Licence Agreement
This is the licence agreement (version dated 01 July 2025) between the user of the software provided by QRcodespot.com and Prompt Media. Customers must read these terms before using the software. By using and/or installing the software or update, customers agree to be bound by the terms of this licence agreement.
Article 1 - Definitions
In this licence agreement, the following terms are used with the following meanings, unless otherwise indicated or evident from the context:
QRcodespot.com:
Visiting address (By appointment only): QRcodespot.com | Prompt media, Papaverweg 34, 1032 KJ, Amsterdam, The Netherlands;
Postal address: QRcodespot.com | Prompt media, Postbus 56907, 1040AX, Amsterdam, The Netherlands;;
Registered with the Chamber of Commerce under registration number 01086975;
Customer: the customer who uses the software provided by QRcodespot.com;
Software: the software made available by QRcodespot.com to the customer to create static, dynamic QR codes and barcodes;
Website: https://qrcodespot.com
Article 2 - Intellectual Property Rights
2.1 QRcodespot.com retains exclusive ownership of all intellectual property rights relating to the Software, including but not limited to patents, copyrights, trade marks, mask works, design rights and trade secrets directly related to or associated with the Software. The Customer shall not engage in any activities that may infringe such intellectual property rights. The Customer acquires no rights to the Software other than the limited usage rights as set out in this Licence Agreement.
2.2 In the event that a third party claims that their intellectual property rights are being infringed by the Software or otherwise, the Customer is obliged to notify QRcodespot.com immediately of such claim, so that QRcodespot.com is able to defend against such claim at the Customer's expense. QRcodespot.com reserves the right to replace the Software or part thereof to remedy the alleged infringement.
Article 3 - Licence
3.1 In accordance with the terms of this Licence Agreement, QRcodespot.com grants the Customer a non-transferable, non-exclusive right to use the Software developed by QRcodespot.com, together with all associated documentation and all updates, new versions, translations, adaptations, modifications, derivatives or copies thereof, provided that the Customer fulfils its payment obligations towards QRcodespot.com and under the conditions set out in this Licence Agreement.
3.2 QRcodespot.com reserves the right to take and maintain technical measures to protect its intellectual property rights.
Article 4 - Back-up
QRcodespot.com will ensure that a complete system backup of the data entered into the software is made periodically.
Article 5 - Warranty
QRcodespot.com warrants that the Software, when used in accordance with the applicable instructions, will function in accordance with the accompanying documentation. However, QRcodespot.com does not warrant that the Software will operate without errors or interruptions, and any defects in the Software will be remedied in accordance with Article 7 of this Licence Agreement. Please note that the licence contains no other warranties, express or implied, by or on behalf of QRcodespot.com or any other party granting rights to use the software.
Article 6 - Support and Maintenance Terms
6.1 QRcodespot.com will provide customers with online support regarding the use of the Software. QRcodespot.com will endeavour to respond to requests in a timely manner. In the event that errors or defects are discovered in the Software, customers are requested to notify QRcodespot.com as soon as possible so that a solution can be provided with minimal delay.
6.2 QRcodespot.com strives to minimise inconvenience caused by maintenance, updates and improvements to the software. Where possible, we will attempt to notify the customer in good time. Please note that customers are not entitled to damages or other forms of compensation in the event that the software is unavailable.
Article 7 - Licence Fee
The QRcodespot.com software is available for use on a free basis, with a limited number of features. Alternatively, customers have the option to purchase a subscription, which is billed annually. The subscription is valid for a period of one year, after which it is automatically terminated unless renewed before the end of the subscription period. The current pricing structure can be found on the QRcodespot.com website (www.qrcodespot.com/plan).
Article 8 - Price Changes
8.1 QRcodespot.com reserves the right to change subscription prices at any time, with such changes taking effect immediately for new subscriptions and for existing subscriptions after expiry of the subscription period. QRcodespot.com will notify the customer in writing or by email at least two months before the implementation of such changes.
8.2 In the event that the customer does not accept the price change, they have the right to terminate the agreement before the day on which the change takes effect. This termination must be made in writing or by email within one month after QRcodespot.com has notified the customer of the price change. The customer is not permitted to terminate the agreement if the price increase is the result of a statutory provision or regulation.
Article 9 - Duration of the Licence Agreement, Termination and Administrative Costs
9.1 The licence agreement is entered into for the period corresponding to the billing period. After expiry of the billing period, the subscription is automatically terminated. To prevent this, the subscription must be renewed before termination. Otherwise, the subscription is converted to a free subscription and all subscription-related options are lost. Available data is also deleted. The customer is notified by email 21 days before termination.
9.2 In the event that a customer terminates the agreement and/or no longer pays the fee for using the software, they are no longer entitled to use the software.
Article 10 - Payment, Administrative Costs and Collection Costs
10.1 Payment must be made within 14 days of the invoice date.
10.2 If the customer has not complied with the payment request included in the second reminder that QRcodespot.com has sent to the customer, QRcodespot.com will send the customer a reminder and €25 (excl. VAT) in administrative costs will be charged to the customer.
