For details about Scan Clan’s use of your personal information and your rights related to the Scan Clan’s use of your personal information please refer to our Privacy Policy.

Effective as of: June 7, 2023

Last Updated on June 7, 2023, replacing former versions, if any.

Introduction

This is a legal agreement between you, the potential user of this software application ("You"), and Scan Clan, its subsidiaries and its affiliates (collectively referred to as "Scan Clan").

Your use of Scan Clan's mobile software application (branded as “Scan Clan”), and any associated products, services and websites (collectively, the “Software”), or any of the products and services offered on this Software (collectively, the “Services”) is conditioned on your acceptance, without modification, of the Scan Clan Terms of Use (“Terms”). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the Scan Clan Services in any way. In this case, you understand and agree that Scan Clan will consider your use of the Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.

Scan Clan may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Software, or by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND SCAN CLAN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Description of Services and Acceptance of Terms of Use

Scan Clan provides the Software with the functions of information acquiring and processing, converting information into document (PDF and/or JPEG format) and document scan, recognition, management, storage and sharing, as well as other related value-added services and interactive features (collectively, the “services”) and any other features, tools and materials offered from time to time in connection with the Services.

Scan Clan is constantly innovating in order to provide the best possible experience for its users and the Service is made available to you for, amongst other reasons, technical testing and evaluation purposes. You acknowledge and agree that the form and nature of the Services, which Scan Clan provides, may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that Scan Clan may stop (permanently or temporarily) providing any of the Services to you or to users generally at Scan Clan's sole discretion, without prior notice to you. You may stop using the Services at any time.

You acknowledge and agree that if Scan Clan disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.

Your Use of Scan Clan

In order to access certain Services, you may be required to sign up for an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a manner that breaks the law.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Scan Clan, unless you have been specifically allowed to do so in a separate agreement with Scan Clan. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Scan Clan, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

You agree that you are solely responsible for (and that Scan Clan has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Scan Clan may suffer) of any such breach.

Installation and Usage Rights.

a) General. You may install and use [one][any number of] [copy][copies] of the Software[, solely for the purpose stated above and otherwise for your internal business purposes].[ You may make one backup copy of the software for the sole purpose of reinstalling the software.]

b) Work or School Accounts. You can sign into the software with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the software may be subject to: i) your organization’s guidelines and policies regarding the use of the software; and ii) the agreements Scan Clan has with you or your organization, and in such case these terms may not apply.

c) Third Party Components. The Software is distributed with certain third-party components licensed to Scan Clan pursuant to open-source licenses (“Third-Party Licenses”), which require Scan Clan to include certain provisions in any distribution thereof. Such Third-Party Licenses are available at Settings > About > Software Licenses. The Third-Party Licenses only apply to the third-party component with which they’re associated and do not apply to the proprietary portions of the Software owned by Scan Clan.

d) Scan Clan Services Agreement. Some features of the software provide access to, or rely on, third party services. The use of those services (but not the Software) is governed by their separate terms and privacy policies as issued by those third parties. The user is required to read them and accept them. The services may not be available in all regions. By using the Services of the Software, you agree to the terms and conditions and privacy policies of these third-party services. Any problem or damage incurred by you as a result of using third party services will be afforded by you and the relevant parties, for which we will hold no direct or indirect liabilities.

User Conduct

When you are using the Services of Scan Clan, you shall firmly agree to abide by local laws and regulations. No one shall store, produce, duplicate, publish, or spread sensitive or illegal information, or any information or material which will be regarded as immoral by reasonable people, including but not limited to the following information:

(i) belongs to another person and to which the user does not have any right;

(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii) impersonates another person;

(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

You shall not use the Software for any illegal purposes, or utilize the Software to conduct illegal behaviours, including but not limited to the following:

(1) To use the Software for any acts which make adverse influence on the Internet’s normal operation;

(2) To steal or illegal visit and abuses other users’ account or account information;

(3) To fabricate facts maliciously and conceal the truth to mislead or cheat others;

(4) To publish, transmit, and spread advertisement information or spam; initiate, continue or in any form join in any speculative or other illegal plans; use network communication to harass others;

(5) To publish, transmit, spread, and store information which infringes legal rights such as intellectual property rights, trade secrets; transmit, spread, or in other ways to present pictures, photos, software or other material files which are protected by intellectual property law, unless you have corresponding rights, authority or have received all the necessary ratification;

(6) Other acts which are forbidden by laws and administrative laws.

