SCANIX TERMS OF USE

Please read these Terms of Use carefully before using ScaniX

By using ScaniX (the “Application”, “App”, “Service”) on any mobile phone, tablet or another device (collectively, “Device”), You (“You”) as a user of the App confirm that You have read, understand and agree to be bound by these Terms of Use and any other applicable law. Burgen Valley Limited (“we”, “us”, “our”) may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered Your acceptance of the revised Terms of Use. If You do not agree to these Terms of Use, please do not use this App.

Scope of License

The App is licensed, not sold, to You. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the App on Your device solely for the purpose of performing those functions and tasks available to You as an end user of the App. This license does not allow You to use the App on any device that You do not own or rightfully control, and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license or terms of the relevant certified Application Store), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of our rights as a licensor. If You breach this restriction, You may be subject to prosecution and damages.

Intellectual Property

All intellectual property on the App, which includes materials protected by copyright, trademark, or patent laws, is proprietary either to us or to third parties. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the App (except for Your information and any material, including electronic documents or images, that You create, upload or import to the Service in connection with your use of the App), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, Applications, interactive features and all other content (“Content”) is our intellectual property, all rights reserved.

Privacy

To use the App, You may be asked to provide certain information. All the matters regarding Your information provision are governed by our Privacy Policy  and You are giving Your consent to the collection of such information by using the App. Therefore, You should ensure that You have read the Privacy Policy  provisions carefully.

Links

The App may contain links to websites, Applications or other products or services operated by other companies (“Third Party Services”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third Party Platforms and You access such Third Party Platforms at Your own risk.

Unauthorized Use

You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:

  • is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
  • is fraudulent, criminal or unlawful;
  • is inaccurate or out-of-date;
  • may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  • impersonates any other person or body or misrepresents a relationship with any person or body;
  • may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of us or any third party;
  • may be adverse to our interests;
  • is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App in general;
  • involves Your use, delivery or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Fees and payments

THIS IS A SUBSCRIPTION SERVICE THAT AUTOMATICALLY RENEWS.

YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL TO AVOID BEING CHARGED IN YOUR APP STORE’S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THE CURRENT SUBSCRIPTION PERIOD. IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE SUPPORT WEBSITE, GOOGLE PLAY HELP (OR ANY OTHER APP STORES SUPPORT PAGES). DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS. YOU MAY WISH TO MAKE A PRINTSCREEN OF THIS INFORMATION FOR YOUR REFERENCE.

  • The App is free to download. However, certain features of the Service are offered on a subscription basis for a fee. You will pay an App Store the applicable fees (and any related taxes) as they become due.
  • To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give You a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending You an email notification. If You do not wish to pay the new fees, You can cancel the applicable subscription prior to the change going into effect.
  • You authorize the App Store to charge the applicable fees to the payment card that You submit.
  • By signing up for certain subscriptions, You agree that Your subscription may be automatically renewed. Unless You cancel Your subscription You authorize the App Store to charge You for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify You of a rate change prior to Your auto-renewal. You must cancel Your subscription in accordance with the cancellation procedures disclosed to You for the particular subscription. We will not refund fees that may have accrued to Your account and will not prorate fees for a cancelled subscription.
  • We may offer a free trial subscription for the Service. Free trial provides You with access to the Service for a period of time, with details specified when You sign up for the offer. Unless You cancel before the end of the free trial, or unless otherwise stated, Your access to the Service will automatically continue and You will be billed the applicable fees for the Service. We may send You a reminder when Your free trial is about to end, but we do not guarantee any such notifications. It is ultimately Your responsibility to know when the free trial will end. We reserve the right to modify or terminate any free trial offer, Your access to the Service during the free trial, or any of these terms in our absolute discretion, without notice and with no liability. We reserve the right to limit Your ability to take advantage of multiple free trials.
  • The Service and Your rights to use it expire at the end of the paid period of Your subscription. If You do not pay the fees or charges due, we may make reasonable efforts to notify You and resolve the issue; however, we reserve the right to disable or terminate Your access to the Service (and may do so without notice).
  • Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact an App Store support.

Disclaimer

Your use of any aspect of the Application is at Your own risk.

We make no representations or warranties whatsoever in respect of the Application. To the maximum extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights. You acknowledge that Your use of the Application is at Your sole risk. We disclaim any implied or statutory warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Application; or (ii) that the Application will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Application. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If You choose to rely on such information, You do so solely at Your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.

The Application may not be available in all languages or in all countries, and we make no representation that the functionality of the Application would be appropriate, accurate or available for use in any particular location. The Application availability and pricing are subject to change.

This disclaimer constitutes an essential part of these Terms of Use.

Limitation of liability

To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to You or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Application, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of fifty US dollars ($50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with Your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.

Indemnity

You agree to defend, indemnify, and hold us harmless, including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to: a) the breach of these Terms of Use by You or anyone using Your computer, mobile device, password or login information; b) any claim, loss or damage experienced from Your use or attempted use of (or inability to use) the Application; c) Your violation of any law or regulation; or d) any other matter for which You are responsible under these Terms of Use or under any applicable law. You agree that Your use of the Application shall be in compliance with all applicable laws, regulations, and guidelines.

We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

Termination

These Terms of Use are effective until terminated by either You or us. You may terminate these Terms of Use at any time, provided that You discontinue any further use of the Application. If You violate these Terms of Use, our permission to You to use the Application automatically terminates.

We, however, may, in our sole discretion, terminate these Terms of Use and Your access to any part or all of the Application, at any time and for any reason, without penalty or liability to You or any third party. In the event of Your breach of these Terms of Use, these actions are in addition to and not in lieu or as limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either You or us, You must promptly uninstall the App on all of Your devices and destroy all materials downloaded or otherwise obtained from the Application, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

Choice of Law and Dispute Resolution

These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of Gibraltar excluding its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Gibraltar courts.

Entire Agreement

These Terms of Use and Application Privacy Policy constitute the entire agreement between You and us pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.

Severability

If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Assignability

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written and explicit consent.

You agree that these Terms of Use, Application Privacy Policy and/or the agreement between You and us in general may be assigned by us in our sole discretion to any third party.

Contact Us

All notices to You relating to these Terms of Use shall be notified to You either via the Application or via the e-mail address that You provided to us.

Please submit any notices to us relating to these Terms of Use via email to support@scanix.net.

Last updated November 22, 2019