Terms of Service

1. Agreement and business eligibility

These Terms form a binding agreement between Platform Foundry LLC ("Platform Foundry", "we", "us" or "our") and the person or entity using the Services ("Customer", "you" or "your"). The "Services" include IndustryQR, associated websites, applications, tenant environments, QR resolver routes, subscriptions, support functions, onboarding, documentation and related capabilities that we make available.

The Services are offered solely for business, organisational, governmental, trade or professional use, and not for personal, family or household use. You represent that you are at least 18 years old, are legally capable of contracting, and have authority to bind the Customer. You must not use the Services as a consumer or on behalf of an entity that has not authorised you.

A signed agreement, order form, proposal, data processing addendum or other written instrument may add to or vary these Terms. In the event of conflict, the signed instrument controls, followed by the applicable order or plan, these Terms, and then referenced policies. No purchase order or customer terms modify this agreement unless we expressly accept them in writing.

2. The Services

IndustryQR provides configurable tools for managed QR Records, dynamic destinations, public or protected landing modes, label and print output, scan history, authenticated operator actions, operational evidence, requirement status, analytics, tenant administration and selected precise scan GPS comparison controls. Features, limits, retention, support and availability vary by plan, configuration, region and release status.

We may add, remove, restrict, replace or modify features, interfaces, limits, dependencies and technical methods. Roadmaps, demonstrations, examples, "readiness" statements and future-feature descriptions are not commitments. Beta, preview, controlled-rollout and unreleased functions may be changed or withdrawn without liability.

Unless a separate signed service-level agreement states otherwise, support targets, onboarding assistance, response times, uptime statements and recovery objectives are operational aims rather than guarantees. Custom development, data migration, integrations, dedicated deployments, extensive configuration and specialist compliance work are outside the standard subscription unless expressly included in writing.

3. Accounts and tenant administration

The Customer is responsible for all Authorised Users, tenant administrators, account activity, credentials, devices, permissions, role assignments and instructions submitted through its tenant. Customer must keep account information accurate, use strong access controls, promptly remove users who no longer require access, and notify us without delay of suspected compromise or unauthorised use.

A Tenant Administrator may manage users, settings, QR Records, sites, locations, QR Types, actions, labels, evidence, retention choices and other tenant controls. Customer is responsible for ensuring administrators have appropriate authority and training. Actions performed through an authorised account may be treated as Customer's instructions, whether or not the Customer intended the particular action.

We may access a tenant where reasonably necessary to provide support, maintain or secure the Services, investigate misuse, comply with law, protect users or systems, or exercise our rights. Such access is limited to legitimate purposes and may be logged or audited.

4. Subscriptions, billing and taxes

Paid plans are billed in advance at the price and billing interval shown at checkout or in the applicable order. Unless stated otherwise, prices are in United States dollars and exclude applicable taxes, duties, bank charges and currency-conversion costs.

By subscribing, Customer authorises us and our payment processor to charge the selected payment method on a recurring basis. Subscriptions renew automatically until cancelled. Failed or overdue payments may result in payment retries, restricted access, suspension or termination.

Customer may cancel at any time. Cancellation stops future renewal and normally takes effect at the end of the current paid billing period, during which access will continue. Except where required by law or expressly agreed in writing, amounts already paid are non-refundable and will not be prorated for unused or partial billing periods.

We may change prices or plan structures by giving notice before the change applies to a future renewal. Plan limits are enforceable service controls, and usage above those limits may be restricted or require a higher plan or separately agreed service.

5. Customer Data and confidentiality

5.1 Ownership and limited processing right

As between the parties, Customer retains its rights in information, records, files, images, notes, configurations, routes and other content submitted to or generated for Customer through the Services ("Customer Data"). Customer grants Platform Foundry and its necessary service providers a limited, worldwide right to host, copy, transmit, format, process, secure, back up, display and otherwise use Customer Data only as reasonably necessary to provide, administer, support, protect and improve the Services, follow Customer instructions, maintain legitimate business records and comply with law.

We do not sell or rent Customer Data, disclose it to competitors, or use it for unrelated third-party advertising. We may use aggregated or de-identified technical information that does not reasonably identify Customer or reveal Customer Data for internal reliability, capacity, security, support and service-improvement purposes.

5.2 Confidentiality by default

Each party must protect the other party's non-public business, technical, security, operational, commercial and financial information ("Confidential Information") using at least reasonable care and may use it only for the relationship contemplated by these Terms. Platform Foundry will treat Customer Data and non-public Customer information as confidential by default and will not publicise Customer's name, logo, project, screenshots, personnel, working relationship or non-public results without prior written consent.

