Terms of Service

Cloud Tags Terms of Service

Openscreen Inc (“Openscreen”) provides Cloud Tags Smart Digital Labels, Smart Luggage Tags and other related products (“Cloud Tags”) with a broad range of features and capabilities for individual end users’ (“End Users”, or “you”) personal use.  Cloud Tags allow End Users to store, update, share and retrieve information using QR Codes.   The use of these features and capabilities (the ‘Services’) provided by Cloud Tags are subject to use that adheres to these Terms of Service.

  1. Amendments to these Terms of Service

1.1. Amendments to these Terms of Service.

Openscreen may modify or adapt these Terms of Service at any time. Continued access and use of the Services by End Users after a modification or adaptation of these Terms of Service will be deemed as acceptance of these modified terms.

  1. Access to these Services

2.1. Provision of Services. Openscreen will make the Services available to End Users in accordance with these Terms of Service. Openscreen provides no warranty in relation to the Services.

2.2 Suspension of Services. Openscreen reserves the right, at its sole discretion, to suspend your access to the Services at any time if you are, or Openscreen reasonably believes that you are, in breach of these Terms of Service or are otherwise engaging in conduct that Openscreen considers in its sole discretion to be harmful to Openscreen, to End Users, or to any third party. If Openscreen suspends your access or use of the Services, Openscreen will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur in connection with any such suspension.

2.3. Changes to Services. Openscreen reserves the right to modify all or part of Services at any time.

  1. End User Responsibilities

3.1. Your Responsibilities. In accessing and using the Services, you, as an End User shall:

  1. (a) be responsible for all activities you conduct using or in connection with the Services;
  2. (b) comply with these Terms of Service, any acceptable use or other policies adopted by Openscreen and all applicable laws relating to your use of the Services.
  3. (c) ensure that the collection, use, storage, processing, disclosure or communication of any electronic data or information entered, submitted or communicated by you in using the Services, including any and all personal information, personal data or personally identifying information through any of the Services, is compliant with applicable law, including without limitation that all appropriate consents have been obtained and notices given to any individual concerned;
  4. (d) be solely responsible for all use of the Services, including the collection, use and disclosure of any data you store with the Services.
  5. (e) not resell to third parties, any Openscreen Services.
  6. (f) do your best to prevent harmful use of the Services and notify Openscreen promptly in the case of any harmful use at info@cloud-tags.com
  7. (g) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; and
  8. (h) comply with the representations and warranties you make in Section 7 (Representations and Warranties).

3.2. Unauthorized Use. Openscreen is not liable for any loss or damage arising from unauthorized use of your Services.

3.3. Privacy and Personal Information. Some Openscreen products require the collection and usage of Personal Information in order to provide Services.   Openscreen will only use Personal Information in conjunction with the Services and will not share or use Personal Information other than to provide the Services to you.   Should an End User wish to have their data removed or downloaded from the Openscreen platform, they may do so at any time by emailing info@cloud-tags.com with such requests.

  1. Excessive Use Policy

4.1. Cloud Tags are designed for personal use and not designed for any use that may generate excessive use of the Services (e.g.: marketing or ‘viral’ scanning schemes using Cloud Tags, or any use that generates 5 times normal or average usage of Services as measured across the enter Cloud Tags End User population “Excessive Use”).  Openscreen at its sole discretion may terminate your Services if it determines you are using Cloud Tags Services in a manner that is deemed “Excessive Use”.

  1. Intellectual Property

5.1. Openscreen Intellectual Property. All rights, title, and interest in and to the Services, are, and will be, owned solely and exclusively by Openscreen or its licensors, as applicable. Openscreen reserves all rights not expressly granted to you under these Terms of Service, and you will have no title, right, or interest in or to any Openscreen IP. To the extent that you suggest any modifications or improvements to the Openscreen IP, you hereby assign, and agrees to assign, to Openscreen any and all rights therein you have or may have in the future and to take all actions and execute all documents necessary to affect such assignment.

5.2. Feedback. You may provide input, comments or suggestions to Openscreen regarding aspects of the Services. You acknowledge and agree that Openscreen may use any Feedback without any obligation to you and you hereby grant Openscreen a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as Openscreen in its sole discretion may deem appropriate, without restriction obligation or consideration to you, for any and all commercial or non-commercial purposes.

  1. Security

6.1 Security. Openscreen has implemented security policies and practices that are designed to protect the security and integrity of the Services; however, Openscreen does not guarantee the security of the Services.

  1. Representations and Warranties

7.1. End User Data. You represent and warrant that you have obtained, and will continue to obtain, the necessary permissions and consents for the data you upload in using the Services.

7.2  Disclaimer. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENSCREEN DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, LEGAL OR COLLATERAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, ENJOYMENT, TITLE, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  1. Indemnification and Liability

8.1. Indemnification. You agree to indemnify, hold harmless, and defend the Openscreen Indemnified Parties from and against any and all liability, loss, claim, damages, expense, or costs (including legal fees), incurred by or made against the Openscreen Indemnified Parties in connection with any claim arising from or related to use of the Services.

  1. Term, Termination and Survival

9.1. Term. The term of these Terms of Service will begin on the date of your use of the Services and will continue so long as you use the Services.

10.. These Terms of Service shall be governed and construed in accordance with the laws of the Province of Ontario, without reference to conflict of laws principles, and the federal laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. The parties irrevocably submit to the exclusive jurisdiction of the courts of

  1. QR Code Trademark

11.1. QR Code is a registered trademark of DENSO WAVE INCORPORATED in the United States and other countries.