Terms and Conditions

By accessing any qReveal (a service owned by 1point151 LLC) site, product or service, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing any qReveal site, product or service.

The following policies also apply to your use of this site and are incorporated herein:

Use license

Permission is granted to temporarily download one copy of the materials (information or software) on qReveal sites for transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Attempt to decompile or reverse engineer any software contained on any qReveal website;
  • Any data-mining efforts otherwise attempt to compile data from the materials, whether manually or through a machine;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may also be terminated by qReveal at any time without notice. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You may not use any qReveal sites or services for any of the following purposes:

  • Any use that violates any laws;
  • Any use that violates the rights of others;
  • Any use that is discriminatory, violent, threatening or hateful;
  • Any use that prohibits others from accessing or enjoying the websites;
  • Any use that includes the use of pornography, explicit or offense images not appropriate for a general audience;
  • Any use that discriminates against any age, sex or gender, race, creed, religion, ethnic group, natural origin, indigenous population, sexual orientation, gender identity, gender expression, disability, veteran status or other protected group.
  • Any data-mining or related purposes.

By uploading text, images, video or other media to qReveal services, you are granting qReveal, the unlimited, non-exclusive, worldwide, royalty-free and perpetual license and right to reproduce, redistribute or otherwise utilize the materials you have submitted in any medium in existence or yet to be invented as part of displaying content associated with your account. The ownership rights for your text, images, video or other media do not transfer to qReveal. 

Accounts are licensed for a specific number of QR code scans or unique sessions per billing period. Accounts that exceed these limits may be automatically upgraded or billed for the additional usage at the current published rates.

Compliance

It is the sole responsibly of the account holder to comply with any local, state or federal laws and regulations, particularly those related to health and safety and social distancing and face coverings and required food safety disclaimers. qReveal strongly recommends consulting with a licensed professional to ensure full compliance and cannot be responsible for any non-compliance.

The account holder is also fully responsible for any accessibility issues that may arise and qReveal does not guarantee that its digital menus are fully compatible or compliant with any accessibility devices, laws or regulations. qReveal always recommends having backup printed copies of your menu or price list, including in alternative formats such as large print or Braille, to accommodate all guests.

qReveal strongly recommends that its products and services be used in conjunction with social distancing and face coverings as well as any other local, state or federal advice or guidelines.

qReveal cannot provide any legal, health, financial or medical advice.

Access by qReveal

By registering for an account, whether it is confirmed or not, you acknowledge and grant qReveal the right to access your account dashboard, without prior notice or permission, to review, create, edit or revise content in order to comply with applicable laws and policies and for marketing purposes.

Statements

qReveal makes every effort to provide accurate and sound content. However, statements made on the qReveal site, social media, email or other communications is for informational purposes only and is not warranted to apply to any local, state or federal laws, regulations, recommendations, guidelines or rules. This content is provided “as is” and no warranties are expressed or implied.

Disclaimer

The materials and services on qReveal websites are provided “as is.” qReveal makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties to the fullest extent allowed by law, including without limitation, implied warranties or conditions of merchantability, availability of services or pages, fitness for a particular purpose, or non-infringement of intellectual property, violating of privacy or other violation of rights.

Further, qReveal does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Statements have not been reviewed or approved by the Federal Drug Administration, Centers for Disease Control and Prevention, National Institutes of Health or any other federal, state, province or local governmental or quasi-governmental agencies. This product is not designed to prevent, treat or cure any disease.

These products and services and related claims are not endorsed, approved or reviewed by the Federal Drug Administration, Centers for Disease Control and Prevention, National Institutes of Health, or any other government agency or organization unless clearly noted.

Downtime

While qReveal will make best effort to keep its products and services available 24 hours a day, 7 days a week, as with all web servers, our servers may experience downtime occasionally. We strongly recommend that businesses have back up single use menus or price lists available in the event of downtime.

Planned, announced downtime or downtime is not eligible for credit or refunds.

qReveal may, at its choice, either process a prorated refund or credit to customer accounts for those who request it. The refund amount will be calculated by dividing the total monthly fee by the number of hours in the month and then multiplying that by the number of downtime hours, rounded up to the nearest half hour.

qReveal will not provide any further compensation for downtime. Downtime will be determined by a third party service selected by qReveal. Not all accounts may be affected by downtime and qReveal will offer no credits for accounts not affected by downtime that may have affected other accounts. If an account is inactive or registers no public views during downtime, no credit will be issued.