Confidential Information may be disclosed only to personnel, contractors, advisers and service providers who reasonably need it for service delivery, security, payment, support, legal, insurance, audit, backup, continuity or compliance purposes and who are expected to handle it appropriately. These obligations do not apply to information that is lawfully public, already known without restriction, independently developed, lawfully received from another source, or required to be disclosed by law. Where legally permitted, the receiving party will provide reasonable notice of compelled disclosure.

Customer must likewise protect Platform Foundry's non-public software, architecture, security information, proposals, pricing, methods, documentation and commercial discussions. Neither party may make public announcements, case studies, testimonials, press releases or public references concerning a non-public relationship without the other party's prior written consent.

5.3 Security, retention and privacy

We use reasonable administrative, technical and organisational safeguards appropriate to the Services, but no online system, transmission method, cloud environment, access control, backup or security measure can guarantee absolute security. Customer must maintain its own backups and business-continuity arrangements for information it cannot afford to lose.

Customer Data may be processed by infrastructure, hosting, payment, email, security, backup and support providers to the extent reasonably necessary for the Services. Retention, export and deletion depend on product functionality, plan, Customer instructions, legal obligations, security records, backup cycles and technical limitations. Audit, billing, fraud-prevention, security and derived operational records may survive account closure where reasonably necessary. Use of personal information is also governed by the Privacy Policy and any applicable data processing addendum.

6. Customer responsibilities

Customer is solely responsible for:

• the legality, accuracy, quality, integrity, retention and appropriateness of Customer Data and instructions;
• obtaining all rights, notices, permissions, consents and lawful bases required for users, employees, contractors, scanners and other persons;
• deciding whether the Services, plan, configuration, roles, alerts, retention and security controls are suitable for Customer's operations and jurisdiction;
• the content, safety, legality, availability and continuing accuracy of QR destinations, external URLs, landing pages and linked systems;
• physical QR placement, label materials, print quality, testing, maintenance, replacement, tamper inspection and removal of obsolete labels;
• maintaining independent procedures, source records, human review, backups, safety controls and regulatory records appropriate to Customer's business;
• responding to data-subject, worker, customer, regulator or third-party requests arising from Customer's use;
• preventing the submission of regulated, highly sensitive or unusually high-risk data unless its use has been expressly agreed for the deployment.

Customer must test each QR route and label before operational deployment and after material destination changes. Customer must not rely on the Services as the only source of emergency, safety-critical, compliance-critical, medical, hazardous-material, machine-control, quality-release, inventory-title or life-protection information.

7. Acceptable Use Policy

Customer and Authorised Users must not use the Services to:

• violate law, sanctions, export controls, privacy, employment, surveillance, consumer, safety or intellectual-property rights;
• create phishing, malware, credential-harvesting, deceptive, impersonating, fraudulent or unsafe QR routes or content;
• collect precise device GPS coordinates, photographs, personal information or workplace data without required notice, authority, permission and lawful purpose;
• harass, discriminate, defame, threaten, exploit, mislead or unlawfully monitor any person;
• upload malicious code, unlawful content, infringing material or data Customer is not authorised to process;
• probe, scan, test or defeat security; bypass plan, tenant, role or access controls; or access another tenant or user account;
• reverse engineer, copy, frame, resell, sublicense, scrape, harvest or automate access except through an expressly authorised interface;
• interfere with performance, overload infrastructure, send spam or use the Services to attack another system;
• make false claims that a QR is copy-proof, tamper-proof, continuously tracked, officially certified or guaranteed by Platform Foundry;
• use the Services in a way likely to cause physical harm, unlawful surveillance, material reputational harm or unreasonable legal or security risk.

We may investigate suspected misuse; block URLs, routes, files, actions or accounts; preserve evidence; cooperate with lawful requests; and suspend or terminate access without prior notice where reasonably necessary to protect people, systems, Platform Foundry, customers or the public.

8. IndustryQR-specific operating and evidentiary boundaries

8.1 QR codes, labels and destinations

Printed QR codes can be copied, photographed, reprinted, damaged, obscured or covered by another label. IndustryQR provides managed routes, route history, revocation, print history, scan signals and risk controls, but does not make a physical QR copy-proof, counterfeit-proof or tamper-proof. Customer must maintain appropriate physical controls and verify that scanners reach the expected trusted domain before entering sensitive information.

We do not control third-party destinations, linked files, external systems, browser behaviour, cameras, printers, networks or devices. A destination may change, fail, become unsafe or be inaccessible. Customer is responsible for continuous review and prompt correction of its routes and content.

8.2 Scan events, actions, requirements and alerts

Scan logs and estimated scan interactions are operational signals, not a guaranteed count of people, devices, physical events or completed work. A Scan Action records that an authenticated user saved the selected action and associated data. It does not prove the action was performed correctly, by the named person, to a required standard, or as part of a completed regulated process.

