Terms and Conditions

This is a courtesy translation. The German version is legally binding. Read the German version

§ 1 Scope and provider

These General Terms and Conditions (hereinafter "Terms", German: AGB) govern the use of the web application QR Kontor offered at https://qrkontor.de (hereinafter "Service") and all related services.

The provider is:
Thomas Rohmberger · Rohmberger Design
Waldstr. 81
04105 Leipzig
Deutschland
Email: info@qrkontor.de

The Terms apply to consumers (§ 13 BGB, the German Civil Code) and businesses (§ 14 BGB). Deviating, conflicting or supplementary terms of the user do not become part of the contract unless the provider expressly agrees to them in text form.

§ 2 Subject matter and description of services

QR Kontor is a software-as-a-service offering that lets users create, design, print and, in the case of dynamic QR codes, subsequently redirect QR codes. The provider offers the following service categories:

• Static QR codes – free of charge and without a quantity limit. The content and target of the code cannot be changed after creation.
• Dynamic QR codes (slot packs) – slots purchased as a one-time payment that can be used for the lifetime of the account without follow-up costs. The target URL can be changed later via the dashboard.
• Pro subscription – subscription billed monthly or yearly with an unlimited number of dynamic QR codes and priority support.

The specific scope of services is defined by the features and limits described at /pricing at the time of booking.

§ 3 Conclusion of contract

The presentation of the Service on qrkontor.de does not constitute a binding offer but an invitation to submit an offer.

By registering a free account, a free-of-charge usage contract for static QR codes is concluded. By booking a slot pack or a Pro subscription, the user submits a binding offer to conclude a paid contract. The contract is concluded as soon as the provider (or the payment service provider Stripe on behalf of the provider) accepts the order by providing the service or by sending a confirmation email.

Before submitting the order, the user can review and correct all entries using the usual keyboard and mouse functions. The contract text is stored by the provider; the essential order data is sent to the user by email. The contract language is German.

§ 4 Prices and payment

The prices shown at /pricing at the time of ordering apply. All prices are final prices and include statutory VAT.

Payments are processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. The terms of use and privacy notices of Stripe apply in addition. The provider does not receive complete card or bank details from Stripe.

Slot packs are due as a one-time payment upon conclusion of the contract. Pro subscriptions are billed in advance monthly or yearly; the first payment is due upon conclusion of the contract, further payments automatically at the beginning of the next billing period.

If the user defaults on payment, the provider is entitled to block paid features after a prior reminder until the outstanding amount has been settled. Further statutory rights remain unaffected.

§ 5 Contract term and termination

5.1 Slot packs (one-time payment)

By purchasing a slot pack, the user acquires the unlimited right to use the purchased slots for dynamic QR codes within their account. Termination is not required. The provider is entitled to end the lifetime promise if business operations in Leipzig are discontinued for good cause; in this case the user is informed at least three months in advance and given the opportunity to export their data.

5.1a Voluntary 30-day satisfaction guarantee for slot packs

In addition to and independently of the statutory rights of the user, the provider grants a voluntary satisfaction guarantee for slot packs: Within 30 days of the purchase date, the provider refunds the purchase price in full upon informal request by email to info@qrkontor.de. No reason is required.

The refund is made via the payment method originally used. With the refund, the purchased slots lapse; dynamic QR codes already created on these slots are deactivated and no longer redirect. The guarantee applies per user to the first purchase of a slot pack and may be refused in cases of obvious abuse (in particular repeated purchase and refund).

This guarantee does not limit the statutory warranty and withdrawal rights (Widerruf) of the user. It does not apply to the Pro subscription; there, termination at the end of the billing period under § 5.2 applies.

5.2 Pro subscription

The Pro subscription is concluded for an indefinite period and can be terminated by either party without giving reasons at the end of the current billing period (month or year). Termination can be declared at any time in the account area or by email to info@qrkontor.de and is not bound to any particular form.

The right of both parties to extraordinary termination for good cause remains unaffected. For the provider, good cause exists in particular in the event of a serious or repeated breach of § 6 of these Terms by the user.

After the Pro subscription ends, the account is downgraded to the free plan. Slot packs already purchased remain unaffected.