Every effort will be made to perform scheduled downtime during off peak hours, but this is not guaranteed.

Limitations

In no event shall qReveal or its suppliers be liable for any damages (including, without limitation, damages for loss of data, service availability, disclosure of personal information or lack of results) arising out of the use or inability to use the materials on qReveal services or site, even if qReveal or a qReveal authorized representative has been notified orally or in writing of the possibility of such issues.

qReveal does not guarantee that its websites and servers are error or virus free and you, not qReveal, are solely responsible for the cost of repair to personal devices in such cases. 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you, but any other limitations will remain intact.

qReveal is not responsible for backing up content or files in the event of a deletion.

Billing policies

All qReveal subscription or other fees are nonrefundable. If you cancel your qReveal account, you will not be eligible for any refund, prorated or otherwise, but your subscription will remain active until the expiration of the current term you have paid for.

In the event you modify your subscription plan to a lower number of locations, you will not receive a refund for locations already paid for. Instead, this will remain as a credit on your account that can be used toward future monthly fees until depleted, at which time you will be billed normally. Please note in these cases you will receive an invoice each month for $0.00 until the credit is exhausted.

There are no refunds or account credits for long term, enterprise or other agreements that offer special pricing in exchange for lower rates.

qReveal subscriptions automatically renew every 30 calendar days until canceled. By creating a subscription, you are authorizing qReveal to charge your card automatically every renewal period. qReveal is not responsible for financial institution fees or other penalties if your account is overdrawn due to the recurring charge.

All qReveal services are billed in U.S. dollars. If your account is domiciled outside of the United States, you may be subject to additional bank instituted fees, which are your sole responsibility. qReveal does not receive any of these funds.

In some cases, your subscription fee may be subject to taxes, tariffs or other fees in your locale. qReveal does not pay these fees on your behalf and you are solely responsible for determining, calculating and remitting these fees.

qReveal fees will appear as “QREVEAL.COM/CC” or “QREVEAL” on your financial account statement.

If you issue a dispute or chargeback against qReveal and the decision is found in favor of qReveal, we reserve the right to charge you a fee. Chargebacks or disputes will automatically deactivate your account and all public facing content, causing your QR code to stop displaying your content.

If a fee cannot be automatically billed, account content and QR codes will stop working until a valid charge can be processed. While we will attempt to notify you of this, we cannot be responsible for downtime that occurs as a result of a failure to bill your card, even if the card details are valid.

Account limits

Some accounts may only be used by single location venues with a capacity of less than 50 people. Capacity is defined as the number of physical seats or the maximum occupancy as determined by local officials (including “standing room only” or similar capacities), whichever is greater. If local officials have issued multiple capacity limits, the highest will be used to determine capacity for the purposes of plan eligibility.

For locations without either of these metrics, capacity is defined as the total indoor and outdoor square footage of the facility, both public and private areas, divided by four square feet (or local measurement equivalent). qReveal reserves the right, however, to determine the capacity of a location outside of these parameters and apply restrictions or charges to accounts that are determined to have a higher capacity.

If an account is found being used for a location that exceeds these capacity limits, qReveal will attempt to contact the account holder to set up an appropriate monthly paid plan based on calculated usage history.

Non-paid accounts that remain dormant and register no activity for longer than 90 days may be subject to deletion or suspension.

Different qReveal accounts have different limits on the number of scans or sessions per month as well as total image storage space, in addition to the total capacity of a business.

Scans are defined as the number of times a QR code is scanned. If the same device or user scans the same QR code multiple times within the same billing period, each scan will be counted.

Sessions are defined by a single unique device, as determined by qReveal’s analytics systems, views at least one page of the menu or price list generated by qReveal’s servers. This includes sessions not generated by a QR code scan or accessed via a separate, unique device. In general, each session is allowed up to 50 page views per session.

Scans and sessions are counted based on device, not by user, customer or party, as determined by qReveal’s analytics tools.

As a courtesy, qReveal will generally not count a scan or session made by the same device within 60 minutes of another scan or session.

For the purposes of calculating plan allowances, qReveal will use the total scans or sessions, whichever is greater, to determine usage.

