Terms of Service
Updated: December 2024
Welcome to The Origin! These Terms of Service (“Terms”) apply to Your access and use of Site, QR code and Services (as defined below). These Terms constitute a legally binding agreement entered into between Login Establishment, a limited liability company, organized and registered under the laws of Liechtenstein, having its registered office at Kirchstrasse 1, 9490 Vaduz, Liechtenstein (“Company”, “We”, “Us”, “Our”) and the legal entity using the Services on a free basis (“You”, “Your”). The Company and You are known as “Party” separately or “Parties” together. The Terms are binding and must be followed by each individual / legal entity using the Services irrespective of whether You are registered as a User (as defined below in Definitions) or is using the Site as a Visitor (as defined below in Definitions) without registration. In addition to these Terms, your use of the Services is governed by our Privacy Policy and The Origin Label Guidelines. Together, these documents (Terms, Privacy Policy and The Origin Label Guidelines) are collectively referred to as the “Terms.”
If You accept these Terms or use the Services on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to the Terms and, in such event, “You” “Your” or “User” will refer and apply to that company or other legal entity.
PLEASE READ THESE TERMS CAREFULLY AS IT DETAILS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, CERTAIN RESTRICTIONS AND LIMITATIONS, AND EXCLUSIONS TO OUR LIABILITY. IT IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. BY ACCESSING AND USING THE SERVICES: (1) YOU ACCEPT AND CONSENT TO THE TERMS, (2) YOU ACKNOWLEDGE THAT TERMS IS A LEGALLY BINDING AGREEMENT, (3) YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS, AND (4) YOU AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS AND POLICIES AS A PARTY TO THIS AGREEMENT AND, IF YOU ARE AN EMPLOYEE OR AGENT, TO BIND YOUR EMPLOYER OR PRINCIPAL.
The Company reserves the right, in its sole discretion, to modify or replace these Terms at any time. If we modify these Terms, we will post the modification on our site and update the “Last Updated” date at the top of the Terms or provide you with notice of the modification in the Site, Privacy Policy The Origin Label Guidelines, QR code and Services, if such change is materially affecting your rights and obligations. Any change to this Terms will be effective as of the Last Updated Date in at the top of this page. By continuing to access or use Site, QR code and Services after the Last Updated Date, you are indicating that you agree to be bound by the modified Terms. You agree that it is your responsibility to check these Terms periodically for changes and that your use of Site, QR code and Services following the posting of any changes to these Terms constitutes acceptance of those changes. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, QR code and Services.
Company may add, remove, suspend, discontinue, modify or update the Services at any time, at its discretion. After the effective date of such a change, the Company shall bear no obligation to run, provide or support legacy versions of any affected Services.
1. CONCEPTS AND DEFINITIONS
1.1. Whenever the following capitalized terms are used, they shall be interpreted as follows, unless explicitly stated otherwise in the context of their use:
“Site” — the website of the Company, https://theorigin.logineko.com/, all its content and links that lead to this website.
“QR code” — a two-dimensional static barcode owned and designed by the Company, containing a link to Site that can be identified by scanning equipment and/or a mobile device camera.
“Services” — services that enable User to use the QR code on their Products (as defined below), allowing them to display information about their Products through a link to the Site. These services include functionalities for managing the information associated with the QR code. Users are responsible for providing all necessary information to be displayed via the QR code link.
“Products” — any food item or consumable good that is provided, sold, distributed, or otherwise made available to the market by the User or its affiliates. This includes, but is not limited to, packaged foods, beverages, ready-to-eat meals, ingredients, or any other type of food product intended for consumption, sale, distribution, marketing, or promotion by the User or its affiliates, either directly or through third-party channels.
“Visitor” — a person who visits the Site and uses the Services without creating an Account.
“User” — a legal entity that has completed the Account registration procedure and is able to use Services as an authorized user. For the purposes of the Terms, the company or any legal entity whose credentials have been added to the Account and on whose behalf the Services are used may also be considered a “User”. For the purposes of these Terms, a 'legal entity' will also refer to an entity that holds the status of a farmer in accordance with the applicable regulations of the territory in which it is established.
“Account” — an electronic service provided by the Site that allows the User to access and use Services. The Account is identified by the User’s email address (Login) and Password, entered by the User, resources collected by the Site's IT system, or by logging in using third-party authentication services, and allowing the User to use Services.
“Login” — the User's email address provided within the Site during Account creation.
“Password” — an alphanumeric string required to authorize access to the Account, set by the User when creating an Account.
2. ACCESS TO THE SITE AND SERVICES
2.1. Right to use the Services. Access to the Site and Services is provided on a voluntary and free-of-charge basis. Subject to Your compliance with these Terms and applicable laws, the Company grants You a limited, non-exclusive, non-sub-licensable, revocable, non-transferable limited license to access and use the Services for Your internal and/or business purposes. This license allows You to use the Services within the scope defined and limited by the Terms, and it does not allow You to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services, Site or QR code without the prior express written consent of the Company. All rights not expressly granted in these Terms are reserved by the Company.
2.2. Eligibility. Access to and use of Services are contingent upon meeting certain eligibility criteria outlined in this clause. By accessing or using Services, You affirm that You meet the following eligibility requirements:
- Acceptance of Terms: By accessing or using Services, You acknowledge and agree to abide by these Terms and any other policies or guidelines referenced herein. If You do not agree with any provision of these Terms, You may not access or use Services.
- Age requirement: You must be at least 18 years old or the age of legal majority in Your jurisdiction to access or use Services. If You are under the age of 18 (or the age of legal majority), You may only use Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on Your behalf.
- Authorized use: if the Account is registered on behalf of a legal entity, You must be an authorized representative of the entity with the legal authority to bind the entity to these Terms. The entity must be duly incorporated or otherwise legally established in accordance with the laws of its jurisdiction.
- Compliance with laws: You must comply with all applicable laws, rules, and regulations governing Your use of Services, including, but not limited to, those related to privacy, data protection, intellectual property, and online conduct.
- Restricted activities: You are prohibited from engaging in any activities that violate these Terms, infringe upon the rights of others, or are unlawful, fraudulent, or abusive in nature.
- Prohibited Users: You are not permitted to access or use Services if You have been previously banned or suspended from using Services or if You are located in a country or region that is subject to trade sanctions or other restrictions imposed by applicable laws or regulations.
Failure to meet any of these eligibility requirements may result in the termination or suspension of Your access to Services. We reserve the right to verify Your eligibility at any time and to take appropriate action, including but not limited to requesting additional information or documentation, to ensure compliance with these requirements.
2.3. QR code. Within the scope of the Services, the Company provides You with the ability to use unique QR codes on your Products. These QR codes serve as efficient tools for linking physical and digital worlds, enabling seamless access to information, promotions, or other resources with a simple scan.
The QR code utilized in connection with the Services is specially designed by the Company and features the Company’s trademark. The Company hereby grants Users a non-exclusive, non-sub-licensable, revocable, non-transferable limited license to place the Company’s QR code on their products, strictly in accordance with the The Origin Label Guidelines. This license permits Users to utilize the QR code solely for the purpose of displaying Product’s information linked to the Site and it does not allow User to reproduce, duplicate, copy, modify, sell, or otherwise exploit QR code without the prior express written consent of the Company.
Users acknowledge that the Company’s trademark associated with the QR code is a valuable asset of the Company. Users agree to maintain the integrity and reputation of the trademark and will not take any actions that could harm or diminish the value of the trademark. Any unauthorized use or modification of the QR code or trademark is strictly prohibited.
Users must adhere to all instructions provided by the Company regarding the use, placement, and display of the QR code in accordance with The Origin Label Guidelines. The Company reserves the right to issue updates or changes to these guidelines, which Users must follow promptly.
The Company shall not be liable for any damages, losses, or claims arising from Users' use of the QR code or the information displayed through it. Users assume full responsibility for the content and accuracy of the information linked to the QR code, including the User Content (as defined below), and agree to indemnify and hold the Company harmless from any claims related to such content.
When the User wishes to use the QR code, they may need to register an Account as outlined in Article 2.4. of this Agreement. Additionally, the User must provide the required information about its Products as specified in Article 3 of this Agreement.
Upon completing all required information and customization, the User can download the generated QR code to their device, ready for printing, or digital deployment. This QR code is intended exclusively for labeling the Products.
