Terms and Conditions

§ 1 Scope of Application

These Terms and Conditions apply to all contracts for the use of Xenqr services (hereinafter "Service") between Xenqr GmbH (hereinafter "Provider") and users (hereinafter "Customer" or "User").

§ 2 Subject of Contract

The Provider makes available to the Customer a web-based platform through which dynamic QR codes can be created, managed, and analyzed. The scope of functions depends on the selected plan (Free, Pro, or Team).

§ 3 Conclusion of Contract and Registration

1. The contract is concluded through the Customer's registration on the Provider's website.
2. By registering, the Customer makes a binding offer to conclude a usage agreement.
3. The Provider can accept the offer by sending a confirmation email or by activating the customer account.
4. The Customer undertakes to provide truthful and complete information during registration.

§ 4 Scope of Services and Availability

1. The Provider makes the Service available with 99.5% availability on average per year. This excludes maintenance work and technical disruptions.
2. The Provider reserves the right to further develop and improve the Service.
3. The specific scope of services is determined by the selected plan option.

§ 5 Prices and Payment Terms

1. Current prices can be found on the Provider's website.
2. Billing for paid plans is done monthly or annually in advance, depending on the selected payment method.
3. Payment is made through the payment methods offered on the website.
4. In case of payment default, the Provider is entitled to block access to the Service.
5. All prices are subject to statutory value-added tax.

§ 6 User Rights and Obligations

1. The Customer receives a non-exclusive, non-transferable right to use the Service for the duration of the contractual relationship.
2. The Customer undertakes not to use the Service for illegal purposes.
3. The Customer is solely responsible for the content that their QR codes link to.
4. The Customer may not take any measures that impair the functionality of the Service.
5. The Customer is obligated to keep their access credentials confidential.

§ 7 Data Protection and Data Usage

The Provider processes the Customer's personal data exclusively within the framework of applicable data protection regulations. Further information is contained in the Provider's Privacy Policy.

§ 8 Contract Duration and Termination

1. The Free plan can be terminated at any time without observing a notice period.
2. Paid plans have a minimum term of one month or one year (depending on the selected payment method) and are automatically renewed unless terminated.
3. Termination can be made with 14 days' notice before the end of the respective contract period.
4. The right to extraordinary termination for good cause remains unaffected.
5. Termination must be made in text form (e.g., by email).

§ 9 Liability

1. The Provider is fully liable for intent and gross negligence, as well as for injury to life, body, or health.
2. In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the typical foreseeable damage.
3. Liability under product liability law remains unaffected.

§ 10 Amendments to Terms

The Provider reserves the right to amend these Terms with effect for the future. The Customer will be informed of changes by email. If the Customer does not object to the amended Terms within 4 weeks of receipt of the notification of change, the amended Terms are deemed accepted.

§ 11 Final Provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. The place of performance and jurisdiction is Berlin, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
3. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: October 2025