Terms of Service

Last updated February 27, 2021

The Terms of Service (“ToS”) described here form a contract between you (individual or organization you may represent) and Uva Software, LLC (“Company”,“us”, “we”, or “our”) the makers of Scanii (“Service”). 

We reserve the right to change, modify, supplement or delete any portion of our Terms of Service at any time.  With that said, we will use reasonable efforts to provide you with notification of any material changes via email and encourage you to review our publicly posted terms periodically. If at any time, these Terms are no longer accepted by you, immediately stop using the Service.

By accessing the website (https://scanii.com) and using the Service (free trial or paid subscription), you accept and agree to be bound by the terms and provisions in our latest Terms of Service. These Terms do contain a limitation of liability and constitute the entire agreement between you and Uva Software, LLC, regarding the use of the website and the features therein.

Any violation of these terms may result in us exercising our right to terminate your account or suspend access to your account without notice. 

Registration and Account Obligations

  1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  2. You agree to maintain and promptly update such information to keep it true, accurate, current and complete.
  3. You are responsible for maintaining the security and confidentiality of your account and password. You are fully responsible for all activities that occur under your password or account.
  4. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.  Furthermore, any personally identifiable information (PII) submitted by you to our Service will be subject to our Privacy Policy.
  5. You understand that accounts must be registered by a human.  Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. Our Service offers a free trial consisting of 50 credits. If you wish to continue using the Service you must subscribe to one of our monthly/yearly subscription plans which are paid in advance via credit card (annual subscriptions using a purchase order may be paid via ACH, check, or credit card).
  2. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
  3. By enrolling to a subscription plan, you agree to pay the Company the monthly or annual subscription fees required to maintain the level of Service you selected.
  4. Payments will be charged in advance, according to our pricing schedule, and will cover Services for the month following the charge. These fees are non-refundable. 

Cancellation and Termination

  1. You are responsible for timely and properly canceling your scanii subscription.  This can be done at any time from our “Plans & Billing” page.
  2. If you cancel your subscription prior to your next refill date, the cancellation will take effect immediately and you will not be charged at the next billing cycle.  
  3. There will not be any proration of unused credits and canceled subscriptions will revert back to a trial account.
  4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.
  5. We shall not be liable to you or any third party for any termination of your account or restriction of your access to the Services.

Modifications to Service and Prices

  1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Payment terms and fees for all Services are subject to change upon 30 days prior written notice to you. Such notice may be provided at any time by posting the changes to the Company website.
  3. We shall not be liable to you or to any third party for any modification, fee change, suspension or discontinuance of the Service.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk and provide these Services on an “as is” and “as available” basis. However, we understand that customers rely on our service to operate their business and we take the responsibility very seriously, that's why we guarantee 99.95% uptime.  Visit http://status.scanii.com to see the status of our Service. 
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details.
  4. When you use Scanii, you entrust us with your data. Therefore, we commit to process your data as described in our Privacy Policy and for no other purpose. 
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. Under the California Consumer Privacy Act (“CCPA”), Uva Software, LLC is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and our Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.
  7. These Service Terms incorporate the Uva Software Data Processing Addendum (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of our service to process Customer Data as defined in the DPA. The DPA is effective as of December 1, 2020 and replaces and supersedes any previously agreed data processing addendum between you and Uva Software, LLC relating to the GDPR. An executable copy of the Data Processing Addendum, is available for you to sign online here.

Support

  1. Technical support is provided via email.  “Email support” means the ability to make requests for technical support assistance by email at any time concerning the use of our Services.  
  2. We agree to make reasonable efforts to respond within one business day however; we make no assertion that our support team will be able to address support requests in their entirety within one business day. 

Data Ownership

  1. We will never permanently store the files you process through the Service and all content processed remain yours. 
  2. The Company may store metadata about the content you process to help us improve the overall accuracy of the Service. All metadata captured is inferred and will never include any user provided information such as file name or type.

Proprietary Rights

  1. You acknowledge and agree that the Scanii website and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by the Company or the applicable licensor.
  2. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the scanii website  and any content or software used in connection with the Service, in whole or in part.
  3. The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to scanii.com. 
  4. You agree not to access the Service by any means other than through the interface that is provided by us.

API Terms

Customers may access their Service data via the Application Programming Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that we shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Some third-party providers have created integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.

Indemnity

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise input into the Service, your use of the Service, your connection to the Service, your violation of the ToS, or your violation of any rights of another.

Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the Services and software are at your sole risk. The Service and software are provided on an "as is" and "as available" basis. The Company, Uva Software, LLC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  2. The Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Services or Software will meet your requirements; (ii) Services or Software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services or Software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services or Software will meet your expectations; and (v) any errors in the Service or Software will be corrected.
  3. No advice or information, whether oral or written, obtained by you from the Company or through or from the Service or Software shall create any warranty not expressly stated in the Terms of Service.

Limitation of Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (whether or not the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of warranty, breach of contract, or tort (including negligence whether active or passive), or any other theory of liability.

Jurisdiction and Venue

You and the Company each agree that the Terms of Service and the State of Indiana without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the ToS, or the relationship between you and the Company shall be brought exclusively in the courts located in the county of Hamilton County, Indiana or in a U.S. District Court of Indiana. You and the Company agree to submit to the personal jurisdiction of the courts located within the county of Hamilton, Indiana and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Miscellaneous

  1. The Service is non-transferable and any rights to your account or contents within your account terminate upon your death.
  2. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  3. The section titles in the ToS are for convenience only and have no legal or contractual effect.

This Agreement constitutes a binding agreement between you and Uva Software, LLC, and is accepted by you upon your use of the site and product. This Agreement constitutes the entire agreement between you and Uva Software, LLC, regarding the use of the website and the features therein.

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