Terms of Service

Last updated: September 04, 2025

Introduction

Welcome to ProsperQR LLC ("ProsperQR," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at www.prosperqr.com (the "Website"), our products, services, and any related applications or integrations, including access to Google Business Profiles (collectively, the "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.

These Terms apply to all users, including visitors, registered users, and customers. Additional terms may apply to specific Services (e.g., purchase agreements), which supplement these Terms and are incorporated by reference.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent that you meet these requirements. Our Services are not intended for children under 13, and we do not knowingly collect data from them, in compliance with the Children's Online Privacy Protection Act (COPPA).

2. Account Registration and Security

To access certain features of our Services (e.g., purchasing QR code products or managing Google Business Profiles), you may need to create an account. You agree to:

Provide accurate, current, and complete information during registration.
Maintain the security of your account credentials (e.g., username and password).
Notify us immediately at support@prosperqr.com if you suspect unauthorized use of your account.
Be responsible for all activities conducted under your account.

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or if your account poses a security risk.

3. Use of Services

3.1 General Use

You may use our Website and Services only for lawful purposes and in accordance with these Terms. Our Services include, but are not limited to:

Purchasing QR code signs or NFC cards to generate business reviews.
Accessing and editing your Google Business Profile (e.g., managing reviews, updating business details) with your explicit authorization via OAuth or similar mechanisms.

3.2 Google Business Profile Integration

If you authorize us to access your Google Business Profile, you grant us permission to read and edit data (e.g., business name, address, reviews, photos) through Google's APIs to provide our Services. You can revoke this access at any time through your Google account settings or by contacting us at support@prosperqr.com. Revoking access may limit certain features of our Services.

3.3 Prohibited Conduct

You agree not to:

Use the Services in any way that violates applicable federal, state, or local laws, including privacy laws like the California Consumer Privacy Act (CCPA).
Attempt to gain unauthorized access to our systems, networks, or other users' accounts.
Use the Services to transmit malicious code, viruses, or harmful content.
Reproduce, modify, distribute, or create derivative works from our Services or content without permission.
Use automated tools (e.g., bots, scrapers) to access or collect data from our Website or Services, except as expressly permitted.
Misrepresent your identity or impersonate others.
Engage in any activity that disrupts or interferes with the performance of our Services.

4. Purchases and Payments

When you purchase products or Services (e.g., QR code signs, NFC cards, or subscriptions), you agree to:

Provide accurate payment and billing information.
Pay all applicable fees as described on our Website.
Comply with any additional purchase terms provided at the time of sale.

All sales are processed through third-party payment providers (e.g., Shopify, Stripe, PayPal). We are not responsible for their performance, but we will work to resolve any issues related to our Services.

5. Intellectual Property

5.1 Ownership

All content, trademarks, logos, designs, and software on our Website and Services (collectively, "Content") are owned by or licensed to ProsperQR LLC, protected by copyright, trademark, and other intellectual property laws. This includes QR code designs, website layouts, and proprietary technology.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and Content for personal or business use as intended (e.g., generating reviews via QR codes). You may not copy, modify, distribute, sell, or sublicense our Content or Services without our written permission.

5.3 User Content

Any content you submit or upload (e.g., business details, reviews, or feedback) remains yours, but you grant us a worldwide, non-exclusive, royalty-free license to use, store, and display such content as necessary to provide our Services. You represent that you have the right to provide such content and that it complies with these Terms.

6. Privacy

Your use of our Services is subject to our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of your personal data as described in the Privacy Policy, including data from your Google Business Profile if authorized.

7. Termination

We may suspend or terminate your access to the Services at our discretion, with or without notice, if:

You violate these Terms.
Your use poses a risk to our systems, other users, or third parties.
We are required to do so by law.

Upon termination, your right to use the Services ceases, but provisions regarding intellectual property, disclaimers, liability, and dispute resolution will survive.

8. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee:

The accuracy, completeness, or availability of our Services.
That our Services will be uninterrupted, error-free, or free from viruses or harmful components.
The performance or accuracy of third-party integrations (e.g., Google Business Profile APIs).

9. Limitation of Liability

To the fullest extent permitted by law, ProsperQR LLC, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use our Services, even if advised of the possibility of such damages. Our total liability to you for any claim will not exceed the amount you paid us for the Services in the six (6) months prior to the claim. Some jurisdictions do not allow certain limitations, so these may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProsperQR LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or costs (including reasonable attorneys' fees) arising from:

Your violation of these Terms.
Your use of the Services, including any content you submit.
Your violation of any third-party rights, including intellectual property or privacy rights.

11. Changes to These Terms

We may update these Terms from time to time by posting the revised version on our Website. We will notify you of material changes via email or a prominent notice on our Website. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration in New York, NY, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property or similar claims. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and ProsperQR LLC regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or sale.

Force Majeure

We are not liable for delays or failures in performance due to events beyond our reasonable control (e.g., natural disasters, server outages).

14. Contact Us

For questions or concerns about these Terms, please contact us at:

ProsperQR LLC

12 Eckford St Apt 6Q, Brooklyn, NY 11222, USA

Email: support@prosperqr.com

These terms of service were last updated on September 04, 2025. For questions about these terms, please contact us at support@prosperqr.com