Terms of Service

Introduction

Welcome to QRemember.Me. These Terms of Service ("Terms") govern your use of the QRemember.Me website, memorial portal, and QR code materials (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you must not access or use our Services. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting on this website. Your continued use of the Services following any modifications indicates your acceptance of the modified Terms.

Account Creation and Portal Access

QRemember.Me provides portal access as part of our memorial service. The following terms apply to your account and portal access:

Account Creation Process

Unlike traditional registration processes, QRemember.Me accounts are automatically created upon successful purchase:

• By completing your purchase through our third-party payment processor Paymongo, you will be automatically registered for portal access
• Upon successful verification of your payment, QRemember.Me will create your account and send account credentials to the email address provided during checkout
• No separate registration process is required beyond completing your purchase

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Immediately notify QRemember.Me of any unauthorized use of your account or any other breach of security
• Ensure that you exit from your account at the end of each session when accessing the Services on a shared computer
• Not share your account credentials with any third party

QRemember.Me reserves the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.

Website and Portal Use

Acceptable Use

When using our website and memorial portal, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload or transmit any material that contains viruses, trojan horses, worms, or any other harmful or destructive code
• Attempt to gain unauthorized access to any part of our Services, other accounts, or computer systems
• Collect or store personal data about other users without their consent
• Use the Services for any commercial purpose without our prior written consent
• Interfere with or disrupt the Services or servers or networks connected to the Services

Memorial Content

You are solely responsible for all memorial content you upload, post, or otherwise transmit via our Services. By uploading content to a memorial page, you:

• Represent that you own or have the necessary rights, licenses, consents, and permissions to use and authorize QRemember.Me to use all intellectual property rights in and to any content
• Grant QRemember.Me a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such content in connection with the Services
• Understand that QRemember.Me does not pre-screen content, but has the right (though not the obligation) to refuse, remove, or delete any content that violates these Terms or is otherwise objectionable

QR Code Materials

QRemember.Me provides physical QR code markers and related materials as part of our Services. The following terms apply specifically to these materials:

Ownership and License

Upon purchase, you receive ownership of the physical QR code marker but are granted a limited, non-exclusive license to use the QR code functionality to access your memorial page. This license is valid for the lifetime of the product, subject to these Terms.

Acceptable Use of QR Materials

You agree to:

• Use QR code markers only for their intended memorial purposes
• Not reproduce, duplicate, copy, sell, or resell QR code markers without express permission
• Not alter, deface, or modify the QR code in a way that would prevent its proper functioning
• Install and maintain the QR code marker in a manner that ensures its durability
• Obtain necessary permissions for placement of QR markers in cemeteries, columbariums, or other memorial locations

QR Code Functionality

While QRemember.Me strives to ensure the durability and functionality of our QR code markers, we cannot guarantee:

• Permanent readability of the QR code under all environmental conditions
• Compatibility with all QR code scanning applications or devices
• Protection against vandalism, theft, or damage to the physical marker

We recommend periodic verification of QR code functionality and appropriate physical maintenance of the marker.

Memorial Portal Services

QRemember.Me provides an online memorial portal where users can create and manage memorial pages. The following terms apply to the portal services:

Service Availability

QRemember.Me will use reasonable efforts to make the memorial portal available at all times. However, we do not guarantee that the portal will be available continuously or error-free. We reserve the right to modify, suspend, or discontinue the portal services (or any part thereof) at any time with or without notice.

Memorial Page Duration

Upon purchase of a QR memorial marker, you are entitled to lifetime access to the associated memorial page, subject to the following conditions:

• The page remains compliant with these Terms
• QRemember.Me continues to operate as a business entity
• Technological conditions allow for the continued operation of the service in its current form

In the event that QRemember.Me changes its business model or ceases operations, we will make reasonable efforts to provide advance notice and, where possible, options for content retrieval or transfer.

Storage Limitations

Memorial pages include storage for photos, videos, and other digital content subject to reasonable limitations. Current storage limitations include:

• Up to 50 photos per memorial page
• Up to 10 videos (maximum 5 minutes each)
• Reasonable text content for biographical information and tributes

These limitations may be adjusted over time, and we will notify account holders of any changes that may affect their existing memorial pages.

Intellectual Property

The QRemember.Me Services, including all content, features, and functionality, are owned by QRemember.Me, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

Trademarks

The QRemember.Me name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of QRemember.Me or its affiliates. You may not use such marks without the prior written permission of QRemember.Me.

User Content Ownership

You retain ownership of your content, but grant QRemember.Me a license to use this content as described in the "Memorial Content" section above. QRemember.Me respects the intellectual property rights of others and expects users to do the same.

Disclaimers and Limitations of Liability

Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. QREMEMBER.ME EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

QREMEMBER.ME MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, QREMEMBER.ME DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (IV) THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

QREMEMBER.ME SPECIFICALLY DISCLAIMS ALL LIABILITY FOR:

• ANY DAMAGE, LOSS, OR ALTERATION OF CONTENT UPLOADED TO MEMORIAL PAGES
• UNAUTHORIZED ACCESS TO OR USE OF MEMORIAL PAGES
• PHYSICAL DAMAGE TO, THEFT OF, OR DEFACEMENT OF QR CODE MARKERS
• TECHNOLOGICAL CHANGES THAT MAY RENDER QR CODES OR RELATED SERVICES OBSOLETE OR INOPERABLE
• CEMETERY OR MEMORIAL SITE POLICIES THAT MAY RESTRICT PLACEMENT OR REQUIRE REMOVAL OF QR CODE MARKERS
• INABILITY TO ACCESS MEMORIAL PAGES DUE TO INTERNET CONNECTIVITY ISSUES, DEVICE COMPATIBILITY, OR QR CODE SCANNER LIMITATIONS

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QREMEMBER.ME, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• THE QUALITY, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF ANY MEMORIAL CONTENT
• PHYSICAL DEFECTS, DAMAGE, OR DETERIORATION OF QR CODE MARKERS
• TECHNOLOGICAL CHANGES AFFECTING QR CODE ACCESSIBILITY
• ANY OTHER MATTER RELATING TO THE SERVICES

QREMEMBER.ME SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING ANY DIRECT DAMAGES) IN EXCESS OF THE AMOUNT PAID BY YOU TO QREMEMBER.ME FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, QREMEMBER.ME'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless QRemember.Me, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services, including use of the QR code markers
• Any content you upload, post, or transmit through the Services
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or right of publicity
• Any claim that your content caused damage to a third party
• Any disputes or issues between you and any third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

Force Majeure

QRemember.Me shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation:

• Acts of God
• Flood, fire, earthquake, pandemic, epidemic, or explosion
• War, invasion, hostilities, terrorist threats or acts, riot or other civil unrest
• Government order, law, or actions
• Embargoes or blockades
• National or regional emergency
• Strikes, labor stoppages or slowdowns, or other industrial disturbances
• Shortage of adequate power or telecommunications or transportation facilities
• Technological changes rendering QR codes or associated technologies obsolete

Termination

QRemember.Me may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the courts located in the Philippines, and you consent to the personal jurisdiction of such courts.

Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and QRemember.Me regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

Waiver and Severability

No waiver by QRemember.Me of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QRemember.Me to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be struck from these Terms while the remaining provisions shall remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without QRemember.Me's prior written consent. QRemember.Me may assign or transfer these Terms, at its sole discretion, without restriction.

Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: contact@qremember.me