2.4. Registration of the Account. If a User wishes to use the QR code and Services he / she must create an Account.
Creating an Account is a straightforward process and can be completed through one of the following methods:
- Completing the registration procedure by providing his / her own email address and password.
- Authorizing via third-party authentication services available on the Site (such as Google).
- or by another method specified by the Company (e.g., an Excel spreadsheet, email, or other means):
When creating an account with a legal entity, the following key information should be provided:
- Business Information
- Full legal name of the entity and any trade names.
- Business address, contact information (email and phone number) and State or country of registration
- Tax Identification Number (EIN or equivalent).
- Authorized Representatives
- Names and contact details of individuals authorized to act on behalf of the entity.
- Nature of Business
- Description of primary activities
- User Credentials
- Username and password creation, including security questions for recovery.
It's imperative that all registration information is provided accurately and in full. Users are obligated to ensure that their registration data remains up-to-date to facilitate seamless communication and interaction with Our Site.
By creating an Account, You affirm that You are not impersonating any person or entity or misleading others about Your affiliation with any person or entity. It is Your responsibility to maintain the confidentiality of Your Account credentials, including Your username and password.
Registering multiple Accounts with the same email address is strictly prohibited. Any attempt to register a new Account using the same email address associated with an existing Account will be considered a violation of these Terms and is not allowed.
2.5. Use of the Account. Within the Account, You have the capability to manage various aspects of Your interaction with Services and utilize a range of features tailored to Your needs. Here are the key functionalities available to You:
- Personal information management: You have the ability to add or modify Your personal information within the Account, ensuring that Your profile remains accurate and up-to-date. Additionally, You can update Your password to enhance security.
- Corporate information: “Corporate Information” section enables You to furnish essential details about the said entity. This includes comprehensive information such as company name, company category, email, legal address, website, and VAT number. By providing this information, You confirm that You possess the requisite authority to act on behalf of the stated legal entity.
- Account deletion: In instances necessitating the discontinuation of Account utilization,Users are required to submit a request for deletion via the official support email address. Exceptions to this procedure apply in cases where the deletion arises from a violation of these Terms or any associated documents by the User. In such cases, the Company reserves the right to delete the account unilaterally, without obtaining the User’s consent and without prior notification. Following deletion, the Account will be deleted, and the data associated with the Account will be retained by the Company, which has the unlimited right to use such data in any manner, as defined in the User Content section.
The enumerated list of functional capabilities provided herein is not exhaustive, as the Site undergoes continuous enhancement and refinement. It remains subject to iterative updates and modifications aimed at improving User experience and expanding Service offerings. Users are thereby afforded the opportunity to access additional Services beyond those explicitly outlined in these Terms, provided such utilization adheres to all stipulated conditions and remains in compliance with applicable laws and regulations.
3. REQUIRED INFORMATION ABOUT PRODUCTS
During the registration process and account creation, the User must provide the following information regarding the Products through the Site or by another method specified by the Company (e.g., an Excel spreadsheet, email, or other means):
3.1. Manufacturing Process Information
The User must ensure detailed information about the manufacturing process of their Products that includes the methods of production, packaging, processing, and storage. Additionally, the User must provide graphical material, such as images or diagrams, to visually support and illustrate the manufacturing process.
3.2. Information Regarding Raw Materials
For each raw material used in Products, the User must provide the following information:
a) Full Name of the raw material;
b) Supplier's Name (including title and country of origin);
c) Manufacturer's Name (including title and country), if known;
d) Manufacturing Date of the raw material;
e) Shelf Life of the raw material;
f) Batch Information (where applicable);
g) Origin of the Raw Material (as verified by the supplier or manufacturer);
h) Quantity of each raw material used in the production of a batch of the final Product (in grams).
In addition to this information, the User must provide relevant graphical material, such as images, diagrams, or labels, to clearly represent and verify each raw material.
3.3. Information Regarding Packaging Materials
For each material used in the packaging of the Products, the User must provide at least the following details:
a) Full Name of the packaging material;
b) Supplier's Name (including title and country of origin);
c) Manufacturer's Name (including title and country), if known.
The User must also provide graphical material, including images or diagrams, that illustrate the packaging materials used.
3.4. Information Regarding Ingredient Label Pictures and Origin of Each Ingredient
The User is required to provide a picture of the ingredients from the label and documentation proving the origin of each ingredient during the registration process or account creation.
3.5. The User may, at their discretion, provide additional data and information (beyond the mandatory information defined in Articles 3.1 to 3.4) regarding their Product, Manufacturing Process, Raw Materials, Packaging Materials, Origin, or any other details they wish to share (collectively referred to as "Other Data and Information"), provided such disclosure does not violate these Terms, particularly Article 4.
3.6. Once the User submits or otherwise uploads information as defined in Sections 3.1 to 3.5 for any product lot or product, they shall no longer have the ability to modify, edit, or otherwise alter such information through their account.
3.7. The Manufacturing Process Information, Information Regarding Raw Materials, Information Regarding Packaging Materials, Information Regarding Ingredient Label Pictures and Origin of Each Ingredient, Other Data and Information and all graphical material, including images or diagrams, that illustrate the Manufacturing Process Information, Information Regarding Raw Materials, Information Regarding Packaging Materials and Other Data and Information are collectively referred to as "Information".
3.8. All required information defined in Articles 3.1 to 3.4 must be submitted as a condition for using the Services. The Company may, at its sole discretion, make exceptions if the quantity of certain ingredients in the Product is negligible or in other cases, but solely at the Company’s discretion. To request such an exception, the User must submit a formal request via email to theorigin@logineko.com.
4. USER CONTENT
4.1. User Content creation and submission. Throughout Your use of the Services, including during the registration process, account creation, and at any time while actively engaging with or utilizing the Services, the Services enable You to provide, generate, create and submit content and materials. This includes, but is not limited to, text, writings, files, video, audio, sounds, images, illustrations, photographs, graphics, suggestions, opinion, feedback, Information (as defined above), and other content related to the Products through the Site (collectively “User Content”).
You are strictly prohibited from posting any User Content that infringes upon the intellectual property rights of others. This includes, but is not limited to, copyrighted material, trademarks, patents, trade secrets, and moral rights. You must obtain express permission from the owner of the respective right before submitting any User Content that is protected by intellectual property laws.
Furthermore, You represent and warrant that Your User Content:
- will be original and that You have the necessary rights, licenses, and permissions to use and share any content included in Your User Content;
- will be truthful, non-misleading and non-deceptive;
- will not disseminate false information, rumors, or misleading content intended to deceive or manipulate others;
- will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- will not be threatening, abuse or invade another's privacy, or provided with an intent to harass, upset or embarrass any other person;
- will not be provided with an intent to impersonate any person, to misrepresent Your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else;
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.);
- will not contain any code, viruses, malware, or other harmful elements that could disrupt, damage, or impair the operation of the Company's Services or harm other Users' devices or data;
- will not disclose or share personal information about individuals without their consent;
- will not intimidate, or cyberbully individuals or groups based on their race, ethnicity, gender, sexual orientation, religion, disability, or any other characteristic;
- will not be unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- will not violate any applicable law, regulation, or rule;
- will not advertise or sell narcotics, alcohol, or other psychoactive substances, or contain links to other resources selling any of the aforementioned;
- will not advertise or sell weapons, ammunition, explosives, or any other harmful or dangerous materials;
- will not promote gambling, betting, or any other activity that involves the risk of losing money or valuables; and
- will not otherwise violate, or link to material that violates any provision of these Terms, or any applicable law or regulation.
The Company reserves the right to monitor, review, and moderate User Content to ensure compliance with these Terms. The Company may remove or take down any User Content that violates these Terms or poses a risk to the community.
The Company reserves the right to remove any User Content at any time in response to official requests from authorized authorities, including law enforcement agencies and regulatory bodies. The Company will adhere to applicable laws and regulations when responding to such requests and will take necessary actions to comply with legal obligations. This may involve the removal or restriction of access to User Content deemed to be in violation of laws or regulations, or if such User Content poses a risk to the security, integrity, or reputation of the Services or the Company.
Users further understand that the Company's decision to remove or restrict access to User Content in response to official requests is final and binding. The Company shall not be liable for any damages or losses arising from such actions, and Users and Visitors agree to indemnify and hold the Company harmless against any claims, demands, or liabilities resulting from the removal or restriction of User Content in compliance with official requests.
4.2. Grant of rights to User Content. You retain all ownership rights in Your User Content. However, by creating, submitting, or posting User Content through the Services, You grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, translate, and create derivative works of Your User Content, in whole or in part, in any format or medium now known or developed in the future, for any purpose, including but not limited to operating, promoting, and improving the Services, as We, in Our sole discretion, deem appropriate in connection with Our business and operations. This license will also apply to any form, media, or technology now known or hereafter developed, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. This license remains in effect indefinitely, without any time limitations, and will continue to apply even if You cease using the Services, terminate Your Account, or otherwise discontinue your engagement with the Company. It is fully effective worldwide, without any geographic or temporal constraints, and will persist regardless of changes in your account status or use of the Services.
You grant Us a right, in Our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We have no obligation to monitor Your User Content, but We reserve the right to do so if We need to ensure that Your use of the Services is in compliance with these Terms.
5. USE OF QR CODES, SITE AND SERVICES: FREE ACCESS UNDER AGREEMENT TERMS
The use of QR codes, Site and Services is provided at no cost to the User. However, access to these free resources is governed by these Terms, designed to ensure a positive, fair, and compliant experience for everyone involved. Please note the following conditions associated with the free use of these services:
5.1. Free Access to Services, QR codes and Site: Users can freely access the QR codes, Site, and Services without any charge. This enables convenient and no-cost interaction with the digital resources and tools provided.
5.2. User Responsibility for Applicable Taxes: While the Services are free, users are solely responsible for any taxes or fees that may apply to their use of these resources under local laws or regulations.
5.3. Agreement to Terms and Conditions: By using these free Services, users agree to abide by the terms outlined in these Terms, which covers acceptable use, limitations, and user responsibilities. This helps ensure a safe and compliant experience.
5.4. Modifications to Free Use Policy: The Company reserves the right to change its free use policy at any time. If changes occur, users will have the choice to either accept the revised Terms and continue using the services or terminate their agreement if they no longer wish to proceed under the new Terms.
6. CUSTOMER SERVICE
Our customer service is available to assist Visitors and Users with any inquiries or issues they may encounter while using Services. Support can be accessed by submitting a request via email to theorigin@logineko.com. Our dedicated support team strives to address Visitor or User concerns promptly and efficiently to ensure a smooth and satisfactory experience.
The Company commits to undertaking all reasonable and necessary measures to deliver timely support. However, the specific timeframe for support resolution may vary based on factors such as issue complexity, the number of requests from other Visitors or Users that are simultaneously processed by support staff, etc. The User or Visitor is expected to cooperate with the Company during the support process, providing necessary information and access to facilitate issue resolution.
While the Company endeavors to provide effective assistance, it's important to acknowledge that the resolution of issues may not always be immediate or straightforward due to the variety and complexity of potential issues. Nevertheless, Our team will use reasonable efforts to assist You with the problems You are experiencing, striving to find satisfactory resolutions within the scope of Our capabilities and resources.
7. ACCEPTABLE USE
As a condition of Your use of the Services, and without limiting Your other obligations under these Terms, You agree to comply with the restrictions and rules set forth in this section as well as any additional restrictions or rules set forth in the Terms and Services itself.
You acknowledge that You will not under any circumstances:
- take any actions that cause or may cause an unreasonable or disproportionate load on the Site’s infrastructure;
- interfere or attempt to interfere with the proper operation of the Site;
- use manual and/or automatic software, devices or other processes to “scan” or “encrypt” the Site;
- use software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the operation of any software, hardware or telecommunications equipment, as well as to damage or gain unauthorized access to any system, data of the Site and/or the Services;
- institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of services attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- use the Services for phishing and fraud;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Site or otherwise attempt to obtain any source code or basic ideas or algorithms of any part of the Site;
- use any intelligent systems, robots, scrapers or other similar data gathering tools;
- bypass or attempt to bypass any security or password protection on the Site, access the Services in any way other than through the interface provided and authorized by the Company;
- use automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services without Company’s express written consent, modify or cause to be modified any files that are a part of the Services or the Site;
- menace, threaten, defraud or harass any person (including other Users or Visitors) or cause damage or injury to any person or property;
- use or attempt to use the Services to upload, download, stream, transmit, copy or store any information, data, or materials, or engage or assist in any activity that may: (i) infringe the intellectual property rights or other rights of any third party; (ii) contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind, (iii) harm or attempt to harm others; (iv) have the potential to incite or produce conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously or sexually discriminatory or otherwise objectionable; (v) assist any fraud, deception, or theft;
- use improperly Our support services, including without limitation submission of false reports of abuse or misconduct by any party;
- attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach security or authentication measures without proper authorization;
- use the Services to create, post or distribute any sensitive personal information, including, but not limited to, national ID cards, driver’s license, passport, date of birth, biometrics, medical information, or credit card or other payment information; and
- otherwise infringe the Terms, requirements of laws and regulations, rights and freedoms of third parties.
