zumoQR terms

DEFINITIONS

Who are we?
Zumotools ApS, Danish VAT no. 29221642, is a Danish company organized and working under Danish law. We work to develop and offer online software for marketing use. In Zumotools ApS we work to make marketing tools that are normally only available to large, established organizations available to anyone and at a low cost.Zumotools is owned and run by Zumotools ApS.

Terms
The terms “we”, “us”, “our” and “the company” refer to Zumotools ApS. The term “Zumotools” refers to either the company Zumotools ApS or to our online platform from which our marketing software is marketed, sold and administered. The terms “services” and “the service” refers to the marketing software solutions we offer at zumoQR, and others that may come later, our platforms and the solutions and services we offer. The terms “customer/client/user” refers to an individual (independent legal entity) that has registered with us in order to use at least one of our software solutions (Services). The terms “websites” and “sites” refer to websites and platforms, including www.zumotools.com, www.zumotools.dk, www.zumoqr.com, www.zumoqr.dk, and others that may be added later. “Extra Tools” are expansions or additions to our Services. The terms “information” and “Personal information” refer to information about a user of our services. The terms “you” and “your” refer to the person reading these Terms who may be a user of our services and/or a visitor to our websites but not yet a user. The terms “login area/backend” refer to the part of our website and services that the user gains access to via password and username from where he/she may access their Personal information and work with our Services. The term “end user” refers to the individuals that are ultimately exposed to content generated by our customers through our Services – such as an end user scanning a QR code or receiving an email or text message created by one of our customers using our Services.
These Terms apply to all users of our Services, both paying customers, users with a Free account and visitors to our websites.

Descriptions of Services

zumoQR
zumoQR is an online QR management system for the handling of QR codes. In the management system you can create and design QR codes, edit URLs and see and gather statistics for generating reports or measuring effects. zumoQR has been developed with the purpose of facilitating the easy creation and handling of QR codes across clients, campaigns and media platforms – without losing the big picture.
zumoQR is an ideal tool for advertising- and marketing agencies but can also be used to great advantage by retail chains, stores and companies with their own marketing positions or departments.

LIABILITY

Minimum demands for users

The user must be a human being of no less than 16 years of age to user our services. Accounts created by “robots”, “bots” or other automated functions are not accepted and will be deleted without warning.
To create an account the user must as a minimum register their name and a valid email address. Additionally we prefer the registration of a mobile phone number. To register for a paid plan a physical address and credit card information are required.
Contractual agreement for registration
Only one user per username and password.
The user uses our services at their own risk and accepts the use of our Services on an “as is” basis.
The user accepts that all data registered for the use of the account are correct and that the user has the right to use these data.
The user accepts that these data must be kept updated without unreasonable delay.
The user may only have one free account.
The user is wholly responsible for the protection of their username and password. ZUmotools ApS cannot be held liable for damages or losses caused by any neglect on part of the user in protecting login information.
The user is solely responsible for all content and activity on the account.
The user must immediately change passwords or inform Zumotools ApS if they suspect or know that a third party has gained access to the user’s password.
Support is only available to paying customers.
The service may not be used for any form of criminal or unauthorized purpose. This includes but is not limited to laws about intellectual property rights and copyrights.
The user may not modify, take over or hack the service and may not develop solutions or software that utilizes the functionality of our Service.
We will continuously gather anonymous data on the use of the service and may select to analyze these in cooperation with a third party. The users will not be identifiable from this data.
The user accepts that Zumotools ApS uses third party suppliers for the hosting of our services.
The user accepts upon creating an account that Zumotools ApS uses the registered email address for communications about our products, marketing, services and these Terms of use.

Privacy
Zumotools ApS respects your privacy and will not share personal information such as addresses, phone numbers and email addresses with third parties. Read more about our Privacy policy here (www.zumoqr.com/zumotools-privacy-policy)

