Terms of Service
As of: April 2026
§ 1 Scope
- These Terms of Service (hereinafter “Terms”) apply to the use of the SaaS platform QRcodly operated by Florian Breuer, FB-Development, 33378 Rheda-Wiedenbrück, Germany (hereinafter “Provider”) under the domain qrcodly.de (hereinafter “Platform”) and all associated services.
- These Terms apply to consumers within the meaning of § 13 BGB (German Civil Code) and to entrepreneurs within the meaning of § 14 BGB (hereinafter collectively “Users”).
- Deviating, conflicting or supplementary terms and conditions of the User shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.
§ 2 Subject Matter and Description of Services
- The Provider makes available to the User an internet-based service (Software-as-a-Service) via the Platform, which includes the following core features:
- Creation, design and management of QR codes (URL, vCard, WiFi, email, calendar, location, text, EPC)
- URL shortening and management (URL Shortener)
- Collection and analysis of scan statistics (Analytics)
- Custom domain integration (Custom Domains, in the Pro plan)
- Management of templates and tags for organization
- Export of QR codes in various formats (PNG, JPEG, SVG)
- The exact scope of services depends on the respective plan (Free or Pro) as set out in the current pricing overview on the Platform.
- The Provider reserves the right to further develop the Platform and to expand, modify or restrict its range of features, provided that the essential contractual services are not materially impaired.
§ 3 Registration and User Account
- Use of the Platform requires registration. Registration is free of charge and is carried out via the external authentication service Clerk.
- The User is obligated to provide truthful and complete information during registration and to keep such information up to date.
- Each User may only create one user account. Access credentials must be kept confidential and must not be disclosed to third parties.
- The User is liable for all activities carried out through their user account, unless the User is not responsible for the unauthorized use.
- The Provider is entitled to suspend or delete user accounts in the event of a violation of these Terms or misuse of the Platform.
§ 4 Scope of Services and Plans
- Free Plan: The Provider offers a free basic plan with limited functionality. The specifics are set out in the current plan overview.
- Pro Plan: The Pro plan offers extended features, including the use of custom domains, advanced analytics features and analytics integrations (Google Analytics, Matomo). The scope of features is set out in the current plan overview.
- The Provider reserves the right to adjust the scope of features of the individual plans. Material restrictions to existing features will be communicated to Users at least 30 days in advance by email.
§ 5 Prices and Payment Terms
- The current prices for the Pro plan are set out in the pricing overview on the Platform. All prices stated are final prices. Due to the application of the small business regulation pursuant to § 19 UStG (German VAT Act), no value-added tax is charged and therefore not shown.
- Payment processing is handled by the payment service provider Stripe. By subscribing to the Pro plan, the User accepts the terms of use of Stripe.
- Billing is carried out in advance on a monthly or annual basis, depending on the selected billing period.
- The Provider is entitled to adjust prices with a notice period of at least 30 days effective at the end of the current billing period. In such case, the User has a special right of termination effective at the time the price change takes effect.
- In the event of payment default, the Provider is entitled to suspend access to Pro features after a reasonable grace period.
§ 6 Contract Term and Termination
- Free Plan: Use of the Free plan is for an indefinite period and may be terminated at any time without notice by deleting the user account.
- Pro Plan: The subscription is concluded for the selected billing period (monthly or annually) and is automatically renewed for the respective period unless terminated before the end of the current period.
- Termination of the Pro plan may be effected at any time via the account settings on the Platform or by email to [email protected]. The termination takes effect at the end of the current billing period.
- The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the User violates material provisions of these Terms.
- Upon termination of the contractual relationship, the User's data will be deleted in accordance with the provisions of the Privacy Policy and the Data Processing Agreement, unless statutory retention obligations apply.
§ 7 Availability and Maintenance
- The Provider endeavors to ensure the highest possible uninterrupted availability of the Platform. A 100% availability cannot be technically guaranteed.
- Maintenance work will be announced in advance where possible and carried out outside of regular business hours. Necessary maintenance work causing temporary unavailability does not constitute a defect.
