These Terms and Conditions (hereinafter "Terms") apply to all contracts between Kernbrand AG, Teufenerstrasse 11, 9000 St.Gallen, Switzerland (hereinafter "QRTool" or "we") and you as a customer (hereinafter "Customer" or "you") regarding the use of our QR code services.
These Terms apply exclusively. We do not recognize any terms and conditions of the Customer that conflict with or deviate from our Terms, unless we have expressly agreed to their application in writing.
QRTool provides a web-based platform that allows customers to create, manage and analyze dynamic QR codes. The services include:
The contract is formed by registering a customer account and confirmation by QRTool. By registering, the customer declares their agreement with these Terms.
QRTool reserves the right to reject registration requests without giving reasons. There is no entitlement to contract formation.
QRTool provides the services with an availability of at least 99% per calendar month. Scheduled maintenance work, which is carried out outside business hours whenever possible, is excluded.
The feature scope depends on the selected plan:
The customer undertakes to use the services only for lawful purposes. In particular, the following is prohibited:
The customer is responsible for compliance with all applicable data protection laws when using QR codes and the associated data collection.
Current prices can be viewed on the website. All prices are plus applicable VAT.
Payment is made monthly or annually in advance, depending on the selected billing interval. The first payment is due upon contract conclusion.
In case of payment default, we may restrict or block access to the services. Additionally, default interest of 5% p.a. will be charged.
The contract is concluded for an indefinite period. The minimum term is one month for monthly billing or one year for annual billing.
Both parties may terminate the contract with 30 days' notice to the end of the respective billing period.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of:
QRTool performs regular data backups. Upon termination, QR codes will continue in "read-only" mode for 30 days, after which they will be deactivated. Customer data will be deleted according to legal retention periods.
QRTool warrants the proper provision of services in accordance with technical specifications. In case of defects, QRTool will remedy them or provide replacement at its discretion.
QRTool's liability is limited to:
Any liability beyond this is excluded. Liability for indirect and consequential damages is excluded.
The processing of personal data is carried out in accordance with our Privacy Policy, which can be accessed at qrtool.ch/privacy.
QRTool reserves the right to change these Terms with 4 weeks' notice. If the customer does not object within 4 weeks of receiving the change notification, the changed Terms are deemed accepted.
All rights to the software, website and services remain with QRTool. The customer receives only a simple, non-transferable right of use for the duration of the contract.
QRTool is not liable for service disruptions due to force majeure, including natural disasters, cyber attacks, strikes or official orders.
Should individual provisions of these Terms be invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is Zurich, Switzerland.
For questions about these Terms, please contact:
Kernbrand AG
Teufenerstrasse 11
9000 St.Gallen, Switzerland
Email: legal@qrtool.ch