Any use of the Services in breach of these Terms is strictly prohibited and shall be considered a violation, resulting in the automatic termination and deletion of your Account. This may also subject You to liability for violations of law.
The Company retains the sole right to ascertain what behavior it deems to contravene the rules of use or deviate from the intent or essence of these Terms or the Services itself. The Company holds the authority to undertake actions in response, including but not limited to, the termination of the User’s Account and the prohibition of the use of the Services, either entirely or partially without prior notice to the User.
8. INTELLECTUAL PROPERTY
8.1. Ownership. You acknowledge and agree that the right to access the Services and use the QR code and Site is licensed. The User does not acquire ownership of the Services, Site, QR code and its results but only the right to use it in accordance with the Terms. All other rights, particularly proprietary rights, copyright, and intellectual property rights to the Services, and all usage rights not expressly granted shall remain the property of the Company and You shall have no right, title or interest therein except as expressly set forth in the Terms.
8.2. Intellectual property rights. The intellectual property rights to the Site, Service, QR code and its elements belong to the Company (excluding those for which exclusive intellectual property rights belong to other individuals) and are protected by the applicable legislation. The list of intellectual property objects owned by the Company includes, but not limited to:
- Program Code: the source code, algorithms, and programming scripts that form the foundation of the Services;
- Design Elements: visual components, layout structures, stylistic choices, graphical elements, icons, logos, etc.;
- Text: written content, including written materials, content of the Services, QR code and Site, guides, and manuals provided to the Visitor or User for understanding, and using the Services;
- Derived Works: any modifications, adaptations, or enhancements created based on the original Services, forming a derivative work;
- Trademarks related to QR code: any trademarks, including logos, that are specifically associated with and used in connection with the QR code utilized within the Services, Site, or any related materials. These trademarks are protected and cannot be used without authorization.
- Industrial property: inventions, utility models, industrial designs, other trademarks, trade names;
- Any other intellectual property objects that may constitute part of the Services, QR code and/or Site.
The use of the Services QR code and/or Site is permitted only within the framework of the functionality provided. No elements or content posted on the Site may be used in any other way without the prior permission of the Company. All rights not expressly granted by the Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
The Company owns, has licensed, or otherwise has rights to use all the intellectual property objects that appear in the Services, QR code and/or Site. Any other use not provided for in the Terms shall constitute a breach of the terms and may be grounds for bringing the violator to liability in accordance with the current legislation of Liechtenstein. Any use of the Services, QR code or the intellectual property objects placed in the Site, except in the manner permitted by the Terms, is strictly prohibited.
9. WARRANTIES
The access to the Services, QR code and Site is provided “AS IS”, “AS AVAILABLE”, “AS IT EXISTS”. You agree that Your use of the Services and QR code will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, expressed or implied, in connection with the Services and Your use thereof, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the Services, non–infringement, or as to the operation of the Site. However, the Company does its best and takes all reasonably possible technical and legal precautions to ensure the safe use of the Services by the Visitor or User.
The Company makes no warranty that: (1) the Services QR code and Site meet or will meet the requirements and expectations of the Visitor or User; (2) the Services QR code and Site will be available continuously, access to which will be provided quickly, reliably, and without errors; or (3) the Services will be free of any errors, omissions, interruptions, deletions, typographical errors or other defects; (4) the Services is free from any viruses or other harmful components; (5) any defects or errors in the Services QR code and Site will be corrected; (6) Your device meets all the requirements that will allow the Services functionality to work without any interruptions; (7) technical support will be provided effectively within the timeframe expected by the Visitor or User; (8) the QR codes generated through the Services will be functional and scannable by standard QR code scanners; (9) the Services will result in any specific outcome or benefit to the User; (10) the Services, QR code and Site will be free from defects caused by third-party products or services; (11) the Company will be able to restore or recover QR codes or associated data in the event of loss or corruption due to changes in the custom domain.
