Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and the individual operator of MiriSmartGuard ("Operator", "we", "us"), a personal project based in Switzerland.

By accessing mirismartguard.com, scanning a QR code linked to the Service, registering an account, or purchasing any product or subscription, you unconditionally accept these Terms in their entirety. If you do not agree, you must immediately cease using the Service.

2. Nature of the Service

MiriSmartGuard is a QR code-based personal identification platform. It enables registered users ("Owners") to attach physical or digital QR codes to personal items (doors, luggage, keys, wallets). When a third party ("Visitor") scans the code, a public profile page is displayed, allowing the Visitor to initiate contact with the Owner via WhatsApp or Telegram.

The Service is a communication facilitation tool only. The Operator does not act as an intermediary, does not transmit messages between parties, and bears no responsibility for what occurs after contact is established.

3. Eligibility

You must be at least 16 years of age to use this Service. By creating an account or submitting personal data, you represent and warrant that you meet this requirement. If you are under 16, you must not use the Service.

4. Account Registration

4.1 Registration is only possible through one of the following paths:

• Scanning a physical QR code (serial number required)
• Completing a digital purchase that generates an activation token

4.2 Direct registration without a valid serial number or payment token is explicitly prohibited.

4.3 You are solely responsible for maintaining the confidentiality of your login credentials. Any activity that occurs under your account is your sole responsibility.

4.4 You agree to provide accurate, complete, and current information at registration and to update it promptly if it changes.

5. QR Codes — Ownership and Responsibility

5.1 Physical QR codes remain the intellectual and physical property of the Operator until activated by a registered user. Upon activation, the registered user assumes full responsibility for the use and display of that code.

5.2 Digital QR codes are licensed — not sold — to the user upon purchase. This license is personal, non-transferable (except via the in-platform transfer feature), and revocable.

5.3 QR code ownership may be transferred to another user via the in-platform transfer mechanism. The initiating owner accepts that this action is irreversible once accepted by the recipient.

5.4 The Owner is solely responsible for where and how QR codes are placed. The Operator bears no liability for physical placement of codes in public or private spaces.

5.5 The Operator reserves the right to deactivate any QR code at any time if it is found to be used in violation of these Terms.

6. Visitor Interactions

6.1 Visitors who scan a QR code are presented with a public profile page. The Owner's phone number is never displayed on this page. The Operator uses server-side redirection for WhatsApp and Telegram buttons; the phone number is not transmitted to the Visitor's browser.

6.2 Visitors may voluntarily submit their name and phone number through the contact form. By doing so, Visitors consent to storage of their name and encrypted phone number on the platform, the Owner receiving a notification of the scan, and the Owner potentially contacting them via WhatsApp or Telegram.

6.3 Visitors are not required to submit any information to view the public profile page.

6.4 The Operator does not verify the identity of Visitors. Any abuse, false identity submission, or misuse of the contact mechanism is the sole responsibility of the Visitor.

7. Prohibited Conduct

The following are strictly prohibited and may result in immediate account suspension, permanent ban, and/or referral to law enforcement:

• Registering false or impersonated identities
• Using the Service to stalk, harass, intimidate, or harm any individual
• Repeatedly scanning a QR code with the intent to harass the Owner
• Attempting to extract, reverse-engineer, or expose encrypted phone numbers
• Scraping, crawling, or automated scanning of the Service
• Using the Service for any fraudulent, deceptive, or illegal purpose
• Attempting to bypass rate limiting, security mechanisms, or access controls
• Impersonating the Operator or any other user

Automated detection mechanisms are in place. Suspicious scan behavior triggers graduated blocking: 1 hour, 24 hours, 1 week, or permanent, depending on recurrence. The Operator reserves sole discretion in applying these measures.

8. Reporting and Moderation

8.1 Visitors may report a profile if they believe it is being used abusively.

8.2 Owners may report individual scan events they believe constitute harassment.

8.3 Reports are reviewed by the Operator only. The Operator reserves full discretion to take no action, suspend or permanently ban the reported account, or refer the matter to relevant authorities.

8.4 The Service does not auto-suspend or auto-ban accounts based solely on the number of reports received. All moderation decisions are made manually by the Operator.

8.5 Filing a false or malicious report is a violation of these Terms.

9. Subscription, Pricing and Payments

9.1 The Service is available under a Free tier and a Premium annual subscription at 12 CHF per year.

9.2 Subscriptions renew automatically after one year unless cancelled before the renewal date.

9.3 Payments are processed exclusively through third-party providers (Stripe, PayPal, Coinbase Commerce). The Operator does not store payment card data.

9.4 No refunds are issued for partial billing periods or unused subscription time, except where required by mandatory applicable law.

9.5 In the event of non-payment or payment failure, Premium features are immediately suspended.

9.6 Prices may change with at least 30 days' notice. Continued use after the effective date of a price change constitutes acceptance.

10. Intellectual Property

10.1 All content, code, branding, design, and materials on the Service are the exclusive property of the Operator and are protected under applicable intellectual property law.

10.2 You may not reproduce, distribute, modify, or create derivative works from any part of the Service without prior written consent.

10.3 The User retains ownership of personal data submitted to the Service but grants the Operator a limited, non-exclusive license to process and display that data for the purpose of operating the Service.

11. Disclaimer of Warranties

To the maximum extent permitted by Swiss law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose, uninterrupted or error-free availability, or accuracy of any information displayed.

The Operator makes no guarantee that a QR code scan will result in successful contact, that notifications will be delivered, or that any third-party service will function as expected.

12. Limitation of Liability

To the maximum extent permitted by Swiss law (including Art. 100 CO), the Operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, loss of data or profits, any harm arising from a Visitor's use of contact information, any physical harm or criminal acts committed by any user or visitor, temporary or permanent unavailability of the Service, or failures of third-party integrations.

The Operator's total aggregate liability shall not exceed the amount paid by the User in the 3 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Operator from and against any claims, damages, losses, costs, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, your violation of any third party's rights, or any content you submit to the Service.

14. Account Deletion and Termination

14.1 You may delete your account at any time from the dashboard. Upon deletion, all personal data is permanently erased within 30 days.

14.2 The Operator may suspend or permanently terminate any account at any time, with or without notice, for violation of these Terms or for any other reason at the Operator's sole discretion.

14.3 Upon termination, your right to use the Service immediately ceases. No refund is due for any remaining subscription period.

15. Modifications

The Operator may modify, suspend, or discontinue any part of the Service at any time without liability. These Terms may be updated at any time. Your continued use of the Service after the effective date constitutes acceptance.

16. Third-Party Services

17. Governing Law and Jurisdiction

These Terms are governed exclusively by the laws of Switzerland. Any dispute shall be subject to the exclusive jurisdiction of the competent courts of Switzerland. If any provision is found invalid, the remaining provisions continue in full force.

18. Contact

For any legal notices or inquiries:

Ahmed Badiah — Individual operator, MiriSmartGuard, Switzerland

privacy@mirismartguard.com