These Terms of Use ("Terms") govern the use of QSenda and related websites, software and features (collectively, the "Service") provided by Mintier Inc. ("Mintier", "we", "us", or "our").
By using the Service, you agree to these Terms.
1. The Service
QSenda is a service for transferring files between supported devices using QR codes and other optical data-transfer technologies.
File transfers are performed between user devices and are not designed to transfer files through Mintier's servers.
2. User Environment
Users are responsible, at their own cost, for providing the devices, displays, cameras, browsers, operating systems and other equipment required to use the Service.
Operation and transfer performance may vary depending on device performance, camera performance, display quality, lighting, distance, file size, browser and other environmental factors.
3. Files
Users are solely responsible for files that they send, receive, display, save or otherwise handle through the Service.
Users must ensure that they have all necessary rights or permissions to send or receive files using the Service.
Mintier does not monitor, inspect or control the contents of files transferred through the Service.
4. Prohibited Conduct
- use the Service in violation of applicable law or public order;
- infringe copyrights, trademarks, privacy rights or other rights of any person;
- obtain, transmit or distribute another person's information or files without authorization;
- intentionally distribute malware or other harmful programs;
- interfere with the proper operation of the Service or another person's device, network or system;
- improperly bypass or interfere with security features of the Service;
- impersonate Mintier or another person;
- use the Service for an unlawful purpose; or
- engage in other conduct that Mintier reasonably determines materially interferes with operation of the Service.
5. Data and Backups
The Service is not intended to provide permanent file storage or backup. Users are responsible for keeping appropriate independent backups of important files.
Received files may be stored temporarily on a user's device or within the application environment before the user saves them to a permanent location. Temporary files may be removed by the operating system, device environment or application. Users are responsible for permanently saving any received file that they wish to retain.
Users should verify transferred files where appropriate even after the Service reports that a transfer has completed.
6. Transfer Integrity
QSenda may use technical verification mechanisms to check the integrity of transferred data.
However, Mintier does not guarantee that every transfer will succeed in every environment, that transfers will be uninterrupted, that a particular transfer speed will be achieved, or that the Service will work with every device or file type.
7. Intellectual Property
Intellectual property rights in the Service and in software, designs, names, logos, documentation and other content provided by Mintier belong to Mintier or their respective lawful owners.
These Terms do not grant users any rights beyond the limited right necessary to use the Service in accordance with these Terms.
The Service may include open-source software or other third-party components. Such components remain subject to their respective license terms.
8. Changes to the Service
Mintier may change all or part of the Service for product improvement, security, technical requirements or other reasons. Changes may include supported devices, file-size limits, transfer methods, features, interfaces and other specifications.
9. Suspension or Discontinuation
Mintier may temporarily suspend or discontinue all or part of the Service where reasonably necessary for maintenance, failures, security issues, legal requirements or other legitimate reasons.
10. Third-Party Services
The Service may contain links to or integrations with websites, applications or services provided by third parties.
Use of third-party services is governed by the applicable terms and privacy policies of those providers. Mintier does not guarantee the content, availability or security of third-party services.
11. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis.
To the extent permitted by applicable law, Mintier makes no warranty regarding completeness, accuracy, continuity, security, fitness for a particular purpose, transfer speed, compatibility with particular devices or other characteristics of the Service.
Nothing in these Terms limits rights that cannot legally be excluded or restricted under applicable law.
12. Limitation of Liability
To the extent permitted by applicable law, Mintier shall not be liable for damages arising from use or inability to use the Service, except where such liability cannot legally be excluded, including where damage results from Mintier's intentional misconduct or gross negligence.
To the extent permitted by applicable law, Mintier shall not be liable for loss of data, corrupted files, lost profits, loss of business opportunities, or other indirect or special damages.
13. User Responsibility for Violations
If a user's intentional or negligent violation of these Terms, unlawful use of the Service, or other misuse of the Service causes Mintier to incur losses, costs, claims, liabilities or other damage, the user shall be responsible for such damage to the extent permitted by applicable law.
14. Privacy
Information handled through the Service is subject to the separate QSenda Privacy Policy.
15. Changes to These Terms
Mintier may modify these Terms in response to changes in law, the Service or other circumstances.
Material changes may be announced through the QSenda website or another appropriate method. Continued use of the Service after a modification constitutes acceptance of the amended Terms, except where applicable law requires another procedure.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of Japan.
17. Jurisdiction
Except where otherwise required or permitted by applicable law, the Yokohama District Court shall have exclusive jurisdiction as the court of first instance over disputes arising out of or relating to the Service or these Terms.
18. Language
These Terms are provided in Japanese and English. If there is any inconsistency, discrepancy or conflict between the Japanese and English versions, the Japanese version shall prevail.