QRspin Terms of Service

1. Service Description

QRspin is a cloud-based customer engagement platform that enables businesses to create and deploy interactive promotional campaigns, including spin wheels, scratch cards, and prize draws. Our Service helps you engage customers, build contact databases, and drive specific business actions such as reviews, repeat visits, and social media engagement.

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice, though we will make reasonable efforts to notify you of material changes that affect your use of the Platform.

2. Account Registration and Eligibility

To use QRspin, you must:

• Be at least 18 years old and legally capable of entering into binding contracts
• Operate a legitimate business or represent an organization with authority to bind it to these Terms
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Comply with all applicable laws and regulations in your jurisdiction

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breaches.

2a. No Purchase Necessary

No purchase is necessary to participate in any games, prize draws, or promotional campaigns offered through the QRspin platform. Making a purchase will not increase your chances of winning. Participation is open to eligible users as described in these Terms, and all promotions are void where prohibited by law.

3. Subscription and Billing

QRspin operates on a subscription basis. By subscribing, you agree to pay all applicable fees as described in your chosen plan. Subscription fees are billed in advance and are non-refundable except as expressly stated in these Terms or required by law.

We reserve the right to change our pricing with 30 days' advance notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

4. Acceptable Use Policy

You agree to use QRspin only for lawful business purposes and in compliance with these Terms. You must not:

• Use the Service for any illegal, fraudulent, or unauthorized purposes
• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code from our Service
• Use automated tools to access the Service without written permission
• Upload or distribute malicious software, spam, or inappropriate content
• Engage in activities that could harm or disrupt the Service or other users

Violation of this policy may result in immediate suspension or termination of your account without notice or refund.

5. Customer Responsibilities and Prize Management

You are solely responsible for all prizes, promotions, and campaigns you create using our Platform. This includes:

• Ensuring all prizes are accurately described and legally compliant
• Honoring all prizes and promotional offers made through the Platform
• Setting appropriate terms, conditions, and expiration dates for your campaigns
• Complying with all applicable advertising standards, consumer protection laws, and promotional regulations
• Obtaining necessary permits or licenses for promotional activities in your jurisdiction

QRspin is not responsible for any disputes, claims, or legal issues arising from your promotional campaigns or failure to honor prizes.

6. QRspin-Managed Promotions

We may occasionally offer platform-wide promotions or grand prizes funded and managed directly by QRspin. These special promotions are entirely separate from your individual business campaigns and are subject to our discretion and separate terms and conditions.

We reserve the right to modify, suspend, or cancel any QRspin-managed promotion at any time without prior notice. Participation in such promotions is voluntary and subject to eligibility requirements we may establish.

7. Customer Reviews and Third-Party Integrations

QRspin provides tools to encourage customer reviews and feedback, including integration with platforms like Google Reviews. Important clarifications:

• We do not require customers to leave reviews in exchange for prizes or participation
• We cannot guarantee that customers will leave reviews or that reviews will be positive
• We do not control, moderate, or influence review content on third-party platforms
• You are solely responsible for your online reputation and customer relationships

Any attempt to manipulate reviews, violate platform policies, or engage in deceptive practices is strictly prohibited and may result in account termination.

8. Communications and Privacy

Our Service includes communication features for customer engagement via SMS and email. All communications must comply with applicable laws, including Canada's Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, and similar regulations.

Key requirements:

• Customers must explicitly consent to receive communications
• All messages must include clear identification and opt-out mechanisms
• We limit automated review reminders to one per customer within reasonable timeframes
• You must not use our Service to send unsolicited, harassing, or inappropriate messages

9. Data Protection and Security

We take data security seriously and implement industry-standard measures to protect your information and your customers' data. However, you acknowledge that no system is completely secure, and you use the Service at your own risk.

You are responsible for ensuring your use of customer data complies with all applicable privacy laws. Our Privacy Policy, incorporated by reference, details how we collect, use, and protect data.

10. Service Performance and Availability

While we strive to provide reliable service, QRspin does not guarantee:

• Uninterrupted or error-free service operation
• Specific business results, increased sales, or customer engagement outcomes
• Compatibility with all devices, browsers, or third-party services
• That the Service will meet your specific requirements or expectations

We may perform scheduled maintenance that temporarily affects service availability. We will provide reasonable advance notice of planned maintenance when possible.

11. Intellectual Property Rights

QRspin and its licensors retain all rights, title, and interest in the Service, including all software, technology, content, trademarks, and other intellectual property. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your business purposes in accordance with these Terms.

You retain ownership of your business content, customer data, and materials uploaded to the Platform. By using our Service, you grant us a limited license to use such content solely to provide the Service to you.

Business Branding and Content Ownership: All branding, company names, logos, and photos uploaded or used by your business on the QRspin platform remain the exclusive property of your business or their respective owners. By uploading such materials, you represent and warrant that you have all necessary rights and permissions to use them.

Copyright and Removal Policy: QRspin reserves the right, at its sole discretion, to remove any content that is alleged to infringe the intellectual property rights of others or that violates applicable copyright laws, without prior notice.

12. Digital Millennium Copyright Act (DMCA) Notice

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Service;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

The above information must be submitted to our DMCA Agent at:
Email: legal@qrspin.io

13. Limitation of Liability

To the maximum extent permitted by applicable law:

• QRspin shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees you paid to QRspin in the three (3) months preceding the claim
• We disclaim liability for any business losses, lost profits, lost data, or commercial damages
• These limitations apply regardless of the legal theory upon which the claim is based

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you to the extent prohibited by law.

14. Disclaimers and Warranties

QRspin is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, secure, or error-free
• That any defects will be corrected or that the Service will meet your requirements
• The accuracy, reliability, or completeness of any information obtained through the Service

15. Indemnification

You agree to indemnify, defend, and hold harmless QRspin, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your use of the Service or violation of these Terms
• Your promotional campaigns, prizes, or customer interactions
• Any content you submit or make available through the Service
• Your violation of any third-party rights or applicable laws

16. Termination

Either party may terminate this agreement at any time:

• You may cancel your subscription through your account dashboard or by contacting support
• We may suspend or terminate your account for violation of these Terms or applicable law
• We may terminate the Service entirely with reasonable advance notice

Upon termination, your right to use the Service immediately ceases. You must stop using the Platform and may request deletion of your data subject to our data retention policies and legal obligations.

17. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein for residents of Canada (excluding Quebec), and the laws of the State of Delaware, USA, for residents of the United States, without regard to conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. Before initiating formal proceedings, both parties agree to first attempt to negotiate any dispute informally for at least 30 days.

• For residents of Canada (excluding Quebec), arbitration will be conducted in Toronto, Ontario, by a single arbitrator under the rules of the ADR Institute of Canada.
• For residents of the United States, arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and you agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

18. General Provisions

Modifications: We may update these Terms periodically. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use constitutes acceptance of modified Terms.

Severability: If any provision of these Terms is found unenforceable, the remainder shall remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete agreement between you and QRspin regarding the Service.

19. Contact Information

For questions about these Terms of Service, please contact us: