge that third parties which provide External Information and Services provide such External Information and Services under their own independent policies and/or terms and conditions, which may change from time to time. We are not responsible for such third parties' terms and conditions and policies and you are hereby advised to carefully read and understand the same before making any interaction with any of the foregoing.
· We are not responsible or liable for any loss or damage of any sort incurred as the result of any interaction with such third parties, including pertaining to their dealings or promotions or as the result of the presence of such advertisers or third party information on the App and you hereby waive any and all claims and causes of action against us in connection with any loss or damage you may suffer as a result of, or in connection with any of the foregoing. Your dealings or correspondence with, or participation in or interaction with promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party.
8. Intellectual Property and Ownership. We shall at all times retain exclusive ownership of the App and the copyright, trademark, trade secret, patent and other intellectual property rights of whatever nature in the App. We reserve the right to grant licenses to use the App to third parties. It is specifically clarified that the App may include proprietary materials which are owned by us and protected by law. Such proprietary materials may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.
9. Warranties and Liability
· THE APP AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP OR SERVICES WILL BE KEPT UP TO DATE, BE TRUE AND NOT MISLEADING, OR THAT IT WILL ALWAYS BE AVAILABLE FOR USE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF ACCURACY OR COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH ANY DESCRIPTION TITLE AND/OR NON-INFRINGEMENT, RELIABILITY, OPERABILITY, AVAILABILITY, AS TO THE APP, SERVICES OR THAT ITS USE WILL BE TIMELY, ERROR-FREE, OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. WE ADVISE YOU TO VERIFY ALL INFORMATION AND CONTENT SERVED THROUGH THE APP OR SERVICES.
· WE DO NOT WARRANT THAT THE APP WILL BE FREE OF ERROR, VIRUS OR BUG AND YOU ACCEPT THAT IT IS YOUR RESPONSIBILITY TO MAKE ADEQUATE PROVISION FOR PROTECTION AGAINST SUCH THREATS. YOU SHALL USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES OR OTHER HARMFUL COMPONENTS AND WE RECOMMEND DUE SCANNING OF ANY FILES BEFORE DOWNLOADING. YOU FURTHER AGREE THAT USE OF THE APP AND/OR SERVICES, AND YOUR RELIANCE ON ITS AVAILABILITY, ACCURACY OR PROTECTION IS MADE ENTIRELY AT YOUR OWN RISK.
· YOUR SOLE RIGHT AND REMEDY IN CONNECTION TO ANY INTERACTION WITH THE APP IS TO CEASE USE AND IMMEDIATELY UNINSTALL OF THE APP.
· IN NO EVENT SHALL WE, ANY ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH/BY US, OUR AFFILIATES, INDEPENDENT CONTRACTORS AND CONSULTANTS AND ANY OTHER RELATED PARTY, AND EACH DIRECTOR, MEMBER, EMPLOYEE, AGENT, OF ANY OF THE FOREGOING (“RELATED PARTIES”), BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APP OR ANY OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM US OR IN CONNECTION WITH THE USE OF THE APP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
· IN THE EVENT THAT, UNDER AN APPLICABLE JURISDICTION, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN ARE NOT PERMITTED, OUR, AND OUR RELATED PARTIES, MAXIMUM AGGREGATE LIABILITY UNDER THE TERMS SHALL NOT EXCEED THE LOWER OF (I) THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE APP, IF ANY, IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) THE MINIMUM LIABILITY ALLOWED UNDER APPLICABLE LAW. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. NO ACTION ARISING UNDER OR RELATING TO THE TERMS AND/OR THE APP, REGARDLESS OF ITS FORM OR NATURE, MAY BE BROUGHT AGAINST US MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS OCCURRED.
· WITHOUT DEROGATING FROM THE ABOVE, YOU AGREE TO INDEMNIFY AND HOLD US AND/OR OUR RELATED PARTIES HARMLESS FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITIES, COSTS AND/OR EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY'S FEES) ARISING FROM OR INCURRED IN CONNECTION WITH (I) YOUR USE OF THE APP; (II) ANY INFORMATION OR SUBMISSION YOU PROVIDE; (III) YOUR VIOLATION OF ANY OF THE TERMS; AND/OR (IV) YOUR CONDUCT IN CONNECTION WITH THE APP. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
10. Law and Jurisdiction. The Terms shall be interpreted and governed solely by the laws of Cyprus without regard to conflict of law principles, and the exclusive jurisdiction for any dispute will be the competent courts of israel. The UN Convention on Contracts for the International Sale of Goods shall not apply.
11. Reporting Violations. You shall report any violation of the Terms or unauthorized use of the App that you are become aware of and provide us with assistance, as required, in order to remedy the violation.
12. Notices. All notices from you to us must be submitted in English through email to the following address: contact@QR-fun.com Notices not submitted to such email address will not be answered. If translated materials are submitted, please provide a notarized authorization of the translations. We reserve the rights to demand additional information, details, technical evidence to support any notice provided, and reserve the right not to deal with any notice not supported with such additional information required.
13. Waiver and Severability. Our failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. If any part of the Terms or the application thereof is held invalid, unenforceable or illegal, in whole or in part, the remaining provisions of the Terms shall remain in full force and effect under applicable law to the fullest extent permitted by law.
14. Survival. Upon termination or expiration of the Terms your license hereunder will automatically terminate and expire and your further use of the App will be prohibited. Provisions relating to Limitation of Liability and Indemnification will survive the termination or expiration of these Terms and/or the license granted hereunder. Without derogating from the above, the provisions that by their nature continue and survive will survive any termination of these Terms.
15. Assignment. You may not assign these Terms, in whole or in part, without our prior written consent. We may assign these Terms at our sole discretion. These Terms shall inure for the benefit of and be enforceable by our parents, subsidiaries and affiliates.