These Terms are currently in draft and pending legal review. They are published so that prospective customers can see the framework on which we intend to contract. The binding contract for any particular client will be the order form or written agreement they sign with us.
1. Parties
These Terms of Service (“Terms”) are entered into between:
- BYTEGEARS LTD, a company registered in England and Wales under company number 12638514, with its registered office at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom (“QR Express”, “we”, “us”), and
- the business that registers for or uses the QR Express service (“Customer”, “you”).
By creating an account, signing an order form, or otherwise using QR Express, you agree to these Terms.
2. The Service
QR Express is a software-as-a-service platform that enables hospitality businesses (typically restaurants, cafés and bars) to provide QR-code based digital menus, in-venue ordering, table service workflows, and online payments to their guests (the “Service”).
The Service may include, depending on the plan chosen: digital menu management, QR code generation, table-level ordering, payment processing through third-party providers, POS integrations, analytics, and supporting tools.
We may add, modify, or remove features over time. We will not materially reduce the functionality of a paid plan during a billing period.
3. Account, eligibility, and registration
To use the Service you must:
- be a business (sole trader, company, partnership or equivalent legal entity);
- be at least 18 years old and authorised to bind the entity you represent;
- provide accurate registration information and keep it up to date;
- keep your login credentials confidential.
You are responsible for all activity that takes place under your account.
4. Acceptable use
You agree not to:
- use the Service for any unlawful purpose or in breach of any applicable law,
- upload or transmit content that is illegal, infringing, defamatory, or otherwise harmful,
- impersonate any person or misrepresent your affiliation,
- attempt to reverse engineer, decompile, or extract the source code of the Service except to the extent permitted by mandatory law,
- scrape, crawl, or harvest the Service or its content other than through the interfaces we provide,
- introduce malware, attempt to gain unauthorised access, or interfere with the integrity of the Service,
- resell or sublicense the Service without our prior written consent.
We may suspend or terminate accounts that breach this section.
5. Fees, billing and refunds
Fees are as set out in the order form, plan description, or pricing page applicable to your account.
Unless otherwise agreed:
- subscriptions renew automatically until cancelled,
- fees are invoiced in advance per billing period,
- payment is due within the period stated on the invoice,
- prices are exclusive of VAT or other applicable taxes, which will be added where required.
30-day money-back guarantee
For new Customers signing up to a paid plan, we offer a 30-day money-back guarantee: if you request a refund of your initial subscription fee within 30 days of first payment, we will refund it in full. The guarantee does not apply to: (i) custom development or onboarding fees, (ii) third-party payment-processing fees, (iii) renewals after the first 30 days, or (iv) accounts terminated by us for breach.
We may change pricing on renewal with reasonable prior notice.
6. Customer responsibilities and data protection
You are responsible for the content you publish through the Service (menus, prices, policies) and for ensuring that it complies with applicable law, including consumer, allergen, food-safety, and tax obligations.
You are the data controller in respect of personal data of your guests collected through the Service (for example, names, contact details, order data, and payment metadata generated when guests scan your QR codes). QR Express acts as a data processor for that data under Article 28 UK GDPR / EU GDPR. The Data Processing Agreement at (“DPA”) forms part of these Terms and governs that processing.
You must:
- have a lawful basis to collect and share guest data with us,
- present an appropriate privacy notice to your guests,
- handle data subject requests that relate to your own controller responsibilities.
7. Intellectual property
We and our licensors own all rights in and to the Service, including the software, design, trademarks, and documentation. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use the Service during the term, solely for your internal business purposes.
You retain ownership of the content you upload. You grant us a limited licence to host, process, and display that content as needed to provide the Service.
8. Confidentiality
Each party agrees to keep the other party’s confidential information confidential and to use it only to perform its obligations under these Terms, for as long as the information remains confidential.
9. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the Service is provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted or error-free, or that it will meet every Customer’s specific requirements.
10. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or fraud).
Subject to that:
- neither party is liable for indirect, consequential, or special losses, loss of profits, loss of business, loss of goodwill or loss of data;
- our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees paid by you to us in that 12-month period.
11. Term and termination
These Terms apply for as long as you have an account or are using the Service.
Either party may terminate:
- for convenience, by giving notice in line with the order form or plan;
- immediately, if the other party materially breaches these Terms and fails to remedy the breach within 30 days of written notice;
- immediately, if the other party becomes insolvent or ceases to trade.
On termination, your right to use the Service ends. We will make your data available for export for a reasonable period and then delete or anonymise it in accordance with our Privacy Policy.
12. Force majeure
Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, strikes, network outages, or actions of third-party suppliers, provided the affected party takes reasonable steps to mitigate the impact.
13. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that we may bring proceedings to protect our intellectual property in any competent court.
14. Changes to the Terms
We may update these Terms from time to time. Material changes will be notified by email or through the Service at least in advance of taking effect. Continued use of the Service after the effective date constitutes acceptance.
15. Miscellaneous
If any provision is found unenforceable, the rest remain in force. Failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a corporate reorganisation or sale of business.
16. Contact
BYTEGEARS LTD 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom Email: contact@qrexpress.co.uk