You shall not engage in any activities which are to the disadvantages of Scan Clan. Except for explicit legal permission or written permission from Scan Clan, you should not engage in any activities which are unauthorized explicitly when you are using the Software, including but not limited to the following:

(1) To delete all Scan Clan’s information about copyright;

(2) To reverse engineering, reverse assembling, reverse compiling our software, or in other way to attempt to discover the Software’s source code;

(3) To retrieve, reproduce, modify, hook operation or create any derivative works of Scan Clan’s information (including but not limited to the Software or information stored in any End-Device when using Scan Clan and mutual information between You and the Software), the forms including but not limited to using plug-ins, extras or unauthorized third party’s tools/service access, interference and influence our software and related system;

(4) To restrict, forbid or in other ways interfere or affect others in using or enjoying service of Scan Clan (except for safety and protection tools such as parental control), including but not limited to release or transfer the following qualities of any information or software: including worm, virus, Trojan or other detrimental function, or generated flow capacity which is suffice to interfere with others’ use, dispatch or information retrieval;

(5) In any automatic ways to visit (or attempt to visit) Scan Clan, or violate prescribed rules in Scan Clan software and service’s related programs’ any robots.txt or similar files;

(6) To use, lease, lend, reproduce, modify, interlink, reprint, compile, issue, publish, establish mirror image website of Scan Clan’s relevant information;

(7) Any operation for manipulated or distorted purposes, or any operation possibly undermines integrity or veracity of Scan Clan’s any rating or comment;

(8) Other acts which are not explicitly authorized by Scan Clan.

If You conduct previous behaviours, You should bear the corresponding responsibilities independently while we bear no responsibility whatsoever. You should make compensation for any damages according to laws, and we will reserve the rights to seek legal remedies to recover damages and compensation, if any.

If You violating the agreement’s provision results damage to Scan Clan, which includes but not limited to any claims, requirements, or damages from any third party due to your behaviour, and our expend to dispose such matters, such as lawyer’s fee, you shall agree to compensate Scan Clan and protect Scan Clan from losses.

Any Content shared by You shall be subject to applicable laws and regulations and may be disabled, subject to a take down, or may be subject to an investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the applicable laws and regulations, these Terms of Use and/or the Privacy Policy, Scan Clan, at its sole discretion, shall have the right to terminate your account and/or block your feed or access to the Services.

Accounts, Passwords,And Security

You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Scan Clan for all activities that occur under your account. Scan Clan is not responsible whatsoever for any actions taken under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify Scan Clan immediately at customercare@spirikle.com.

Content In The Services –Infringement Claims

Scan Clan respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to customercare@spirikle.com:

A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has been allegedly infringed.
A description of the copyrighted work or other material being infringed.
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Scan Clan is capable of finding and verifying its existence;
The notifier’s address, telephone number, and email address.
A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.

A statement made under penalty of perjury that all the above information is accurate, and that the notifying party is authorized to act on the behalf of the copyright owner.

You agree that you are solely responsible for (and that Scan Clan has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Scan Clan may suffer) by doing so.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

Scan Clan’s Proprietary Rights and You

Unless you have agreed otherwise in writing with Scan Clan, nothing in the Terms gives you a right to use any of Scan Clan 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Scan Clan, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Payments

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. The Software Application may include ‘In-App Purchases’ that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-App Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-App Purchases can only be consumed within the Software Application. If you make a In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

These In-App Purchases maybe facilitated by In-App Coins. In-App Coins do not have an equivalent value in real currency and do not act as a substitute for real currency. Neither Scan Clan nor any other person or entity has any obligation to exchange In-App Coins for anything of value, including, but not limited to, real currency. You agree that Scan Clan may engage in actions that may impact the perceived value or purchase price, if applicable, of In-App Coins any time, except as prohibited by applicable law.

All purchases of Purchased In-App Coins are final and are not refundable, transferable, or exchangeable under any circumstances, except as otherwise required by applicable law. Scan Clan, in its sole discretion, may impose limits on the amount of In-App Coins that may be purchased, earned, accumulated, redeemed or otherwise used.

Except as otherwise prohibited by applicable law, Scan Clan, in its sole discretion, has the absolute right to manage, modify, substitute, replace, suspend, cancel or eliminate In-App Coins, including your ability to access or use In-App Coins, without notice or liability to you. You may not transfer, sell, gift, exchange, trade, lease, sublicense, or rent In-App Coins except within the Software and as expressly permitted by Scan Clan.

