NSQR Terms of Service

These Terms of Service ("Terms") govern your access to and use of the software-as-a-service product NSQR ("Service"), provided by Neurasense (Private) Limited ("Neurasense," "we," "us," or "our"), a company incorporated in the Democratic Socialist Republic of Sri Lanka, accessible at https://nsqr.neurasense.io ("Site").

Neurasense (Private) Limited Company registration number: PV 00286247 Incorporated in the Democratic Socialist Republic of Sri Lanka under the Companies Act No. 7 of 2007 Email: payments.nsqr@neurasense.io

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

These Terms incorporate our Privacy Policy and Refund Policy.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to both you and that organisation.

2. Description of Service

NSQR is a software-as-a-service platform for creating dynamic QR codes whose destination remains editable after the code has been printed or distributed, together with analytics on scans of those codes.

Features, functionality, and availability may change from time to time. Where a change materially reduces core functionality you rely on, we will give at least 30 days' notice by email; other changes may be made with or without notice. We do not commit to a specific uptime level under these Terms.

3. Accounts

You must provide accurate, current, and complete information when creating an account and keep it up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
You must notify us promptly at payments.nsqr@neurasense.io if you become aware of any unauthorised use of your account or any other breach of security.

4. Subscriptions, Billing, and Payment

Access to certain features requires payment of subscription fees as described on the Site at the time of purchase.
All fees are stated in Sri Lankan Rupees (LKR) and are exclusive of applicable taxes unless stated otherwise. Where your payment method is denominated in another currency, your bank or card issuer sets the conversion rate and may add its own charges, for which we are not responsible.
Payments are processed by a third-party payment provider, which is identified at checkout and on your invoice. Some providers act only as a payment gateway, in which case Neurasense is the seller of record for your subscription. Others act as merchant of record, in which case that provider is the legal seller, its terms of sale apply to the transaction alongside these Terms, and it is the name that appears on your card statement. Where a merchant of record is used, its terms prevail over these Terms to the extent of any conflict on payment, tax, or refund processing.
By subscribing, you authorise recurring charges to your chosen payment method at the then-current rate, at the start of each billing period, until you cancel.
Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
Price changes. We may change subscription prices. Any change takes effect at your next renewal, and we will give at least 30 days' notice by email before it applies to you. If you do not accept the new price, you may cancel before the renewal date.
Non-payment. If a payment fails or is reversed, we may suspend access to the Service after giving you notice and a reasonable opportunity to correct the payment method. Suspension for non-payment does not relieve you of fees already due.
For refund eligibility, see our Refund Policy.

5. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
Attempt to gain unauthorised access to the Service, other accounts, or related systems or networks;
Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
Interfere with or disrupt the integrity or performance of the Service, including by automated scanning designed to inflate analytics;
Use the Service to transmit or make available harmful, infringing, defamatory, or unlawful content;
Resell, sublicense, or provide access to the Service to third parties without our prior written consent.

5.1 QR Code Destinations

Because NSQR codes remain editable after they are printed and distributed, they carry a specific risk of misuse. You additionally agree not to point any QR code created through the Service at a destination that:

Impersonates any person, business, payment provider, government body, or brand you are not authorised to represent;
Harvests credentials, payment details, or personal information under false pretences, including any page imitating a login, payment, parking, delivery, or verification flow of another organisation;
Distributes malware, spyware, or any code intended to damage or gain unauthorised access to a device;
Contains child sexual abuse material, content promoting terrorism or violent extremism, or any other content unlawful in Sri Lanka or in the jurisdiction where the code is distributed;
Materially misrepresents what the code leads to relative to the printed or surrounding context in which it is displayed.

Changing a code's destination to any of the above after distribution is a serious breach of these Terms, whether or not the original destination was permitted.

5.2 Enforcement Against Individual Codes

We reserve the right, at our sole discretion and without prior notice, to disable, redirect, or delete any individual QR code we reasonably believe violates Section 5.1, and to preserve and disclose related records to law enforcement where required or where we believe in good faith that disclosure is necessary to prevent harm.

Whether an incident results in a single code being disabled or your entire account being terminated is decided by us on a case-by-case basis, taking into account severity, whether the code was compromised rather than misused deliberately, and your history on the Service. In either case, no refund or credit is due for any period affected. Disabling a code under this Section is an enforcement action, not a failure or unavailability of the Service, and does not give rise to a refund claim under our Refund Policy.

If you become aware that one of your codes has been compromised, notify us immediately at payments.nsqr@neurasense.io.

6. Intellectual Property and Customer Data

The Service, including all software, design, text, graphics, and other content excluding content you upload, is owned by Neurasense (Private) Limited or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, and no ownership rights in it.

You retain all ownership of data and content you submit to the Service ("Customer Data"). You grant us a limited, worldwide, non-exclusive licence to host, store, transmit, display, and process Customer Data solely to the extent necessary to provide the Service to you and to comply with law.

We do not use Customer Data or scan analytics to train machine learning models, and we do not use them to build datasets, benchmarks, aggregate reports, or products offered to anyone other than you. This licence ends when the relevant Customer Data is deleted, subject to the retention periods in our Privacy Policy.

You represent that you have all rights necessary to submit your Customer Data and to have it processed as described in these Terms.

7. Data Protection

Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.

7.1 Roles

For account information, Neurasense is the data controller.

For scan data — the records generated when a member of the public scans one of your QR codes, comprising timestamp, IP address, IP-derived city and country, and device characteristics — you are the data controller and Neurasense is your data processor. We process scan data only on your documented instructions, which these Terms and your configuration of the Service constitute.

7.2 Your Obligations as Controller

Where you are the controller, you are responsible for ensuring that:

You have a lawful basis under applicable data protection law for the collection of scan analytics;
Your own privacy notice discloses that scanning your QR codes generates analytics records including IP address, approximate location, and device information, and identifies you as the party responsible;
Where consent is the basis you rely on, you have obtained it validly;
You respond to data subject requests concerning scan data, with our reasonable assistance.

You will indemnify us against claims arising from your failure to meet these obligations, in accordance with Section 13.

7.3 Our Obligations as Processor

As processor, we will: process scan data only on your instructions; ensure personnel with access are bound by confidentiality; implement appropriate technical and organisational security measures; engage sub-processors only under equivalent written obligations; assist you, at your cost where the effort is substantial, with data subject requests and impact assessments; notify you without undue delay on becoming aware of a personal data breach affecting scan data; and delete scan data in accordance with the retention periods in our Privacy Policy or on your instruction.

Where the EU or UK GDPR applies to your use of the Service, this Section 7 constitutes the data processing agreement between us. A standalone DPA incorporating the European Commission's Standard Contractual Clauses is available on request from payments.nsqr@neurasense.io.

8. Third-Party Services and Destinations

The Service may integrate with or rely on third-party services, including payment processors and infrastructure providers. We are not responsible for the availability, accuracy, or practices of third-party services, and your use of them may be subject to separate terms.

We do not control, endorse, or vet the destinations your QR codes resolve to. Responsibility for those destinations rests with the account holder who configured them.

9. Termination

By you. You may cancel your subscription at any time through your account settings or by contacting payments.nsqr@neurasense.io. Cancellation takes effect at the end of your current billing period; you retain access until then.
By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, engage in fraudulent or unlawful activity, fail to pay fees when due, or where required by law or by our payment or infrastructure providers.
Effect on your QR codes. On termination or cancellation, QR codes created through the Service stop resolving. Any physical or distributed code you have printed will cease to function. Plan for this before you cancel.
Data export and deletion. For 30 days after termination we will retain your Customer Data so that you can export it on request. After that period it is deleted in accordance with our Privacy Policy. We may delete data sooner where you request it, or immediately where termination follows a violation of Section 5.1.
Survival. Sections that by their nature should survive termination will do so, including Sections 6, 7, 10, 11, 12, 13, 14, and 16.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure, or that QR codes will resolve without interruption.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited, including the statutory rights of consumers.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Neurasense (Private) Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the Service, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim, or (b) LKR 30,000.

These limitations do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot be excluded or limited under applicable law. If you are a consumer, these limitations apply only to the extent permitted by the consumer protection law of your country of residence.

12. Consumer Rights

If you are a consumer resident in the European Union or United Kingdom, you have a statutory right to withdraw from a distance contract within 14 days without giving a reason. We honour this right, and we extend an equivalent 14-day money-back guarantee to all customers regardless of location — see our Refund Policy.

Nothing in these Terms affects your mandatory statutory rights as a consumer, and where these Terms conflict with those rights, your statutory rights prevail.

13. Indemnification

You agree to indemnify and hold harmless Neurasense (Private) Limited, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising out of: your use of the Service; your Customer Data or the destinations you configure; your violation of these Terms, particularly Section 5.1; or your failure to meet your obligations as data controller under Section 7.2.

This Section does not apply to the extent a claim arises from our own breach of these Terms or our negligence, and does not apply to consumers where prohibited by applicable law.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka, without regard to its conflict of law principles. Disputes arising out of or relating to these Terms or the Service are subject to the exclusive jurisdiction of the courts of Sri Lanka.

If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country where applicable law gives you that right.

Before commencing proceedings, we ask that you contact us at payments.nsqr@neurasense.io so we can attempt to resolve the matter directly.

15. Changes to These Terms

We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email to the address on your account or by prominent notice in the Service, and the change takes effect at the end of that period. Continued use after that constitutes acceptance. If you do not accept a material change, you may cancel before it takes effect.

16. General

Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Neurasense regarding the Service and supersede any prior agreements or understandings on the subject.
Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force.
Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.
Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemic, labour disputes, power or telecommunications failure, or acts of government. This does not excuse any obligation to pay fees already due.
Notices. We give notice by email to the address on your account or by posting in the Service. You give notice to us at payments.nsqr@neurasense.io. Notices are deemed received on the next business day after sending.
No third-party beneficiaries. These Terms confer no rights on any person other than you and Neurasense.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17. Contact Us

Questions about these Terms: