Welcome to BizQR.app! These Terms of Use (“Terms”) apply to your access and use of our websites, services, apps, and products that you purchase or sign up for on BizQR.app (collectively, the “Services”). These Terms constitute a written contract between you (“you,” “your,” or “user”) and Hypatia Analytics, LLC, a Maryland Company with address 3903 Leland St, Chevy Chase, MD 20815, USAA.(“Company,” “we,” “our,” or “us”). In addition to these Terms, your use of the Services is governed also by our Privacy Policy.
Company offers its website https://BizQR.app (the “Site“) and Services to you conditioned upon your acceptance of these Terms. If you do not understand these Terms or do not agree to be bound by the Terms you may not access or use our Services, and you must immediately cease accessing or using the Services.
You agree to these Terms by starting to use the Services. Moreover, by creating an Account with us (as defined hereunder in section 3, (B), purchasing a paid Account, or accessing or using any of our services or/and application program interfaces (the “API“), you acknowledge and agree that you are indicating that you have read, understand, and agree to be bound by the terms of these Terms.
You have no right to access or use our services if you do not agree to these terms.
As described in section 3 below, these terms contain an arbitration provision and a waiver of class actions. You agree that any dispute or disputes between you and us will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
You must be at least eighteen (18) years old to create an Account and use our Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. In such case, “you” and “your” will refer to that organization.
You must be at least eighteen (18) years old to create an Account and use our Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. In such case, “you” and “your” will refer to that organization.
Company’s customer service team can address the majority of any concerns or disputes you may have about your use of the Services. Please contact us by email, phone or in writing at the following:
hypatiaanalytic@gmail.com +1-202-213-8559
If customer service is unable to resolve any concern or dispute (collectively, “Claim”), you agree to first try to resolve the Claim informally and in good faith by providing a written Notice of Claim to the address below:
Address: 3903 Leland Street, Chevy Chase, MD 20815, USA
The Notice of Claim must provide Company with reasonable notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking on an individual basis.
If your Claim is not resolved within 60 days of receipt, any resulting legal actions must be resolved through binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 60 days after the Notice of Claim is received.
This section governs any dispute between you and us, and how that dispute will be legally resolved if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you.
These Terms shall be exclusively governed by and construed in accordance with the laws of Maryland, United States of America, without regard to its conflict of law principles, provided that the arbitration provision shall be governed by the United States of America Federal Arbitration Act and federal arbitration law.
Any Claim, including, but not limited to, any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. If the parties cannot agree on the sole arbitrator within 14 days of the commencement of the arbitration, then JAMS shall designate the sole arbitrator.
The place of arbitration will be Maryland, USA. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Please note that, depending on your country of residence, under certain circumstances, you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.
For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
The following time limits are to apply to any arbitration arising out of or related to these Terms:
The arbitrator must agree to the foregoing deadlines before accepting the appointment. Failure to meet any of the foregoing deadlines will not render the award invalid, unenforceable, or subject to being vacated. The arbitrator, however, may impose appropriate sanctions and draw appropriate adverse inferences against the party primarily responsible for the failure to meet any such deadlines.
By agreeing to arbitration, each party waives its right to sue in court or to have a jury trial.
The language of the arbitration shall be in English.
The United States of America Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
You and Company agree to resolve disputes with us on an individual basis in arbitration. You agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Company, including, but not limited to, as a plaintiff or class member in any purported class action. If any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court.
Even though we are agreeing to arbitration, you and Company are both allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration. For example, a court proceeding would be allowed to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief whether temporary or permanent.
Subject to your compliance with these Terms and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access and use the Services. This license allows you to use the Services, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without the prior express written consent of the Company. All rights not expressly granted in these Terms are reserved by the Company.
To access certain parts of the Services, you will need to register and create an account (your “Account”). You represent and warrant that all information you provide in connection with your Account and your use of the Services is current, complete, and accurate, and that you will update that information as necessary. You further represent and warrant that you are not impersonating any person or entity through your Account or misleading others as to your affiliation with any person or entity. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify the Company immediately of any unauthorized use of your Account. If we suspect, in our sole discretion, that there has been a breach of your Account security, we reserve the right to refuse access to the Services, terminate your Account, delete information from the Account (including Content, as defined hereunder), suspend or terminate your right to use the Services or take such other action as we deem necessary. Further, we may close your Account and/or delete the data on it if there is no activity on it for a period of more than 33 days if you do not have a subscription with us or if you have used only (part of) our free services.
BizQR.app and the Services may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, your “Content”).