Image storage space is defined by the amount of image files uploaded by an account and as calculated by qReveal’s analytics tools. In the event files are deleted, qReveal may continue to count any storage usage for up to 72 hours after the file is deleted. File storage is calculated based on the highest (and not average) amount of storage space used by an account during the current billing cycle; no refunds or credits are issued for fluctuations in storage use. However, as a courtesy, qReveal will generally not penalize or charge customers who exceed storage limits as long as the average amount of storage used during a billing cycle does not exceed the limit by 10 percent.

For accounts with multiple locations, the number of scans, sessions and image storage will be considered based on the total number of locations under a single account. If one location in an account exceeds the limits normally imposed on a single location but other location or locations on the account does not, the “leftover” allowance will be applied to the other locations on the account before any overage charges are calculated.

As a practice, qReveal will not normally penalize account holders if usage exceeds the defined limits by 10 percent or less during a single billing period. If an account exceeds this overage over more than one billing period, the account may be subject to review and additional fees may be assessed or an adjusted monthly rate be determined.

qReveal reserves the right to automatically bill credit cards on file for overage fees and your use of the service signifies your authorization for such fees. The standard rate for overages are $19 per 5,000 scans or sessions and $19 per 500MB of image storage. These rates are not prorated based on actual usage. For higher use, additional negotiated rates may be available.

All limits and other usage benchmarks are calculated based on a rolling 30 calendar day cycle, which may not coincide with actual months.

If a user downgrades from a paid plan to a non-paid plan, qReveal will, as a courtesy, attempt to store images and information that exceeds published limits for a reasonable amount of time so the user can easily restore these premium features, but reserves the right to remove this content at any time without notice.

qReveal always reserves the right to disable, suspend or request a higher subscription fee on accounts with high usage at its sole and final discretion.

Special conditions for free accounts

qReveal reserves the right to display a “powered by” link, using the verbiage and link of its choice on free accounts.

Dynamic sponsorships

qReveal may, at its sole and final discretion and without compensation to account holders, dynamically insert sponsored text, images and other content based on specific keywords or brand names inputted by the user.

qReveal may also analyze the content inputted by users to determine the frequency of specific words, phrases or other content, aggregated with anonymous scan, session and page view data, and provide this information to prospective brands.

Use in marketing

Account holders automatically grant qReveal the non-exclusive, perpetual, worldwide, royalty free and unlimited right to use business name, logo, related imagery and other publicly available information for the purpose of marketing qReveal and its services. This can include, but is not limited to, case studies, customer lists, reference lists, display and text or video advertising.

Non-endorsement

The use of the “powered by” link does not indication a partnership, endorsement or other relationship between the user and qReveal. Customers may not claim they have a partnership, endorsement or other relationship with qReveal without written permission from qReveal beyond that their contactless menu or price list is “powered by qReveal.”

Linking to content

Subscribers are not permitted to link to image files or other resources on qReveal servers from other websites. If such usage is detected, it may be blocked and the customer may be billed for bandwidth usage.

Revisions and errata

The materials appearing on qReveal’s website or service could include technical, typographical or photographic errors. qReveal does not warrant that any of the materials on its web site are accurate, complete or current. qReveal may make changes to the materials or remove any materials contained on its website at any time without notice. qReveal does not, however, make any commitment to update the materials, but is not obligated to.

Links and user uploaded content

qReveal has not reviewed all of the sites linked to its Internet websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by qReveal of the site. Use of any such linked site is at the user’s own risk.

qReveal is not responsible for content uploaded by account holders and does not necessarily endorse any of the content uploaded.

Governing law and disputes

Any claim relating to qReveal’s site or services shall be governed by the laws of the State of Illinois, county of DuPage, without regard to its conflict of law provisions. All disputes will be subject to binding arbitration by a third party arbitrator under the rules of the American Arbitration Association.

In no case shall qReveal’s monetary responsibility exceed that of a single monthly payment.

Policy modifications

qReveal may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Copyright

Copyright © 2020-2021 1point151 LLC d/b/a qReveal. All rights reserved. No part of this website may be reproduced in whole or part.

Whole agreement

This agreement and its policies and amendments incorporated herein, represents the entire agreement between you and qReveal. It supersedes all other agreements, whether written or oral, unless a valid addendum is signed, in writing, by both parties. 

If any part of this agreement is found to be invalid or unenforceable, all remaining terms and conditions shall remain in effect.

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