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QR Waiver Software as a Service Agreement
(Terms of Use)

Terms of Use

Effective Date: 4/1/2026 

Company: QR Waiver, Inc. (“QR Waiver”, “we”, “us”, or “our”) 

  1. Acceptance of Terms 

By accessing or using QR Waiver’s platform, software, or services (the “Service”), you agree to be bound by this Agreement. If you do not agree, you may not use the Service. 

  1. Description of Service 

QR Waiver provides a subscription-based platform that enables businesses to collect digital waivers, payments & tips, manage customer data, facilitate communications (SMS/email), and run marketing and engagement campaigns. 

  1. License Grant 

QR Waiver grants you a limited, revocable, non-exclusive, non-transferable, license to use the Service for internal business purposes. 

  1. Accounts & Users 

You are responsible for: 

  • All activity under your account 
  • Maintaining security of login credentials 
  • Ensuring your users comply with this Agreement 
  1. Subscription, Billing & Payments 
  • Subscriptions are billed monthly or annually 
  • Plans auto-renew unless canceled 
  • Fees are non-refundable unless stated otherwise 
  • Use Limitations. Your Account includes usage limits based on your selected plan, including waivers, storage, and messaging, as described on the Site. Unused allocations do not roll over. You can view your usage at any time in your Account. QR Waiver may modify these limits, with any reductions taking effect in the next Subscription Period 
  • We may change pricing with notice 
  • We may suspend service for non-payment 
  1. Acceptable Use 

You agree not to: 

  • Use the Service unlawfully 
  • Upload false or harmful data 
  • Reverse engineer or copy the platform
  • Resell or misuse the Service 
  1. Customer Data & Responsibilities 

You retain ownership of all Customer Data. QR Waiver acts only as a service provider / data processor. 

You are solely responsible for: 

  • Data accuracy and legality 
  • Obtaining proper consent from users 
  • Compliance with applicable laws, including: 
  • Privacy laws 
  • Marketing laws (including the Telephone Consumer Protection Act and CAN-SPAM Act) 
  • Electronic signature laws (ESIGN, UETA) 
  • Waiver enforceability 
  • Payments and banking laws 

Customer Sign-In Data Sharing. 

You acknowledge and agree that QR Waiver may collect, use, and share customer sign-in and waiver-related data (including names, contact information, timestamps, and activity data) as necessary to provide the Service, facilitate customer interactions, and enable features such as confirmations, communications, analytics, and integrations. Such data may be shared with your authorized users, integrated third-party service providers (e.g., email, SMS, payment processors), and as otherwise required to operate and improve the Service. QR Waiver may also use aggregated and anonymized sign-in data for analytics, reporting, and product improvement purposes. QR Waiver will not sell personal data and will process such information in accordance with this Agreement and the Privacy Policy. 

  1. No Legal Advice or Guarantee 

QR Waiver does not provide legal advice and does not guarantee the enforceability of any waiver. 

  1. Data Processing & Retention 

Your Data is stored while your account is active. After termination, data may be deleted after 30 days. You are responsible for exporting your data. 

Data Security & Breach Disclaimer 

QR Waiver implements reasonable administrative, technical, and organizational safeguards designed to protect Customer Data and personal information. However, you acknowledge that no system, network, or method of transmission over the internet is completely secure, and QR Waiver cannot guarantee absolute security. To the fullest extent permitted by law, QR Waiver shall not be liable for any unauthorized access to, alteration of, disclosure of, or loss of data resulting from events beyond its

reasonable control, including but not limited to cyberattacks, hacking, data breaches, system failures, or third-party service provider vulnerabilities. You are responsible for maintaining appropriate security measures on your own systems and for safeguarding access credentials to your account. 

In the event of a data security incident affecting Customer Data, QR Waiver will use commercially reasonable efforts to investigate and, where required by applicable law, notify affected parties. You acknowledge that you are solely responsible for complying with any legal obligations related to data breach notifications to your customers or end users. 

  1. Aggregated Data 

We may use anonymized, aggregated data to improve and market the Service. 

  1. Third-Party Services 

The Service may integrate with or rely on third-party services, platforms, and providers, including but not limited to payment processors, SMS and email delivery providers, cloud hosting services, and analytics tools (“Third-Party Services”). 

You acknowledge and agree that: 

  • Your use of any Third-Party Services is subject to the terms, conditions, and privacy policies of those third parties 
  • QR Waiver does not own, control, or operate any Third-Party Services ● QR Waiver is not responsible for the performance, availability, security, or reliability of any Third-Party Services 

QR Waiver shall not be liable for: 

  • Any errors, delays, outages, or failures caused by Third-Party Services ● Any fees, charges, or costs imposed by Third-Party Services 
  • Any loss, corruption, or unauthorized access to data handled by Third-Party Services 
  • Any transactions, payments, or communications processed through Third-Party Services 

You are solely responsible for: 

  • Establishing and maintaining any required accounts with Third-Party Services ● Ensuring compliance with applicable third-party terms and applicable laws ● Resolving any disputes directly with the applicable third-party provider 

QR Waiver may modify, replace, or discontinue integrations with Third-Party Services at any time without notice or liability.