By using the Services, QR code and Site, You agree and warrant that You: (1) have the legal capacity to use the Services, QR code and Site and consent to comply with the Terms; (2) will refrain from actions specified in section 9 hereof, which may have a negative impact on the operation of the Services and/or the Site; (3) will not use the Services in order to violate any applicable law or regulation.
The Visitor or User acknowledges and agrees that he / she /it is solely responsible for legal and financial liability for all actions using or accessing the Services, QR code and Site. The User utilizes the Services at his / her / its sole discretion and risk, and You are thereby assuming all potential risks and liabilities associated with the Service's use, as well as any potential consequences that may impact the User, Your device, system, etc.
You understand that any and all persons who have access to QR code can freely scan them. This means that whoever they are sent to or wherever they are marketed to, users can view and scan them and view User Content.
10. LIABILITY. LIMITATION OF LIABILITY
The Company and You shall be responsible for fulfilling their obligations under these Terms in accordance with the current legislation of Liechtenstein.
To the fullest extent permitted by applicable law, the Company shall not be liable for (1) failure of the Services, QR code and Site functionality to meet the User's or Visitor’s expectations, (2) errors and malfunctions of the Services, QR code and Site, (3) typographical errors, inaccuracies, omissions or other defects in the Services, QR code and Site, as well as untimeliness or inaccuracy of any information contained in the Services, QR code and Site, (4) any direct, indirect, consequential, actual or incidental damages that the Users or Visitors have suffered or may suffer as a result of the temporary suspension of the Services, QR code and Site, (5) losses or damage caused by the breach of the Terms by another User or Visitor, (6) the lack of a proper Internet connection of Visitor or User, which may result in difficulties for the Visitor or User to access the Services, QR code and Site, (7) any activities which may be conducted by minors without the consent of their parents or legal guardians, when such consent is legally required, (8) any misrepresentation or fraud with respect to the Services, QR code and Site, (9) the impossibility of resolving any issues that the User or Visitor has when contacting the technical support, including those that are beyond the direct influence of the Company, (10) the security of User Accounts, including unauthorized access, hacking, or other breaches, and disclaims liability for any resulting losses or damages; (11) any loss of data, business opportunities, or damages incurred as a result of modifications to QR codes necessitated by changes to the custom domain; (12) any delays, interruptions, or inaccuracies in QR code functionality resulting from the connection of the custom domain.
In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
The User uses the Services, QR code and Site at his / her / its own risk and is solely liable for the possible consequences of the use, including any damage and losses that such use may cause.
You are solely responsible for any damage caused by Your failure to obtain permission to post / publish information or materials as part of the User Content, or for any other damage caused by Your User Content.
Neither Party will be liable for any indirect, exemplary, special or consequential damages, loss, or corruption of data or interruption or loss of business; or loss of revenues, profits, goodwill or anticipated sales or savings, even if the damages were foreseeable or a Party has been advised of the possibility of those damages.
11. FORCE MAJEURE
The Company shall be exempt from liability for any delays, failures, or interruptions in the operation of the Services caused directly or indirectly by force majeure circumstances, such as war or hostilities, earthquake, flood, fire and other natural disasters, power outages or Internet interruptions, hardware and/or software malfunctions, virus attacks, actions of public authorities, or any other circumstances beyond Our control.
12. INDEMNIFICATION
You agree to indemnify, pay the defense costs of, and hold harmless the Company and its respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by You of the Terms or negligence by You, (b) any act or omission by You in using the Services, (c) Your User Content. You agree to reimburse the Company on demand for any defense costs incurred by the Company and any payments made or loss suffered by the Company, whether in a court judgment or settlement, based on any matter covered by this section.
The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
If You are prohibited by law from entering into the indemnification obligation above, then You assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject of the indemnification obligation above.
13. TERM AND TERMINATION
These Terms shall commence on the date You have started to use the Services and remain in effect until terminated in accordance with this section.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Either Party may terminate the use of the Services at any time, at its sole discretion. If the User terminates the use of the Services, they shall send a notification to the email address theorigin@logineko.com and the account will be deleted without further notice. If the Company terminates the use of the Services, the User's account will be deleted, with or without prior notice, at the Company's sole discretion.
