Conditions of Service
Last updated: September 7, 2024
Table of Contents
- Introduction and Definitions
- Conclusion of the Contract
- Services and Order Process
- Prices and Payment Terms
- Intellectual Property Rights and Usage Rights
- Warranty and Limitation of Liability
- Data Protection and Security
- User Obligations and Service Limitations
- Service Level Agreement (SLA)
- Term, Termination, and Updates to the Service
- Changes to Terms
- Final Provisions
1. Introduction and Definitions
1.1 Welcome to LemioCode, operated by Linkplicity GmbH. By using our QR code generation service on lemiocode.com, you agree to the following terms and conditions. Please read them carefully.
1.2 These General Terms and Conditions apply exclusively to business transactions with entrepreneurs as defined in § 1 UGB (Austrian Commercial Code).
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 1 UGB).
1.4 The contract languages are German and English. In case of discrepancies between the German and English versions, the German version shall prevail.
2. Conclusion of the Contract
2.1 The presentation of our services on lemiocode.com does not constitute a binding offer but rather an invitation to place an order. A contract is concluded when we accept the customer's order, which is confirmed by an order confirmation email.
2.2 The customer makes a binding offer to enter into a contract by successfully completing the order process. We will confirm receipt of the order by email, which constitutes acceptance of the contract.
3. Services and Order Process
3.1 Scope of Services:
- Creation of up to three (3) designs per order
- Delivery of final QR codes in PNG, SVG, and PDF formats
- One revision of the selected design
3.2 Order Process:
a) QR Code Generation: To order a QR code, you must provide the following information:
- URL: The destination URL for the QR code.
- Image or Video File: Upload an image or video file; note that these files might be edited to ensure optimal QR code quality.
- Comments or Special Requests: Any specific requests or comments regarding the QR code's design.
- Company Name: The name of your company.
- Contact Person: The name of the primary contact person.
- Email Address: The email address where we will send notifications and the finished QR code. This email will also be used to request billing and invoice details.
b) QR Code Delivery:
- Selection: Choose your preferred QR code design from the options provided.
- Revision: You are entitled to one revision if none of the provided options meet your expectations. This revision does not allow changes to the original graphic you submitted.
- Final Delivery: After you make your selection, we will send the final QR code to your email without a watermark, along with an invoice for payment.
c) Consultation Option: You can opt to schedule a free online consultation by checking the corresponding box during the order process. During the consultation, we will:
- Discuss the various applications and uses of your QR code.
- Review the correct implementation and tracking of your QR code.
- Present different design versions of your QR code for you to choose from.
- Address any specific requests or questions you may have.
4. Prices and Payment Terms
4.1 Prices:
- Static QR Code: €250 (net)
- Dynamic QR Code: €500 (net)
4.2 All prices listed are net prices and do not include Value Added Tax (VAT). The applicable VAT will be added to the final invoice amount.
4.3 The payment is due within 14 days after receipt of the invoice without any deduction. In case of late payment, we are entitled to charge default interest at a rate of 9.2 percentage points above the European Central Bank's base rate.
4.4 Once the order is placed, the customer is obligated to pay the specified amount plus applicable VAT.
5. Intellectual Property Rights and Usage Rights
5.1 All intellectual property rights related to our service, including but not limited to copyrights, trademarks, and patents, are owned by Linkplicity GmbH or its licensors.
5.2 Upon full payment, the customer receives a temporally and spatially unlimited, non-exclusive right to use the created QR codes for all known types of use.
5.3 The customer may use the QR codes for their own business purposes but may not resell or sublicense them to third parties.
5.4 The QR codes generated through our service are for the personal or business use of the customer. The customer retains any pre-existing rights to the images or videos uploaded for QR code generation.
5.5 By using our service, you grant Linkplicity GmbH a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify the uploaded images or videos solely for the purpose of generating the requested QR codes.
6. Warranty and Limitation of Liability
6.1 We warrant that our QR code generation service will function substantially as described in these Terms of Service.
6.2 The customer must inspect the delivered QR codes immediately upon receipt and report any defects in writing without delay, but no later than 7 days after receipt. Hidden defects must be reported immediately upon discovery.