  1. Payments, Tips & Stripe Connect 

QR Waiver may enable features that allow end users to submit gratuities (“Tips”) and reviews to businesses and their employees (e.g., tour guides, staff) through QR-based or digital interfaces (the “Tip Feature”). QR Waiver does not process or hold funds directly. 

12.1. Payment Processing (Stripe Connect) 

All payments made through the Tip Feature are processed by a third-party payment processor, including but not limited to Stripe via its Connect platform (“Payment Processor”). 

By using the Tip Feature, you agree: 

  • You are solely responsible for creating and maintaining your Payment Processor account 
  • You are bound by the Payment Processor’s terms and policies 
  • QR Waiver is not a party to any payment transaction 

12.2. Flow of Funds 

You acknowledge and agree that: 

  • All Tip payments are made by end users to your business 
  • Funds are received and held by your Payment Processor account ● QR Waiver does not control, access, or distribute funds 

12.3. Business Responsibility for Tip Distribution 

You are solely responsible for: 

  • Distributing Tips to employees, contractors, or service providers ● Ensuring accurate allocation of Tips 
  • Handling disputes, refunds, or chargebacks 
  • Complying with all applicable wage, tax, and labor laws 
  • QR Waiver has no responsibility or liability for Tip distribution. 

12.4. Fees & Charges 

QR Waiver may charge platform fees related to the Tip Feature. 

All payment processing fees are charged by the Payment Processor and are your responsibility. 

12.5. Taxes & Compliance 

You are solely responsible for: 

  • Reporting and paying any applicable taxes related to Tips 
  • Classifying workers correctly (employee vs contractor) 
  • Compliance with all applicable laws and regulations 

12.6. No Money Transmission 

QR Waiver is a technology provider only and is not:

  • A bank 
  • A payment processor 
  • A money transmitter 
  • A custodian of funds 

12.7. Disputes & Chargebacks 

All disputes related to Tip payments, including chargebacks, refunds, or errors, are handled solely between: You. The end user. The Payment Processor. QR Waiver has no responsibility for payment disputes. 

12.8. Reviews & User Content 

The Tip Feature may allow end users to submit reviews or feedback. You acknowledge: 

  • QR Waiver does not control or verify reviews 
  • You are responsible for how reviews are used or displayed 

12.9. Limitation of Liability (Tips) 

To the fullest extent permitted by law, QR Waiver is not liable for: 

  • Payment failures or delays 
  • Incorrect Tip amounts 
  • Distribution errors 
  • Tax obligations 
  • Employee compensation disputes 

12.10 Indemnification – Tip Payments 

Without limiting your obligations under this Agreement, you agree to defend, indemnify, and hold harmless QR Waiver, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: ● Any Tip payments made through the Service 

  • The distribution (or failure to distribute) Tips to employees, contractors, or service providers 
  • Any disputes between you and your employees, contractors, or end users regarding Tips 
  • Any chargebacks, refunds, payment errors, or unauthorized transactions ● Your use of any third-party payment processor, including Stripe Connect ● Your failure to comply with applicable laws, including wage, labor, tax, and payment regulations 
  • The classification of workers (including employee vs. independent contractor) ● Any taxes, reporting obligations, or withholding requirements related to Tips 

QR Waiver shall have no responsibility or liability for Tip payments, and this indemnification obligation shall survive termination of this Agreement.

  1. Intellectual Property 

QR Waiver retains all rights, title, and interest in and to the Service, including all software, technology, content, features, functionality, and related intellectual property rights. 

You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with this Agreement. You may not copy, modify, distribute, or create derivative works of the Service without prior written consent. 

Feedback, Suggestions & Custom Work 

If you provide QR Waiver with any suggestions, ideas, feedback, enhancement requests, or recommendations regarding the Service (“Feedback”), you agree that QR Waiver shall have the unrestricted right to use, modify, incorporate, and commercialize such Feedback without any obligation, compensation, or attribution to you. Additionally, any custom features, modifications, configurations, integrations, or other work developed by or on behalf of QR Waiver in connection with your use of the Service (“Custom Work”), whether requested by you or developed collaboratively, shall be exclusively owned by QR Waiver, including all intellectual property rights therein. To the extent any rights in such Custom Work may vest in you, you hereby irrevocably assign all such rights to QR Waiver. 

Nothing in this Agreement grants you any ownership rights in the Service or any related intellectual property. 

  1. Confidentiality 

Each party (“Receiving Party”) agrees to protect and keep confidential any non-public, proprietary, or confidential information disclosed by the other party (“Disclosing Party”) in connection with the Service (“Confidential Information”). 