10.3 In case of late payment, the customer is obliged to fully compensate both extrajudicial and judicial collection costs, including costs for lawyers, bailiffs and debt collection agencies.
10.4 The claim for payment is immediately due and payable in the event that the customer is declared bankrupt, applies for a moratorium on payments or general attachment is levied on the customer's assets, the customer dies, and furthermore if the customer enters into liquidation or is dissolved.
10.5 If the invoice amount remains unpaid for a period of more than two months from the invoice date, QRcodespot.com reserves the right to block access to the software, preventing the customer from using the software. Prior to this action, QRcodespot.com will notify the customer in advance. The blocking will be lifted as soon as all outstanding claims have been satisfied.
Article 11 - Termination of the Agreement
11.1 QRcodespot.com reserves the right to terminate the licence agreement at any time without judicial intervention, provided that the customer has applied for a moratorium on payments or has been declared bankrupt.
11.2 Either party may terminate the licence agreement in whole or in part by written notice to the other party, provided that the other party has committed a material and attributable breach in the performance of the licence agreement and has not remedied this within a reasonable period despite written notice of default by the aggrieved party. If it is clear that the breaching party will not be able to fulfil its obligations under the licence agreement, a notice of default may be dispensed with.
Article 12 - Consequences of Termination
In case of termination or dissolution of the licence agreement, the customer is obliged to immediately refrain from exercising the rights granted to them under this agreement. This includes the use of the software.
Article 13 - Customer Obligations
13.1 The customer must: ensure that the software is not misused; immediately notify QRcodespot.com of all relevant facts and circumstances as soon as they discover unauthorised use of the software.
13.2 Computer equipment is used in the performance of the licence agreement. The customer is responsible for the proper selection and timely and adequate availability thereof. QRcodespot.com is not liable for damage or costs resulting from failures or unavailability of this computer equipment.
13.3 The customer is responsible for the proper functioning of their equipment used to access and use the software.
13.4 The customer is prohibited from using the software in a manner that may cause damage to the software and/or third parties or that may result in an interruption of availability.
13.5 The customer is responsible for the use and proper application of the software in their organisation and for following any instructions and/or advice from QRcodespot.com.
13.6 If the customer has not fulfilled their obligations mentioned in this article, all resulting costs shall be borne by the customer.
Article 14 - Liability and Limitation
14.1 QRcodespot.com accepts no liability for damage of any nature if the Customer provides incorrect and/or incomplete information, unless such incorrectness or incompleteness should have been apparent to QRcodespot.com.
14.2 QRcodespot.com is not liable for damage of any nature arising from the Customer's failure to fulfil their obligations under this Licence Agreement or the law.
14.3 Except in cases of intent or gross negligence by QRcodespot.com, QRcodespot.com's liability, on any grounds whatsoever, towards the customer or towards third parties making claims through the customer, is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the customer in respect of the software.
14.4 QRcodespot.com is not liable for indirect damage or consequential damage, including loss or damage to data or loss of income, profit or turnover.
14.5 Any damage as referred to in this article must be reported in writing to QRcodespot.com within 7 days of occurrence. Damage not reported within this period is not eligible for compensation.
14.6 QRcodespot.com is not liable for damage arising from the use of the software caused by third parties.
14.7 QRcodespot.com is not liable for damage resulting from events or circumstances over which QRcodespot.com has no control, including but not limited to: unavailability, delays in delivery of, or failures and defects in data, products or services of third parties; strikes or industrial action; decisions taken by or rules, instructions or orders issued by government, judicial authorities or other competent authorities.
14.8 Rights of claim and other powers of the customer on any grounds whatsoever against QRcodespot.com shall in any case lapse after the expiry of 1 year from the moment that a fact occurs that enables the customer to exercise these rights and/or powers against QRcodespot.com.
Article 15 - Indemnification
The customer agrees to indemnify and hold QRcodespot.com harmless from damage or costs resulting from claims by third parties against QRcodespot.com. These claims must be related to or arise from the use of the software by the customer or third parties.
Article 16 - Confidentiality
Each party agrees to protect the confidentiality of all data received from the other party that is or should be considered confidential, unless disclosure is legally required. The party receiving confidential information shall use it solely for the purpose for which it was provided.
Article 17 - Miscellaneous
17.1 If any provision of this Licence Agreement is declared void or unenforceable, this shall not affect the validity of the remaining provisions. If any provision of this Licence Agreement is declared void or unenforceable, that provision shall be replaced by a provision or rule that resembles it as closely as possible.
17.2 The parties will attempt to settle all disputes relating to the performance of this Licence Agreement amicably.
17.3 The Customer agrees to all changes to the terms of this Licence Agreement that may be necessary as a result of changes in relevant legislation and regulations in the broadest sense of the word.
17.4 This Licence Agreement is governed by Dutch law.
17.5 All disputes between Customer and QRcodespot.com will be submitted to the competent court in the district where QRcodespot.com is established.
17.6 A data processing agreement with additional safeguards regarding the processing and security of personal data forms an integral part of the agreements between the Customer and QRcodespot.com | Prompt.
This data processing agreement is attached as an Appendix.