Required, Due, Overdue and Met status reflects configured counting rules and recorded events. Acknowledgement and acceptor fields are record attributes, not verified electronic signatures, identity proof, certification, legal acceptance or proof that a named acceptor personally operated the control. Photos, notes and evidence may be incomplete, inaccurate, manipulated or taken at another time or place.

Severity, anomaly, duplicate-risk, attention and exception indicators may be derived from configuration, automated logic, heuristics and incomplete data. They may contain false positives, false negatives, delays or omissions and are not professional, legal, safety, quality, compliance or risk advice. Customer must independently review them and arrange separately scoped configuration or development where Customer requires its own business rules.

8.3 Precise scan GPS

Where effectively enabled, IndustryQR may request one browser-reported precise GPS position from a public or authenticated scanner device for an eligible scan interaction after notice and device permission. This is point-in-time information only. It is not continuous tracking, does not make a QR label a transmitter, and does not prove the QR-labelled item’s position, ownership, custody, identity or continuing physical presence. Public precise scan GPS remains controlled by platform, Growth or Pro plan and tenant settings and is off by default for each tenant.

GPS comparison outcomes depend on Customer-supplied expected GPS coordinates for the QR Record, Site or Location, configured tolerance, browser permission, device sensors, signal conditions and reported accuracy. A Match, Uncertain Accuracy, Low Accuracy or Outside Tolerance result is operational evidence only and may be wrong. Browser refusal, timeout, error or unavailability does not block the public result, protected sign-in or normal authenticated action pathway. Customer is solely responsible for lawful workplace notices, user instructions, permissions, retention decisions and use of precise scan GPS information.

9. Third-party services

The Services rely on third-party hosting, database, cloud, domain, content-delivery, browser, device, email, payment, security, communications, backup and other providers. Third-party services may be unavailable, changed, discontinued, rate-limited, blocked or subject to separate terms. We are not responsible for third-party acts, omissions, outages, security, data practices, fees, destination content or compatibility.

Payments may be processed through Stripe or another disclosed provider. We do not receive or store full payment-card details where the payment provider collects them directly. Payment activation, cancellation and subscription state may depend on trusted provider notifications and can be delayed by provider or network events.

10. Intellectual property

Platform Foundry and its licensors retain all rights in the Services, software, source code, packages, database structures, interfaces, designs, workflows, methods, documentation, branding, templates, analytics logic and improvements. Except for the limited right to use the Services during an active authorised subscription, no right or licence is granted by implication.

Customer may not copy, modify, distribute, disclose, reverse engineer, create derivative works from, benchmark for publication, or use the Services to build or assist a competing product except where a restriction is prohibited by non-excludable law. Feedback may be used by Platform Foundry without restriction, attribution or payment, provided we do not thereby acquire Customer Data or disclose Customer Confidential Information.

Customer represents that it has all rights needed for Customer Data and grants us the limited rights stated in Section 5. Customer must not remove proprietary notices or use Platform Foundry or IndustryQR names, logos or marks without prior written permission.

11. Suspension and termination

We may suspend, restrict or terminate any account, tenant, route, content, feature or subscription immediately if payment is overdue; Customer breaches these Terms; use creates legal, security, operational or reputational risk; a provider requires suspension; or continued service could harm Platform Foundry, another customer, a user or the public. We may also discontinue a Service on reasonable notice where practicable.

Customer may stop using the Services and cancel future renewal through available account controls or by contacting us. Termination does not relieve accrued payment obligations. Upon termination, Customer's access and licence end. Customer is responsible for exporting required data before termination. After a reasonable period, we may delete or de-identify Customer Data without liability, subject to legal obligations, security records, backup cycles and any signed agreement.

Provisions concerning fees, confidentiality, intellectual property, disclaimers, liability, indemnity, disputes, audit records and any terms intended by their nature to survive will continue after termination.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS. PLATFORM FOUNDRY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, SECURITY, AVAILABILITY, QUIET ENJOYMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES, QR ROUTES, LABELS, SCANS, ACTIONS, ALERTS, ANALYTICS, GPS RESULTS, EXPORTS, INTEGRATIONS OR THIRD-PARTY SERVICES WILL BE COMPLETE, ACCURATE, CURRENT, COMPLIANT, UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE, RECOVERABLE OR SUITABLE FOR CUSTOMER'S PURPOSE. CUSTOMER ASSUMES ALL RISK ARISING FROM ITS CONFIGURATION, DEPLOYMENT, RELIANCE, PHYSICAL USE AND BUSINESS DECISIONS.