Terms of use for zumoTools
The User’s use of our Services and of zumoTOOLS’ services in general is at their own discretion and risk. Zumotools ApS accepts no liability for the content, accuracy, legality, decency etc. of the information that the customer/user receives or transmits via the Internet. Zumotools ApS accepts no responsibility for the outside surveillance or gathering of or loss of the user’s traffic or data. Zumotools ApS accepts no liability for damages or losses caused to the user in conjunction with the user’s Plan, including the use of or inability to use the user’s Services or other services of Zumotools ApS in general, no matter the cause thereof, unless Zumotools ApS has acted deliberately to the detriment of the user or in gross negligence. Zumotools ApS shall not be responsible for
direct or indirect losses including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data or the reestablishing of same. Should Zumotools ApS be held accountable for the user’s use the liability of Zumotools ApS shall not exceed an amount equal to the amount paid for the user for their subscription for the subscription period in question (a maximum of 1 month).
Under no circumstance shall the user use their subscription for the purpose of gaining unauthorized access to systems connected to the internet or act in any way that punishable by law according to Danish or other laws. Nor shall the user under any circumstances perform such actions or transmissions that may disproportionately burden our Services, servers and technical infrastructure; otherwise disturb the function of the internet; violate the current internet etiquette, for instance by disclosing private information about other people; or by their actions significantly disrupt other internet users.
A zumoTOOLS Service may not be used for illegal material. Illegal material being defined here as material the user does not own the rights to or does not have the right to publish; material offensive to other people, organization or the rights of the same; or material that is in violation of the law. This prohibition applies to, but is not limited to, texts, images, video clips, audio files and any other imaginable information or hyperlinks to same. Also considered as illegal material is any material of a pornographic, racist, religious or political nature that regardless of legality may be deemed highly offensive. In case of doubt as to whether material is appropriate the final decision will be made by Zumotools ApS, possibly in cooperation with an expert or advisory party in the applicable field. 
Violation of these terms and conditions may result in an immediate termination of the account and the deletion of content. In the case of such a termination, all liability for costs to the user and /or a third party as a result of the termination lies solely with the user.

The user is responsible and held liable for content linked to using QR codes generated in zumoQR.
Using a zumoQR product for any form of illegal material, whether for distributing, storing or linking to, is prohibited.
QR codes from zumoQR may not be used to link to pages distributing viruses, worms or other types of malicious code.
Violation of these terms and conditions may result in an immediate termination of the account and the deletion of content. In the case of such a termination, all liability for costs to the user and /or a third party as a result of the termination lies solely with the user.

PAYMENT TERMS

Plans

Credit cards
A plan runs for 30 days and will be charged on a pre-pay basis on the date you sign up for the plan. Additional plans and purchasing Extra Tools (modules, products and features) are likewise paid in advance. Should an Extra Tool be purchased during a plan period the full cost of the plan period will be deducted. Certain Extra Tools such as Geolocation under zumoQR and SMS under zumoLOYALTY are priced according to usage and the user is invoiced retroactively for use that exceeds the amounts covered in the plan. The plan is irrevocable for its duration. At the beginning of each Plan period, the credit card entered by the user is automatically charged for the plan(s) and Extra Tools that the user has purchased. After each charge and payment the user will receive an email informing of the invoice available to them on their account.

PayPal
Zumotools ApS and the user accept PayPal’s Terms of Service.

Currencies
DKK equals Danish Kroner.
USD equals United States Dollars.

Discontinuance
Should the user not wish to renew their plan, the user must cancel the plan and any Extra Tools in their user account no later than 48 hours before a plan period ends. Following the cancellation, data will be saved for 8 days after which it is deleted.

Refunds
No refunds are offered.

Lack of payment
In case of lack of payment the user will receive a written reminder of payment (via email) with an additional late fee of DKK 100 and a time limit of 8 days to make payment. This first reminder email is sent the day after timely payment of the plan. Should no payment be received within this time limit the user will receive a notice of termination/deletion of the user’s account, plans, Extra Tools etc. In the case of termination of an account the user’s access to the all services will be blocked and all QR codes will be redirected to www.zumoqr.com. On discontinuance of the user’s plan with Zumotools ApS, whether cancelled by the customer or cancelled or terminated by Zumotools ApS, the entirety of the user’s data registered to the user’s account will be deleted 8 days after the final discontinuance of the individual plan. Should the user following a termination of their account pay the amount due, the user may request that Zumotools ApS reopen the user’s account. If Zumotools ApS accepts the request, Zumotools ApS is entitled to invoice the user up to DKK 5,000 + tax for the reopening of the account. It is the exclusive right of Zumotools ApS to decide whether or not the user’s account shall be reopened.

IMMATERIAL RIGHTS
Copyright, database rights and similar immaterial rights to material on Zumotools ApS’s platforms and websites belong to Zumotools ApS or the party that has authorized the use of the material. You may not copy, wholly or partially, nor may you duplicate, forward, distribute, store, reproduce, adapt, cite or use the material in any way without express written consent from Zumotools ApS.

GOVERNING LAW AND VENUE
Zumotools ApS, ZumoTools and related web pages are subject exclusively to Danish law. By using this website you accept that the courts of Denmark shall have exclusive jurisdiction over any disputes arising from or in connection with it.

SUPPORT

Denmark
www.zumoqr.dk
Email: info@zumotools.com
Phone: (+45) 70 70 18 00

USA
www.zumoqr.com
Email: info@zumotools.com

CHANGE OF TERMS
Zumotools ApS reserves the right to change and modify these terms conditions without notification or accept from users.
Prices of all services are subject to change with 30 days’ notice with the notice advertised on our websites. 

CONTACT
Zumotools ApS
Nørreport 8
DK-8000 Aarhus C.

Phone: +45 70701800
Email: info@zumotools.com
Website: www.zumotools.com

REVISIONS
Last revision of these Terms was completed the 1-7-2015.