NFOSAFE Verification Solution
This Terms and Agreement ("Agreement") is effective on the date it is accepted (the "Effective Date") by and between NfoSmart Inc., a Georgia corporation ("Provider"), and the entity accepting this Agreement ("Customer").
Whereas the Provider and Customer has a mutual interest to make QR codes safer. The Provider offers the NFO IQ Scanner and the NFOSAFE Verification Solution to help protect users from risky and fraudulent websites. The Customer wishes to have his or her website scored, and the scoring data maintained by the Provider’s verification platform; so that when users scan a QR code encoded with the Customer’s website using the NFO IQ scanner, a shield will be displayed to signify the safety level of the Customer’s website based on NFOSAFE Verification's risk score.
By completing and submitting the NFOSAFE Verification Solution Application ("Application"), the Customer acknowledges and agrees to comply with and be bound by the Agreement. If an entity does not agree with the Agreement, the entity may not submit the Application nor use the NFOSAFE Verification Solution ("Services").
Scope of Services
The Provider agrees to deliver Services to the Customer, which include but are not limited to:
Customer Responsibilities
The Customer agrees to:
Cost of Services
The Customer agrees to pay the annual fee of $175. The Cost of Services covers one entity and one of the entity's websites. If the website exceeds 10,000 scans in any given year, an additional fee of $0.01 per scan will be incurred and billed to the Customer within that year. The Customer agrees to pay, upfront and annually for the Cost of Services and to pay any additional scanning fees when due.
Scoring (Standardized Methodology)
The Provider applies a standardized methodology for reviewing, evaluating and scoring data to ensure fairness and consistency in the business verification process. Scores are based upon a combination of:
Websites Scoring Status (Verified, Partially Verified, Not Verified)
Standardized Verification Process – Provides a Simple Method to Alert Users
The Standardized Verification Process provides users with the simplicity of red, yellow, and green color to help protect users. This process alerts and inform users of what the Provider knows about the website when using the NFO IQ app to scan a QR code encoded with a website. No system can guarantee absolute safety.
The websites that cannot be verified by the Provider are signified with a red shield, which implies that the user should stop and verify before proceeding.
The websites that are verified by the Provider are signified with a green shield, which implies there were no significant concerns identified based on the available data.
The Provider’s goal is to reduce the presence of red shields as much as possible, and as soon as possible. This process begins once a business submits the Application for Services.
Blocking Website
The Provider may block a website, in cases where data provided by a reputable third-party source or determined via the Provider’s system-generated data indicates a significant concern that a website may be a potential risk for fraudulent activities.
No Refund Policy
All payments are non-refundable. Our goal is to deliver an objective review and score for each legal entity. Getting NFOSAFE verified is achievable. Some businesses may require more time. The Provider offers support to help creditable and trustworthy businesses to become NFOSAFE verified. However, we cannot guarantee that a business will achieve a NFOSAFE verified or partially verified status.
Term and Termination
This Agreement will, upon acceptance and payment will remain in effect for an initial term of one year and will automatically renew unless the Customer fail to make payment when due. In the event of termination, the Customer’s website would be removed from the Provider’s database. As a result, when users scan a QR code encoded with a domain name that is not within the Provider’s database, the NFO IQ Scanner will display the scanned URL with a red shield.
Confidentiality
Both parties agree to maintain the confidentiality of all non-public information disclosed under this Agreement. Neither party shall disclose the other party's confidential information to any third party without prior written consent.
Intellectual Property
All intellectual property rights, including trademarks, service marks, patents, and copyrights related to the Services, remain the sole property of the Provider. Customer may not copy, modify, or distribute any part of the Services without prior written consent from Provider.
Limitation of Use
The verification status, score, or any other rating methods or symbols (color shields) provided by the Provider as part of the Services are for the Provider’s exclusive use in delivering the Services outlined in this Agreement. The Customer, or any other entity, is not authorized to use, reproduce, distribute, or reference these ratings or symbols in any manner outside the scope of this Agreement without the Provider’s prior written consent.
Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Provider, its affiliates, third party data providers, independent agencies, and its employees from and against any claims, liabilities, or damages resulting from:
Limitation of Liability
To the maximum extent permitted by law, Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Producer’s aggregate liability for all claims related to the Services exceed the amount paid by the Customer for the Services in the twelve (12) months preceding the claim.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to its conflict of law principles.
Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, or understandings, whether written or oral.
Acknowledgment and Acceptance
By submitting the Application, the Customer acknowledges they have read, understood, and agree to be bound by this Agreement. The individual submitting the Application represents that they have the authority to bind the Customer to this Agreement.
Changes to Terms
The Provider reserves the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. In the event of a material change, the Last updated date will be provided.
Contact Us
If we can assist you, please contact us at support@nfosafe.com. When contacting us, please provide your company’s name, contact person, the best number to reach you, and a description of your request so we can respond promptly.
Last updated: 2-3-2025
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