Terms and Conditions

§ 1 Provider and Scope

These Terms and Conditions (“Terms”) govern the contractual relationship between:

Moritz Krawczyk
acting under the business name “Xenqr”
Eichendorffstrasse
58762 Altena
Germany
(hereinafter “Provider”)

and the users of the Xenqr platform (hereinafter “Customer”).

These Terms apply to all contracts concerning the use of the web-based QR code generation and analytics platform.

§ 2 Subject Matter of the Contract

The Provider offers a web-based Software-as-a-Service (SaaS) platform enabling Customers to create, manage, and analyze dynamic QR codes.

The scope of features depends on the selected subscription plan (Free, Pro, or Team).

§ 3 Conclusion of Contract

The contract is concluded upon completion of the online registration process and activation of the Customer account.

By registering, the Customer submits a binding offer to conclude a usage agreement. The Provider may accept this offer by activating the account or by confirmation email.

The Customer is obliged to provide accurate and complete information during registration.

§ 4 Scope of Services and Availability

The Provider aims to ensure an average annual availability of 99.5%.

Excluded from availability calculations are:

  • Scheduled maintenance
  • Security updates
  • Force majeure events
  • Circumstances beyond the Provider’s control

The Provider reserves the right to further develop, modify, or improve the Service, provided that core contractual obligations are not materially impaired.

§ 5 Prices and Payment

Current prices are published on the website.

Paid subscriptions are billed monthly or annually in advance.

Payments are processed via the payment methods offered on the platform.

In case of payment default, the Provider may suspend access to the Service after prior notice.

All prices include statutory VAT where applicable.

§ 6 Rights and Obligations of the Customer

The Customer receives a non-exclusive, non-transferable right to use the Service during the contract term.

The Customer agrees:

  • Not to use the Service for unlawful purposes
  • Not to distribute malicious or illegal content
  • Not to interfere with system integrity
  • To keep login credentials confidential

The Customer is solely responsible for the content linked via generated QR codes.

§ 7 Data Processing

The Provider processes personal data in accordance with applicable data protection laws.

Details are set out in the Privacy Policy.

If the Customer processes personal data via the Service, the Customer remains the data controller within the meaning of the GDPR.

§ 8 Contract Duration and Termination

Free plans may be terminated at any time.

Paid subscriptions have a minimum term corresponding to the selected billing cycle (monthly or annual).

Subscriptions automatically renew for the same term unless terminated at least 14 days before the end of the current billing period.

Termination may be declared in text form (e.g., email).

The right to terminate for good cause remains unaffected.

§ 9 Data Retention After Termination

Upon termination of the contract, the Customer’s access will be disabled.

Customer data will be deleted within 30 days after termination unless statutory retention obligations apply.

§ 10 Liability

The Provider is fully liable for:

  • Intent and gross negligence
  • Injury to life, body, or health
  • Liability under mandatory statutory provisions

In cases of slight negligence, liability is limited to breaches of essential contractual obligations and restricted to foreseeable damages typical for the contract.

Any further liability is excluded.

§ 11 Amendments to the Terms

The Provider may amend these Terms for future contracts.

For existing contracts, amendments will only become effective if:

  • The Customer is notified at least 4 weeks in advance, and
  • The Customer does not object within this period, and
  • The amendment does not materially disadvantage the Customer.

Customers will be informed of their right to object.

§ 12 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the Customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction shall be the Provider’s place of business.