6.3 In case of justified complaints, we have the right to rectify the defect or provide a replacement. Only if this fails can the customer demand a reduction in price or withdraw from the contract.
6.4 The warranty period is 12 months from the delivery of the QR code.
6.5 Aesthetic Technology, operated by Linkplicity GmbH, is liable for damages only in cases of intent or gross negligence. Liability for slight negligence is excluded.
6.6 Liability for indirect damages, loss of profit, loss of interest, savings not made, consequential and financial losses, as well as damages from claims of third parties is excluded in any case, as far as legally permissible.
6.7 To the extent that Aesthetic Technology's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
6.8 We assume no liability for the content to which the generated QR code refers. The customer is solely responsible for the legality and appropriateness of this content.
7. Data Protection and Security
7.1 We process personal data in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act. Detailed information can be found in our separate privacy policy at https://www.aesthetic-tech.com/privacy-policy. By using our services, you agree to this privacy policy.
7.2 We employ state-of-the-art encryption technologies to ensure the security of your data. All transmissions occur over SSL-encrypted connections.
7.3 Uploaded content is stored in encrypted form on our servers and is accessible only for the duration of processing and for a limited time thereafter.
8. User Obligations and Service Limitations
8.1 You are responsible for ensuring that you have the necessary rights to use, reproduce, and modify any images or videos you upload to our service.
8.2 You agree not to use our service for any unlawful purpose or in any way that violates these Terms of Service.
8.3 Service Limitations:
- File Size: The maximum file size for uploaded images is 10MB and for videos is 50MB.
- Supported Formats: We accept JPG, JPEG and PNG for images, and MP4 and GIF for videos.
- Availability: While we strive to maintain 99.9% uptime, we do not guarantee uninterrupted access to our service.
9. Service Level Agreement (SLA)
9.1 We guarantee a service availability of 99.9% on an annual average.
9.2 For technical issues, we ensure an initial response time of maximum 4 hours during business hours (Mon-Fri, 9 AM - 5 PM CET).
10. Term, Termination, and Updates to the Service
10.1 For individual orders, no termination is required as the contract ends with the delivery of the QR code.
10.2 For recurring services, a notice period of 30 days to the end of the month applies.
10.3 We reserve the right to terminate or suspend your access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.
10.4 You may cease using our service at any time. If you have any ongoing orders or unfinished transactions, please contact us at [email protected] to resolve these before discontinuing use of our service.
10.5 Upon termination, your right to use the service will immediately cease. If you wish to terminate your relationship with us, you may simply discontinue using the service.
10.6 All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.7 We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
11. Changes to Terms
We reserve the right to amend these Terms and Conditions. We will inform you of any changes via email at least 30 days before they take effect. In this notification, we will explicitly point out your right to object and the consequences of an objection. If you do not object to the changes within this period, your continued use of our services after the changes take effect will be considered as acceptance of the amended terms. In the event of an objection, we reserve the right to terminate the contract. Orders placed before the changes take effect will be subject to the Terms and Conditions in effect at the time of the order.
12. Final Provisions
12.1 Severability Clause: If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid provision will be replaced by a valid provision that comes closest to the economic intent of the invalid provision.
12.2 Jurisdiction and Applicable Law:
- a) The exclusive place of jurisdiction for all disputes arising from this contract is Vienna, Austria.
- b) Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3 Force Majeure: Neither party shall be liable for any failure or delay in performance under these Terms of Service (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence.
12.4 These General Terms and Conditions apply exclusively to entrepreneurs. No contracts are concluded with consumers within the meaning of the Consumer Protection Act (KSchG).
12.5 Dispute Resolution: In the event of disputes, both parties shall first seek an amicable settlement. If this is not possible, a mediation procedure will be conducted before calling upon an ordinary court.
12.6 Contact Information:
For any questions or concerns, please contact us at:
- Email: [email protected]
- Company: Linkplicity GmbH (www.linkplicity.com)
- Address: Donaufelder Straße 6/6, 1210 Vienna, Austria