With respect to your Content, you are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, or invades the privacy of others (e.g., doxing), contains a commercial solicitation or another form of “spam” messages or otherwise violates the Prohibited Conduct section below. If you do one of these things, we may remove your Content, but we have no obligation to do so and we do not review user’s content as a matter of practice.
When you create, post, or distribute any Content with the Services, you represent and warrant that:
§ The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
§ You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Content in any manner contemplated by the Site and these Terms.
§ You have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Site and these Terms.
§ Your Content is not false, inaccurate, or misleading.
§ Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
§ Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
§ Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
§ Your Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
§ Your Content does not violate any applicable law, regulation, or rule.
§ Your Content does not violate the privacy or publicity rights of any third-party.
§ Your Content does not include any personal information that is likely to result in a risk to your rights and freedoms or of any other natural persons in the event of a data breach.
§ Your Content does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
§ Your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
§ Your Content does not otherwise violate, or link to material that violates any provision of these Terms, or any applicable law or regulation.
§ Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
§ You understand that any and all persons who have access to your QR codes, created via the Site can freely scan them. This means that whoever they are sent to or wherever they are marketed to, users can view and scan them and review your Content.
We impose certain restrictions on your use of the Services, and you agree to not:
We offer free trial and paid Services. You agree to pay Company all fees (“Fees”) associated with your use of the Services, as indicated to you at the time you agree to such Fees (such as through the Subscription, as defined hereunder, and during the checkout process). You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via BizQR.app. Plans and prices may be charged in US dollars or local currencies, so exact charges may vary based on location.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.
Company offers certain Services on a subscription basis. If you enroll in one of our subscription plans (your “Subscription”), you will be billed according to the terms of the Subscription (the “Subscription Terms”) as displayed to you at the time you enroll.
At the time you enroll in your Subscription, you will be required to provide payment information to pay for the Fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that your payment method on file will be charged Fees for additional Subscription periods (e.g., once every month or yearly), as disclosed to you when you enroll, without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless canceled in advance of the next payment period by you. Please pay attention to the Fees and Subscription Terms disclosed to you during the order process for your Subscription. We may find it necessary to change the Fees in effect for a Subscription and reserve the right to do so at our sole discretion. We will not increase Fees for your Subscription without prior notice to you that is sufficient to afford you an opportunity to cancel your Subscription before incurring the increased fees.
Company may offer new users a one-time trial plan (“Trial Plan”). Your Trial Plan must be used within the specified time. You must cancel your Trial Plan before the end of the promotional period to avoid being charged regular Fees for the next billing period. If you don’t cancel your Trial Plan and fail to enroll in any of the paid Subscriptions, your account will be frozen for a period of 33 days and after that deleted if you do not have a subscription with us or if you have used only (part of) our free services.
To change or cancel your Trial Plan or Subscription, you can log into your Account, go to the Billing tab and click Cancel Subscription. You may also provide us with the email address you used for registration here and we will cancel your Subscription. Alternatively, you can contact our customer support team at support@BizQR.app and someone will assist you with canceling your Subscription. Changes and cancellations to your Trial Plan or Subscription must be made at least 1 day before the next billing period to avoid being charged for any additional subscription cycles.
We offer a 30-day money-back satisfaction guarantee. If, for any reason, you are not satisfied with the Services, you may request a full refund within the first 30 days after the date of your last purchase.
We do not offer refunds for transactions older than 30 days or more before the date you contacted us with a refund request.
Refunds may be issued under exceptional circumstances and in Company’s sole discretion 30 days after any last purchase. Refunds are not available for Accounts that have violated these Terms.
To initiate the refund process, you may email us at hypatiaanalytic@gmail.com with subject REFUND or call us at +1 (202) 213-8559.
You expressly acknowledge and agree that it is your responsibility to comply with any and all privacy and data protection laws that may come into effect from time to time, regulations and terms applicable to any personal data provided by you for the purposes of the Service regardless of the country/state in which you are based. This includes but is not limited to, complying with any applicable privacy policies and cookie policies.
We may collect and process personal data regarding you in connection with the Services.
We may find it necessary to revise these Terms and Privacy Policy from time to time to better reflect changes to the law, new regulatory requirements, or improvements or enhancements made to our Services.
If we decide to modify these Terms, we will post the modification on our Site and update the date of last update at the bottom of these Terms and provide you with notice of the modification on our Site. Any change to these Terms will be effective as of the date of last update. By continuing to access or use the Services after such date, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you then you have to cease using the Services.