Definition. 

Confidential Information includes, but is not limited to: 

  • Business plans, financial information, and pricing 
  • Product features, software, and technical data 
  • Customer Data and personal information 
  • Any information that is designated as confidential or that reasonably should be understood to be confidential 

Confidential Information does not include information that: 

  • Is or becomes publicly available through no fault of the Receiving Party ● Was lawfully known prior to disclosure 
  • Is independently developed without use of the Confidential Information ● Is received from a third party without restriction 

Obligations. 

The Receiving Party agrees to:

  • Use Confidential Information solely to perform obligations under this Agreement ● Protect such information using reasonable safeguards (no less than the care used for its own confidential information) 
  • Not disclose Confidential Information to any third party except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations 

Required Disclosure. 

The Receiving Party may disclose Confidential information if required by law or legal process, provided that (where legally permitted) it gives prompt notice to the Disclosing Party and cooperates in seeking protective treatment. 

Customer Data. 

QR Waiver will treat Customer Data as Confidential Information and will only access or use it as necessary to provide the Service or as otherwise permitted under this Agreement and applicable law. 

Survival. 

These confidentiality obligations shall survive the termination of this Agreement for a period of three (3) years, except with respect to trade secrets and personal data, which shall be protected for as long as required under applicable law. 

  1. Termination 

QR Waiver may suspend or terminate your access to the Service for reasons including breach, non-payment, misuse, or if we discontinue or wind down the Service or our business. We reserve the right to make such determinations at our discretion. 

  1. Disclaimer of Warranties 

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. No advice or information, whether oral or written, obtained from QR Waiver shall create any warranty not expressly stated in this Agreement. 

To the fullest extent permitted by law, QR Waiver expressly disclaims all warranties, including but not limited to: 

  • Any implied warranties of merchantability, fitness for a particular purpose, and non-infringement 
  • Any warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components 
  • Any warranties regarding the accuracy, reliability, or completeness of any data, content, or results obtained through the Service 

QR Waiver makes no representation or warranty that: 

  • The Service will meet your specific requirements or expectations
  • Any data, including Customer Data or waiver records, will be free from loss, corruption, or unauthorized access 
  • Any waiver, signature, or agreement created or executed using the Service will be legally valid or enforceable in any jurisdiction 

You acknowledge that your use of the Service is at your sole risk, and that you are solely responsible for ensuring that your use of the Service complies with applicable laws and meets your business needs. 

  1. Limitation of Liability 

To the fullest extent permitted by applicable law: 

No Indirect or Consequential Damages. 

In no event shall QR Waiver, Inc., its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or related to your use of, or inability to use, the Service, even if QR Waiver has been advised of the possibility of such damages. 

Liability Cap. 

In no event shall QR Waiver’s total aggregate liability arising out of or related to this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, exceed the total amount of fees paid by you to QR Waiver in the twelve (12) months immediately preceding the event giving rise to the claim. 

Scope of Limitation. 

These limitations apply to all claims, including but not limited to those arising from: ● Your use or misuse of the Service 

  • Customer Data or waiver content 
  • Tip payments, payment processing, or third-party services 
  • Service interruptions, errors, or outages 

Allocation of Risk. 

You acknowledge that the fees charged for the Service reflect this allocation of risk and that QR Waiver would not provide the Service without these limitations. 

  1. Indemnification 

You agree to defend, indemnify, and hold harmless QR Waiver, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: 

  • Customer Data, including its accuracy, legality, or use 
  • Waiver content, including its enforceability and compliance with applicable laws
  • Your use of the Service, including any misuse or unauthorized use ● Violations of applicable laws or regulations, including but not limited to privacy laws, marketing laws (including the Telephone Consumer Protection Act and CAN-SPAM Act), labor laws, and tax obligations 
  • Failure to obtain proper consent from end users for data collection, communications, or waiver execution 
  • Tip payments and related activities, including distribution of funds, employee or contractor compensation, disputes, chargebacks, refunds, and tax reporting ● Your use of third-party services, including payment processors such as Stripe Connect 
  • Any dispute between you and your customers, employees, contractors, or third parties 

QR Waiver reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with such defense. 

This indemnification applies regardless of whether such claims arise from your negligence, error, omission, or failure to comply with applicable laws. 

This indemnification obligation shall survive the termination or expiration of this Agreement. 

  1. Force Majeure 

We are not liable for outages beyond our control. 

  1. Dispute Resolution 

Disputes resolved by binding arbitration in Florida. Class actions and jury trials waived. 

  1. Governing Law 

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Miami, Miami-Dade, Florida, except for injunctive relief which may be sought in any court of competent jurisdiction. 

  1. Changes 

By continuing to use the Service you are accepting any future updates to the Software as a Service Agreement. 

  1. Contact 

You may contact us via email: hello@qr-waiver.com