Regardless of the reason for termination, the Company retains all data associated with the User's account and may use such data in any manner as defined in Section 4 regarding User Content.
If We terminate or suspend Your Account for any reason, You are prohibited from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If we terminate or suspend your Account for any reason due to a violation of these Terms by the User, the User is obligated to remove or destroy all materials attached to the Product that contain the QR code from the moment of termination. Furthermore, the User is prohibited from placing such Products with QR codes on the market from the moment of termination. The QR codes linked to these products will either cease to function or be redirected in a manner determined by the Company.
Upon termination of these Terms, all applicable rights and access granted to You herein will automatically terminate, and You will cease any further use of the Services.
14. DISPUTE RESOLUTION
Laws of Liechtenstein without conflicts of law rules, will govern these Terms and your use of the Services. If you have any concerns or disputes about the Services, you agree to first try resolving them informally by contacting the Company. If an amicable solution is not possible, you agree to submit to the exclusive jurisdiction of Liechtenstein courts.
15. PERSONAL DATA
We may receive Your personal data during Your use of the Services, as well as when You decide to contact Us.
We recognize the importance of protecting Your personal data, which is why We have drafted a Privacy Policy and which accurately describes how the Company collects, stores, and uses personal data.
The Company's Privacy Policy is an integral part of these Terms. We encourage You to read the Privacy Policy, and to use it to help make informed decisions.
16. TRACEABILITY AND NUTRISCORING, PUBLIC SHARING AND COMPARISON
The Company reserves the right to assess and generate both a Traceability Score and a NutriScore for Products based on the Information and User Content provided by the User.
- Traceability Score: This score will be determined based on the quantity and quality of the information about the Product provided by the User, as defined in Article 3 (including both mandatory and optional information and data). The Traceability Score reflects the comprehensiveness and transparency of the supply chain information provided by the User.
- NutriScore: The NutriScore evaluates the nutritional properties of the Products and is calculated strictly in accordance with the official NutriScore methodology. The calculation is based on verified nutritional information, with the completeness and accuracy of the submitted data directly influencing the final score. The application of NutriScore is governed by the official rules and general terms established by the NutriScore system, which the Company cannot alter or influence. The User is obligated to fully comply with these rules and terms.
The User acknowledges and agrees that the Company may independently evaluate the provided information and assign corresponding scores. The Company may publicly share these scores on the Site or through other means, promoting transparency and enabling comparison with scores of other Users of the Services. This comparative data aims to encourage best practices and awareness among Users.
Additionally, Users understand and agree that the Company may assign badges or awards based on their Traceability Score and NutriScore, as well as other relevant assessments. By using the Services, OR Code and Site and providing the necessary information, the User consents to the publication and comparison of their Traceability Score and NutriScore, and acknowledges that these evaluations are based on the completeness and accuracy of the submitted Information and User Content.
17. MISCELLANEOUS PROVISIONS
17.1. Entire agreement. The Terms, Privacy Policy and other policies posted by Us on the Site constitutes the entire agreement between the Parties relating to the subject matter of the Terms and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject hereof, and prevails over any conflicting or additional terms of any order, acknowledgment, or similar communication between the Parties.
17.2. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to ensure that these Terms otherwise remain in effect. Failure of the Company to enforce any part of these Terms shall not constitute a waiver of the Company's right to further enforce such or any other part of the Terms.
17.3. Notices. All notices made under or in connection with the Terms must be in writing and sent to the other Party at the address for such other Party first set out in the Terms or, in the case of the User, at the address provided by the User at the time of registering the Account.
17.4. Assignment. Company reserves the right to assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate any rights or obligations under the Terms without Company’s prior written consent.
17.5. Waiver. Any waiver or purported waiver shall be void unless made in writing, and neither Party’s failure to exercise any of its rights under the Terms shall constitute or be deemed a waiver or forfeiture of any such rights.
18. CONTACT INFORMATION
If You have any questions, doubts, or suggestions regarding the Terms and/or the Services, You may contact Us for assistance at the following e-mail address: theorigin@logineko.com