If you don’t agree to the updates we make, please cancel your Account and stop using the Services before the updated Terms become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
BizQR.app and/or the Services may link to and reference the websites and content of third parties (“Third-Party Websites”), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content or performance of Third-Party Websites. Company has not reviewed and cannot control all Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through the Third-Party Websites. Company disclaims, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
The BizQR.app website and domain any other Company owned website domain(s), and all content and other materials available through the Services, exclusive of user Content, are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Except as expressly provided in these Terms, neither your use of the Services nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Services will endure to the benefit of Company, and you assign all such goodwill to Company. You shall not at any time challenge Company’s right, title, or interest in, or the validity of, the Company IP.
Company has a customer support team to assist with any issues regarding the BizQR.app or the Services. We encourage you to seek resolution of any issues by first contacting customer support. Before beginning any arbitration, users should first contact Company to try to reach a resolution. Complaints received regarding the Services will be handled within a reasonable time of receipt of the notice.
These Terms shall commence on the date you have started to use our Services and remain in effect until terminated in accordance with this section. Provided, however, that if you purchased a paid account, these Terms will continue for the duration of the term selected by you, based on your Subscription Terms, unless otherwise terminated as permitted herein. If your paid account is set to automatically renew, your account will thereafter automatically renew for additional terms of the same length as initially set by you, or to the extent a shorter or a longer renewal term is required by law.
Either party may terminate these Terms at any time. Company may also unilaterally and immediately terminate these Terms, your Account, and your use of the Services at any time without notice, including for suspected violation of these Terms or any applicable law, or discontinuation of the Services. If a user deletes his/her account, this also counts as termination of the Terms with us. Upon termination of these Terms, all applicable rights and access granted to you herein will automatically terminate and you will cease any further use of the Services. However, all payment obligations outstanding at the time of termination as well as all sections of these Terms which by its nature would survive its termination shall survive the termination of these Terms. Users will not receive a (partial) refund or reimbursement of any fees already paid for Subscription/s.
In addition to the indemnity terms contained in section 4 (D)(4th bullet point), the following indemnification terms apply. To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Company and its owners, officers, directors, employees agents, affiliates, consultants, representatives, sub-licensees, successors, and assigns from any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of a) your use of or access to the Services, including your Account, or b) your violation of these Terms or any applicable law.
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your access to or use of the Services.
To the fullest extent permitted by applicable law, in no event shall Company, its managers, employees, partners, agents, suppliers, licensors, or affiliates be liable to you for any special, indirect, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages. Company assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your use of our services; (iii) any unauthorized access to or use of our servers or your account or any personal information stored therein; (iv) any interruption or cessation of transmission to or from the bizqr.app website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third-party; or (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services. In no event shall Company, its managers, employees, partners, agents, suppliers, licensors, or affiliates be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $100.00 or the amount you paid to us in the last thirty days. This section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The services would not be provided without such limitations.
To the fullest extent permitted by applicable law, Company, on behalf of itself, its managers, employees, partners, agents, suppliers, licensors, and affiliates, expressly disclaims any and all warranties, express or implied, regarding the website and services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, and non-infringement in addition to any warranties arising from a course of dealing, usage, or trade practice. Company does not warrant that (a) the website or services will function or be uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the website or services are free of viruses or other harmful components; or (d) that the services will meet your requirements or expectations. Company disclaims all implied liability for damages arising out of the website and services.
Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). If you believe Content on the Services violates your copyright, please immediately notify Company by emailing a DMCA takedown notice (“Infringement Notice”) to hypatiaanalytic@gmail.com. Your Infringement Notice should include all information described below:
Identification of your copyrighted work:
A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Services.
Your name, address, telephone number, and email address.
The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
A written statement by you that:
You believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
You declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner.
You should email your Infringement Notice with the subject line “DMCA Infringement Notice.” We will respond to all compliant Infringement Notices by taking any action required under the DMCA.
Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Services is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.
Infringement Notices are not anonymous. If we act in response to your Infringement Notice—such as by removing the Infringing Content—we will pass on your Infringement Notice to the user to provide an opportunity to respond. Counter notices should be emailed and comply with the DMCA.
These Terms constitute the entire agreement between the parties as to the matters in these Terms and supersede any prior agreements. These Terms do not create any agency, partnership, employer, or joint venture relationship. Use of the Services, including creation and use of an Account, constitutes your consent to receive communications from us, including emails with marketing offers and information about your Account. The parties shall not be liable for any event beyond that party’s reasonable control, such as a war, epidemic, pandemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Hypatia Analytics, LLC
3903 Leland St, Chevy Chase MD 20815, USA
+1-202-213-8559
hypatiaanalytic@gmail.com
Last updated: 21st February 2024