The Services do not provide legal, regulatory, cybersecurity, engineering, quality, safety, medical, accounting, tax, employment or other professional advice and are not a substitute for qualified advice, independent inspection, human judgement, mandatory records, approved procedures or Customer's own systems of record.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLATFORM FOUNDRY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE "PROTECTED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, DATA, USE, GOODWILL, OPPORTUNITY OR BUSINESS; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM CUSTOMER'S OPERATIONAL USE; OR ANY FAILURE TO IDENTIFY, PREVENT OR RESPOND TO A QR, ROUTE, LABEL, SCAN, ACTION, SECURITY, GPS, ANOMALY, COMPLIANCE OR SAFETY EVENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, CUSTOMER DATA, THESE TERMS OR THE RELATIONSHIP WILL NOT EXCEED THE GREATER OF US$100 OR THE FEES ACTUALLY PAID BY CUSTOMER TO PLATFORM FOUNDRY FOR THE AFFECTED SERVICE DURING THE THREE MONTHS IMMEDIATELY BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. THIS IS ONE COMBINED CAP, NOT A CAP PER CLAIM, USER, EVENT, THEORY OR PROTECTED PARTY.

These exclusions and limits apply regardless of legal theory, even if a remedy fails of its essential purpose and even if a Protected Party was advised of the possibility of loss. Customer agrees that fees reflect this allocation of risk and that the Protected Parties would not provide the Services without it. No member, manager, officer, employee or contractor of Platform Foundry has personal liability under these Terms.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Where applicable law prohibits an exclusion or cap, liability is limited to the minimum amount and remedy permitted by that law. Customer must bring any claim within one year after the event giving rise to it, or the shortest period permitted by applicable law, otherwise the claim is permanently barred.

14. Customer indemnity

To the maximum extent permitted by law, Customer will defend, indemnify and hold harmless the Protected Parties from all claims, demands, investigations, proceedings, losses, liabilities, penalties, settlements, damages, costs and reasonable legal fees arising out of or relating to:

• Customer Data, QR destinations, labels, content, instructions, products, services or physical deployment;
• Customer's or any Authorised User's breach, misuse, negligence, unlawful act or violation of third-party rights;
• failure to obtain required authority, notices, permissions, consents or lawful bases, including for workers, scanners, GPS, images or personal data;
• disputes between Customer and its employees, users, customers, suppliers, scanners, acceptors or other third parties;
• injury, property damage, regulatory breach, product claim, operational loss or safety event connected with Customer's reliance on or physical use of a QR route, label, action, alert or result;
• Customer's failure to maintain independent controls, accurate destinations, backups, inspection, compliance records or appropriate insurance.

We will provide reasonable notice of an indemnified claim. Customer may control the defence using competent counsel, but may not settle in a manner admitting fault by, imposing obligations on, or restricting a Protected Party without our written consent. We may participate at our expense or assume control where a conflict, urgent risk or material exposure exists.

15. Governing law and disputes

These Terms and any dispute are governed by the laws of the State of Wyoming, United States, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Mandatory non-excludable law may still apply where it cannot validly be displaced.

Before commencing formal proceedings, a party must give written notice describing the dispute and allow 30 days for good-faith senior-level discussions. If unresolved, any dispute, claim or controversy arising out of or relating to these Terms or the Services will be finally resolved by confidential, individual arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The seat of arbitration is Sheridan County, Wyoming; the language is English; there will be one arbitrator; and hearings may be conducted remotely. Judgment on the award may be entered in any court with jurisdiction.

Claims must be brought only in an individual capacity. To the maximum extent permitted by law, neither party may bring or participate in a class, collective, consolidated, representative or private-attorney-general proceeding. The arbitrator may award any individual remedy available under applicable law and may allocate reasonable legal fees and costs where permitted.

Either party may seek temporary or injunctive relief in a court of competent jurisdiction to protect confidential information, intellectual property, accounts, systems, security or prevent imminent harm. If arbitration is held unenforceable for a particular dispute, the state and federal courts serving Sheridan County, Wyoming have exclusive jurisdiction, and each party waives trial by jury to the maximum extent permitted by law.

16. General terms and contact

Neither party is liable for delay or failure caused by events beyond reasonable control, including internet, telecommunications, cloud, utility, payment, supplier, labour, governmental, cyber, disaster, epidemic, conflict or force-majeure events. Customer may not assign or transfer these Terms without our written consent. We may assign them in connection with an affiliate, financing, reorganisation, merger, acquisition or sale of business or assets.

These Terms, incorporated policies and applicable signed instruments are the entire agreement concerning the Services. Failure to enforce a provision is not a waiver. If a provision is invalid, it will be modified to the minimum extent needed to make it enforceable, and the remainder continues. Headings are for convenience. "Including" means including without limitation. Electronic acceptance, notices and records satisfy writing requirements to the extent permitted by law. The parties are independent contractors; nothing creates a partnership, agency, fiduciary duty, employment relationship or exclusivity.

We may update these Terms prospectively. Material changes will be posted with a revised effective date and, where reasonably required, notified through the Services or account contact. Continued use after the effective date constitutes acceptance. If Customer does not agree, its remedy is to stop using and cancel the Services before the changes take effect.