Terms and Conditions - ScannerLens

Last updated: May 25, 2021

These Terms govern

the use of this software Application, and,
any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

Users must read this document carefully.

Although the entire contractual relationship relating to this Application is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

If Users do not agree with (do not accept) this document, or if Users do not agree at least with one of the provisions of this Agreement, Users are not authorized to, and may not access, download, install or use the Application and Users must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in possession or under control.

This Application is provided by:

AtlasV Singapore Pte. Ltd.

Customer Service: support@scannerlens.com
Marketing Cooperation: marketing@scannerlens.com
Legal Issues: legal@scannerlens.com

What Users should know at a glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Content in this Application

Unless where otherwise specified or clearly recognizable, all content available in this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided in this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Application.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available in this Application, nor allow any third party to do so through Users or their devices, even with Users’ knowledge.

Where explicitly stated in this Application, Users may download, copy and/or share some content available through this Application for its sole personal and non-commercial use. Users shall ensure that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any items within the shared content must not be extracted, reproduced or used in other way.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Removal of content from parts of this Application available through contact our legal team via email. If the reported content is deemed objectionable, it will be removed within 48 hours.

Access to external resources

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Services violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Services, terminating contracts, reporting any misconduct performed through this Application or the Services to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to violate any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

pretending to fulfill any possible condition or requirements for accessing this Application and/or using the Services, such as being adult according to law or qualifying as a Consumer;
concealing their identity or stealing someone else’s identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
manipulating identifiers to disguise or otherwise conceal the origin of their messages or the content posted;
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior in this Application;
probing, scanning or testing the vulnerability of this Application, including the services or any network connected to the Application, nor breaching the security or authentication measures in this Application, including the services or any network connected to this Application;
installing, embedding, uploading, or otherwise incorporating any malware into or via this Application;
using this Application or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way (for example: for spamming purposes);
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden in this Application or the Services;
pretending to purchase any Services offered via this Application without any real intent to do s
failing to pay for Services purchased;
instigating other Users to complete a transaction started in this Application outside of this Application in order to save any applicable service fees;

Excessive use of the Service

using a resource of this Application excessively in relation to other Users of this Application – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduce the excessive consumption;

Scraping

adopting any automated process to extract, harvest, or scrape information, data, and/or content from this Application and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
publishing any content that promotes, either directly, or indirectly, hate, racism, discrimination, pornography, violence;
disseminating or publishing any content that is false or may create unjustified alarm;
using this Application to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark, or copyright law, unlawfully and without the legitimate right-holder’s consent;
using this Application to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to the state, military, trade, or professional secrets and personal data;
publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User’s experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, etc.;

Users’ protection

misappropriating any account in use by another User;
harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts in this Application or by any other means;
using any information relating to other Users, including personal or contact data, for purposes other than those this Application is intended for;

Commercial use restrictions

registering or using this Application in order to promote, sell or advertise products or services of any kind in any way;
indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Application or that this Application has endorsed the User, the User’s products or services or any third party’s products and services for any purpose;

Children’s use restrictions

This Application is not intended for children under the age of 18.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use this Application, so if the Users are between the ages of thirteen (13) and seventeen (17) years and the Users wish to use download, install, access or use the App, before doing so the Users must: (a) assure and confirm (if needed) that their parent or guardian have read and agree (get their parent or guardian’s consent) to this document prior to using this Application; (b) have the power to enter a binding contract with the Owner and not be barred from doing so under any applicable laws.

Parents and guardians must directly supervise any use of this Application by minors.

Any User under the age of thirteen (13) years is not permitted to download, install, access, or use the App.

Users affirm that they are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this document, and to abide by and comply with this document.

TERMS AND CONDITIONS OF SALE

Paid Services

Some of the Services provided on this Application, as part of the Application, are provided on the basis of payment. The fees, duration, and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Application.

Services description

Prices, descriptions, or availability of Services are outlined in the respective sections of this Application and are subject to change without notice.

While Services in this Application are presented with the greatest accuracy technically possible, representation in this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.

The characteristics of the chosen Services will be outlined during the purchasing process.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Application. All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by Users.

Purchase via the app store

This Application or specific Services available for sale in this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store”), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Performance of services

The purchased Services shall be performed or made available within the timeframe specified in this Application or as communicated before the order submission.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner.

Failure to do so may cause service interruptions.

Billing cycles are set either on a weekly, monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Subscriptions handled via Apple ID

Users may subscribe to a Service using the Apple ID associated with their Apple App Store account by using the relevant process in this Application. When doing so, Users acknowledge and accept that

any payment due shall be charged to their Apple ID account;
subscriptions are automatically renewed for the same duration unless Users cancel at least 24 hours before the current period expires;
any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
subscriptions can be managed or canceled in the Users’ Apple App Store account settings. The above shall prevail upon any conflicting or diverging provision of these Terms.

Free trial

In the case of service subscription, the Owner may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If Users do enter their billing information when signing up for the Free Trial, Users will not be charged by the Owner until the Free Trial has expired. On the last day of the Free Trial period, unless Users canceled their Subscription, Users will be automatically charged the applicable Subscription fees for the type of Subscription they have selected.

At any time and without notice, the Owner reserves the right to (i) modify the Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.

Termination

Since the purchase service is provided by Apple inc., Please refer the following link to cancel your subscription.

https://support.apple.com/HT202039

The refund policy is also same as the Apple Appstore Refund Policy.

https://support.apple.com/HT204084

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing Users appropriately. Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Services without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Application are and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform Users of these changes. Such changes will only affect the relationship with Users for the future. The continued use of the Service will signify Users’ acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to Users’ acceptance. Users can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking Users’ legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if Users qualify as a European Consumer and have their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Services, Users are kindly asked to contact the Owner at the contact details provided in this document.

Users may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Definitions and legal references

This Application The property that enables the provision of the Services.

Agreement Any legally binding or contractual relationship between the Owner and Users, governed by these Terms.

Business User Any User that does not qualify as a Consumer.

European (or Europe) Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We) Indicates the natural person(s) or legal entity that provides this Application and/or the Services to Users.

Service The service provided by this Application as described in these Terms and in this Application.

Terms All provisions applicable to the use of this Application and/or the Services as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You) Indicates any natural person or legal entity using this Application.

Consumer Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.