§ 6 Obligations and responsibility of the user

The user undertakes:

• to keep their access credentials secret and to change them immediately if there are indications that third parties have gained knowledge of them;
• not to make accessible via the Service, or store as the target of a QR code, any content that is unlawful, harmful to minors, glorifies violence, is pornographic, insulting, discriminatory or infringes the rights of third parties (in particular trademark, copyright, personality and data protection rights);
• not to use the Service to distribute malware, for phishing, spam, misleading redirects or to disguise prohibited content;
• not to make automated mass requests and not to impair the security or availability of the Service.

The user is solely responsible for all content that they upload to the Service or redirect to by QR code. The user indemnifies the provider against claims by third parties asserted due to a breach of these obligations caused by the user. Under §§ 7 et seq. DDG (the German Digital Services Act), the provider has no obligation to proactively monitor content.

§ 7 Blocking and termination in case of abuse

In the event of a breach of § 6, the provider is entitled, depending on the severity of the breach, to temporarily block the affected QR codes or the entire account, to remove affected redirects and, in serious or repeated cases, to terminate the contract extraordinarily. If the unlawfulness is not obvious, the provider will give the user the opportunity to respond before blocking, insofar as this is possible and reasonable.

§ 8 Availability and maintenance

The provider aims for an availability of the Service of 99.5% on an annual average. Not included in this rate are downtimes due to force majeure, maintenance work and disruptions outside the provider's area of responsibility (e.g. failure of upstream services such as hosting, DNS or power supply). Planned maintenance windows are scheduled outside usual business hours where possible.

No availability beyond this and no specific service level is owed or guaranteed. Otherwise, the liability provisions in § 10 apply.

§ 9 Rights to the Service and user content

All rights to the Service, its software, the trademark "QR Kontor" and the content created by the provider remain with the provider. For the duration of the contract, the user receives a simple, non-transferable right to use the Service in accordance with the contract.

For the content uploaded by the user (in particular target URLs, vCard data, logos), the user grants the provider a simple right of use limited to the term of the contract, solely for the purpose of providing the Service.

§ 10 Liability

The provider is liable without limitation for intent and gross negligence, for injury to life, body and health, under the provisions of the German Product Liability Act and to the extent of a guarantee assumed by the provider.

For slight negligence, the provider is liable only in the event of a breach of an essential contractual obligation (an obligation whose fulfillment is a prerequisite for the proper performance of the contract and on whose observance the contractual partner may regularly rely). In this case, liability is limited to the foreseeable damage typical for the contract at the time of conclusion, but at most to the fees paid by the user to the provider in the last twelve months.

Any further liability, in particular for lost profits, indirect damage, consequential damage and damage arising from the content or target URLs uploaded by the user to the Service, is excluded.

The above limitations of liability also apply to the personal liability of employees, representatives and agents of the provider.

§ 11 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal (Widerruf). Details can be found in the separate withdrawal policy.

When purchasing digital content (in particular slot packs and the Pro subscription), the right of withdrawal expires under § 356 (5) BGB as soon as the provider has begun performing the contract, the consumer has expressly agreed that performance begins before the end of the withdrawal period, and the consumer has confirmed their knowledge that their right of withdrawal expires when performance begins.

§ 12 Data protection and data processing

The provider processes personal data exclusively in accordance with the privacy policy and the applicable regulations (GDPR (DSGVO), BDSG, DDG).

If a business customer uses the Service to process personal data of third parties and a data processing agreement (DPA, German: AVV) under Art. 28 GDPR is required for this, the provider will conclude such an agreement upon request. A request can be sent informally to info@qrkontor.de.

§ 13 Changes to the Terms

The provider reserves the right to change these Terms with effect for the future insofar as this is necessary to adapt to changes in the law, supreme court rulings, technical developments or to introduce new features, and does not unreasonably disadvantage the user. The user is informed of changes by email at least six weeks before they take effect. If the user does not object within this period, the changes are deemed accepted; the user is expressly informed of this right to object and the consequences of silence in the change notification.

§ 14 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who have their habitual residence in another EU member state, mandatory protective provisions of the law of that state remain unaffected.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Leipzig, provided the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the statutory provision.