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Welcome to Scanner Pro! Readdle Limited ("Readdle") is the company behind Scanner Pro ("Scanner"). Scanner is a mobile device application ("App") that provides a service of scanning and storing documents on the iOS platform. To make these Terms easier to read, the App and its services are collectively called the "Services." Please read these Terms of Service (the "Terms") carefully because they govern your use of our Services.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
From time to time we may modify the Terms at our sole discretion. If we do so, we will inform you within the App. You acknowledge that if you continue to use the Services after such modification, you agree to be bound by the modified Terms. If you don't agree to be bound by the Terms at any moment, please do not use the Services. Also, you acknowledge that we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the "Arbitration" section below, and except for certain types of disputes described in the "Arbitration" section below, you agree that disputes between you and Scanner will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
The Services are offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Services constitute limited access to using certain proprietary software. Using the Services, you can scan, store and manage your scanned documents, connect the cloud services and synchronize files between devices. Scanner also provides capabilities such as optical character recognition (OCR), automating rename, deletion and upload to cloud services, and editing your scans. You can use the paid functionality of the Services to utilize the premium functionality, as described in further detail:
You understand and agree that you are solely responsible for your use of the Services.
Scanner offers certain enhanced features of the Services, which you can purchase as a monthly or yearly ("Subscription"). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription (each, a "Transaction"), Scanner will charge your third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an "App Provider"), for verification, pre-authorization and payment purposes. You may also bear additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Scanner until accepted and confirmed by Scanner. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Scanner.
All amounts are payable and charged: (I) for one-off purchase (e.g. Fax), at the time you place your order; and (II) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
You agree that we may change our pricing terms for Subscriptions at any time. In this case we will notify you before such changes become effective. Changes to the pricing terms will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Scanner’s pricing terms then you may choose not to renew your Subscription in accordance with the section "Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription."
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Scanner regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms, (I) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (II) "User Content" means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
Scanner does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Scanner and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to Scanner a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Subject to your compliance with these Terms, Scanner grants you a limited, non-exclusive, non-transferable, non-sub-licenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, Scanner grants you a limited non-exclusive, non-transferable, non-sub-licenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Scanner reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (I) copy, modify or create derivative works based on the App; (II) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (III) reverse engineer, decompile or disassemble the App; or (IV) make the functionality of the App available to multiple users through any means.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (I) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (II) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree:
You agree not to do any of the following:
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Scanner and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (I) your access to or use of the Services or Content or (II) your violation of these Terms.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DISPUTE RESOLUTION FOR CUSTOMERS OUTSIDE THE UNITED STATES
The term "Dispute" means any dispute, claim or controversy between you and Scanner or Scanner and you arising out of, or relating to, the Site, App or Services, these Terms or your Account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section. "Dispute" is to be given the broadest possible meaning. You agree that any Dispute between you and Scanner will be governed by the arbitration procedures outlined below.
If a Dispute arises between you and Scanner, our goal is to provide you with a neutral and cost effective means of resolving the Dispute quickly. Accordingly, you and Scanner agree that we will resolve any Dispute in accordance with one of the subsections below or as Scanner and you otherwise agree in writing.
Informal Negotiations/Notice of Dispute. You and Scanner agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). Notices of Dispute must:
ATTENTION: Legal Department.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
In case such Dispute cannot be settled amicably through negotiations within a 30-day period, and the Demand is in excess of $10,000 USD, it or they shall be shall be settled by arbitration in accordance with the International Dispute Resolution Procedures of the International Centre for Dispute Resolution (ICDR).
The appointing authority shall be the AAA acting in accordance with its rules adopted for this purpose.
Each Party shall bear its own expenses, but both Parties shall share equally in the expenses of the arbitration tribunal.
Parties agree that all arbitration proceedings conducted pursuant to this Section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings. Any election to arbitrate by one party shall be final and binding on the other.
Restrictions. You and Scanner agree that any arbitration shall be limited to a Dispute between you and Scanner individually. To the full extent permitted by law,
DISPUTE RESOLUTION AND ARBITRATION FOR UNITED STATES CUSTOMERS.
This Section (the "US Arbitration Agreement") only applies to customers who reside in the United States of America. It applies to all disputes between you and Scanner. The term "Dispute" means any dispute, claim or controversy between you and Scanner or Scanner and you arising out of, or relating to, the Site, App or Services, these Terms or your Account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this US Arbitration Agreement. "Dispute" is to be given the broadest possible meaning. You agree that any Dispute between you and Scanner will be governed by the arbitration procedures outlined below.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this US Arbitration Agreement carefully. It is part of your contract with Scanner and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
MANDATORY BINDING ARBITRATION. In the interest of resolving Disputes between you and Scanner in the most expedient and cost effective manner, you and Scanner agree that every Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Scanner ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Nothing in these Terms or this US Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party: (a) to bring an individual action in small claims court; (b) to seek temporary injunctive relief in a court of competent jurisdiction over the parties solely to preserve the status quo or to prevent imminent harm until an arbitrator can be empaneled in accordance with this US Arbitration Agreement and determine whether to continue, modify or terminate such relief; or (c) to seek judicial enforcement of this US Arbitration Agreement or of any arbitral award issued hereunder in any court of competent jurisdiction over the parties.
Arbitrator. All Disputes subject to this US Arbitration Agreement will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and as then in effect, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Scanner.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by commercial express delivery (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"), in your case to the email address you have provided as part of your Account. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Scanner may commence an arbitration proceeding.
Fees. If you commence arbitration in accordance with these Terms the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York City, NY, USA, but if the claim is for $100,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a telephonic hearing.
CLASS ACTION WAIVER. YOU AND Scanner AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Scanner agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If Scanner makes any future change to this US Arbitration Agreement, other than a change to Scanner’s address for notice, you may reject the change by sending us written notice within 30 days of the change to Scanner’s address for notice, in which case your Account with Scanner will be immediately terminated and this US Arbitration Agreement, as in effect immediately prior to the changes you rejected, will survive.
Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You and Scanner agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief as permitted herein.
Survival of Agreement. This US Arbitration Agreement will survive the termination of your relationship with Scanner.
Enforceability. If Section "Class Action Waiver" is found to be unenforceable or if the entirety of the Section "Arbitration Agreement") is found to be unenforceable, then the entirety of the Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction of New York courts.
(b). RIGHT TO OPT OUT OF MANDATORY ARBITRATION AND CLASS ACTION WAIVER. You may opt out of the foregoing arbitration and class action waiver provisions of these Terms by NOTIFYING Scanner IN WRITING WITHIN 30 DAYS OF THE DATE THAT THESE TERMS ARE EFFECTIVE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. To opt out, you must send a written notification to Scanner Attn: LEGAL DEPARTMENT, Readdle Limited, Glandore Business Centre, Grand Canal House, 1 Grand Canal Street Upper, Dublin 4, D04 Y7R5, Ireland, that includes (I) your name; (II) your address; (III) your telephone number; (IV) your email address; and (V) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action waiver sections.
Changes. Notwithstanding the provisions of the "Modification" section above, if Scanner changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Scanner’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Scanner in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Scanner and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Scanner and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Arbitration" section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Scanner’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Scanner may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Scanner under these Terms, including those regarding modifications to these Terms, will be given: (I) by Scanner via email; or (II) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Scanner’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Scanner. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Scanner at firstname.lastname@example.org.