- The Provider shall not be liable for outages or restrictions attributable to force majeure, disruptions at third-party providers (e.g. hosting providers, payment service providers) or circumstances for which the User is responsible.
§ 8 User Obligations
- The User undertakes to use the Platform only in accordance with applicable laws and these Terms. In particular, the following is prohibited:
- Creating or using QR codes or short URLs for unlawful, fraudulent or misleading purposes
- Distributing content that violates applicable law (in particular copyright law, trademark law, personality rights)
- Using the Platform in a manner that impairs or endangers its operation (e.g. automated mass queries, denial-of-service attempts)
- Circumventing or exploiting security mechanisms of the Platform
- Sending spam or unsolicited bulk messages via QR codes or short URLs
- The User is solely responsible for all content created through their account (QR codes, short URLs, vCards, etc.) and shall indemnify the Provider against any third-party claims arising from unlawful use.
- When using the custom domain feature, the User is solely responsible for the correct DNS configuration and compliance with the domain registration terms.
- Insofar as the User stores personal data of third parties in QR codes (e.g. vCard contact data), the User is the data controller responsible for the lawfulness of such processing.
§ 9 Intellectual Property and Usage Rights
- The QRcodly platform is open-source software, published under the MIT License. The use of the source code is governed by the terms of this license.
- Content created by the User through the Platform (QR codes, short URLs, etc.) remains the property of the User. The Provider does not acquire any usage rights to such content beyond what is necessary for the provision of the service.
- The brand “QRcodly”, the logo and the design of the Platform are the property of the Provider and may not be used without prior permission.
§ 10 Limitation of Liability
- The Provider shall be liable without limitation for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or a legal representative or vicarious agent.
- The Provider shall be liable without limitation for other damages based on an intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent.
- In the event of a breach of material contractual obligations (cardinal obligations) due to slight negligence, liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on the observance of which the User may regularly rely.
- Liability for slight negligence in breach of material contractual obligations is limited in amount to the fees paid by the User to the Provider in the 12 months preceding the event giving rise to the damage, but no more than 500 €. For users of the free plan, liability for slight negligence is excluded to the extent permitted by law.
- In all other respects, the Provider's liability — regardless of the legal basis — is excluded. This applies in particular to:
- Indirect damages, consequential damages, lost profits and lost savings
- Data loss caused by a failure of the User to back up data
- Damages caused by content that the User has created or distributed via the Platform
- Outages or disruptions of third-party services (Clerk, Stripe, Cloudflare, etc.)
- Damages arising from the use of third-party content linked via QR codes or short URLs
- Damages caused by unauthorized access to the user account, unless the Provider is responsible for the unauthorized use
- The Platform is provided under the free plan “as is” without any express or implied warranty of fitness for a particular purpose or availability.
- Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 11 Data Protection
- The Provider processes the User's personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the Privacy Policy .
- Insofar as the User uses the Platform to process personal data of third parties (e.g. vCard contact data in QR codes, scan data of end users), the Provider acts as a data processor within the meaning of Art. 28 GDPR. The details of data processing are set out in the Data Processing Agreement (DPA) .
§ 12 Amendments to the Terms
- The Provider is entitled to amend these Terms with effect for the future, provided that the amendment is reasonable for the User taking into account the interests of the Provider.
- The Provider will inform the User of amendments at least 30 days before the planned effective date by email. If the User does not object to the amendment within 30 days of receipt of the notification of amendment, the amendment shall be deemed approved. The Provider will inform the User in the notification of amendment of the right to object and the consequences of failing to object.
- In the event of an objection, the previous Terms shall continue to apply. In such case, the Provider has a special right of termination with a notice period of 30 days effective at the end of the month.
§ 13 Final Provisions
- The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the consumer's habitual place of residence.
- If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the Provider.
- Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.
- The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Provider is not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Contact
Florian BreuerFB-Development
33378 Rheda-Wiedenbrück
Deutschland
E-Mail: [email protected]