These Terms of Service ("Terms") govern your access to and use of the Acemaker QR Log website and related services ("Service" or "Services") provided by Acemaker QR Log ("we", "our", or "us"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing the Service, or using any features of Acemaker QR Log, you agree to these Terms and our Privacy Policy. If you do not agree with any part of the Terms, you must stop using the Service immediately.
2. Eligibility
You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Description of Service
Acemaker QR Log is a plant information logging system that lets users create plant records, upload images, manage plant-related details, and generate or scan QR codes to quickly view and update plant information.
4. User Accounts
To use the Service, you must create an account through Clerk, our secure authentication provider. You agree to:
- Provide accurate and complete account information.
- Maintain the confidentiality of your login credentials.
- Be solely responsible for all activities performed under your account.
- Notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts that violate these Terms or compromise system security.
5. User Content
The Service allows you to upload and manage plant-related information, including images, descriptions, notes, and other data ("User Content"). You retain full ownership of all User Content you upload.
By using the Service, you grant Acemaker QR Log a limited, non-exclusive, royalty-free, worldwide license to store, process, and display your User Content solely for the purpose of operating the Service. We do not claim ownership of your content and will never use it for advertising or external purposes without your consent.
You represent and warrant that:
- You own or have the necessary rights to your User Content.
- Your User Content does not violate any laws or regulations.
- Your User Content does not infringe on any third-party rights.
- Your User Content does not contain harmful, fraudulent, or abusive material.
6. Prohibited Activities
You agree not to engage in the following activities:
- Attempting to breach or bypass security measures.
- Reverse-engineering, copying, or reselling the Service.
- Uploading malware, viruses, or harmful code.
- Using the Service for illegal or unauthorized activities.
- Misusing QR codes to access or alter plant data without permission.
- Interfering with or disrupting the Service or servers.
- Impersonating another person or entity.
- Collecting user data without authorization.
7. Intellectual Property
All elements of the Service — including software, design, logos, interface, and branding — remain the exclusive property of Acemaker QR Log and are protected by copyright, trademark, and other applicable laws. These Terms grant you no rights to use our trademarks or branding without prior written consent.
8. Third-Party Services and Purchases
The Service itself does not directly sell physical products. If you purchase physical QR tags or related accessories through third-party platforms (e.g., Amazon), those purchases are governed by the respective seller's terms, conditions, and refund policies. We are not responsible for third-party products or services.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free.
- Any defects will be corrected.
- The Service will meet your specific requirements.
- Plant-related data or information is accurate or complete.
The Service does not provide professional horticultural, agricultural, or botanical advice. You acknowledge that plant health, growth, and outcomes are influenced by many factors outside our control.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACEMAKER QR LOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Acemaker QR Log and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your User Content.
- Your violation of these Terms.
- Your violation of any rights of a third party.
12. Service Modifications and Termination
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.
We may terminate or suspend your access to the Service immediately, without prior notice, if you violate these Terms or engage in harmful behavior.
Upon termination of your account:
- Your right to use the Service immediately ceases.
- You may request a copy of your data within 30 days of termination by contacting us.
- After 30 days, your data may be permanently deleted and cannot be recovered.
13. Dispute Resolution
Informal Resolution: Before filing any formal legal action, you agree to first contact us at support@acemaker.shop and attempt to resolve the dispute informally for at least 30 days.
Arbitration: If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by a mutually agreed arbitration service, rather than in court. The arbitration shall be conducted in English.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exceptions: Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Acemaker QR Log regarding the Service and supersede all prior agreements and understandings.
17. Changes to Terms
We may update or modify these Terms at any time. We will notify users of material changes by posting a notice on the Service or sending an email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.
18. Contact Us
For questions regarding these Terms, please contact us at:
- Email: support@acemaker.shop