Except as otherwise prohibited by applicable law, Scan Clan reserves and retains all rights, title, and interest, property or otherwise, in and to the In-App Coins.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Software Application and are governed by that Application Store's own terms and conditions.

If you have any payment-related issues with In-App Purchases, then you need to contact the Application Store directly.

Termination Of Relationship With Scan Clan

Scan Clan may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of Scan Clan. Scan Clan holds the right to deny you Services without any express reason. Scan Clan may also terminate the relationship with you if Scan Clan is legally required to do so (e.g., when provision of Services provided by Scan Clan is, or becomes, unlawful); or if the partner(s) with whom Scan Clan offered the Services to you has terminated its relationship with Scan Clan or ceased to offer the Services to you; or the provision of the Services to you by Scan Clan is, in Scan Clan’s opinion, no longer commercially viable.

You’re free to stop using the Services at any time,[RC1] please refer to our Privacy Policy, as well as the licenses described herein, to understand how we treat information you provide to us after you have stopped using our Services. Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Exclusion Of Warranties

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "AS IS" and "AS AVAILABLE" and without warranty of any kind. In particular, Scan Clan, its subsidiaries and affiliates, and its licensors or suppliers do not represent or warrant to you that:

Your use of the Services will meet your requirements,
Your use of the Services will be uninterrupted, timely, secure, or free from technical errors,
Any information obtained by you as a result of your use of the Services will be accurate, reliable, or legal and
That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Scan Clan, or through or from the Services shall create any warranty not expressly stated in the terms.

Scan Clan further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Limitations of Liability

To the fullest extent allowed by applicable law, Scan Clan (and its licensors or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:

Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- Any changes which Scan Clan may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
- Your failure to provide Scan Clan with accurate account information;
- Your failure to keep your password or account details secure and confidential.

The limitations on Scan Clan’s liability to you above shall apply whether or not Scan Clan has been advised of or should have been aware of the possibility of any such losses arising.

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contact, strict liability, or otherwise) shall Scan Clan (or its licensors or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Scan Clan in connection with the services in the twelve (12) month period preceding this applicable claim.

Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Scan Clan, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Scan Clan’s Software may include third-party advertising and links to other websites and apps. Third-party advertising partners may collect information about you when you interact with their content, advertising, and services. Scan Clan uses the services of Google AdMob to provide you with advertisements.

The manner, mode, and extent of advertising by Scan Clan on the Services are subject to change without specific notice to you. In consideration for Scan Clan granting you access to and use of the Services, you agree that Scan Clan may place such advertising on the Services.

Scope of License

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

The Software is licensed, not sold. Scan Clan reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):

a) work around any technical limitations in the software that only allow you to use it in certain ways;

b) reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open-source components that may be included in the software;

c) remove, minimize, block, or modify any notices of Scan Clan or its suppliers in the software;

d) use the software in any way that is against the law or to create or propagate malware; or

e) share, publish, distribute, or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party.

Arbitration

Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Scan Clan and limits the manner in which you can seek relief from us. Both you and Scan Clan acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Scan Clan’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Arbitration Rules. Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Chandigarh, India. The arbitration will proceed in the English language, in accordance with the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation (Amendment) Act, 2015. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction in Chandigarh, India.
Waiver of Jury Trial. You and Scan Clan waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and Scan Clan are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Scan Clan over whether to vacate or enforce an arbitration award, you and Scan Clan waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth below.

Grievance Redressal

You may direct your grievances to customercare@spirikle.com. The content of the grievance must include the following information:

· The programme title, name or other identifier of the grievance

· The type of complaint: e.g.: classification of content, age related, the nature of the content itself.

· A short summary of the complaint or concern.

· Your name, email id and phone number where you may be contacted.

General Legal Terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals.

You and Scan Clan agree that the Terms constitute the complete and exclusive legal agreement between you and Scan Clan and govern your use of the Services (but excluding any services which Scan Clan may provide to you under a separate written agreement), and completely supersede and cancel any prior written and oral agreements, communications and other understandings between you and Scan Clan in relation to the Services and the subject matter of the Terms.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Scan Clan may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Scan Clan, and you do not have any authority of any kind to bind Scan Clan in any respect whatsoever.

You agree that Scan Clan may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if you or Scan Clan do not exercise or enforce any legal right or remedy which is contained in the Terms (or which you or Scan Clan have the benefit of under any applicable law), this will not be taken to be a formal waiver of you or Scan Clan’s rights and that those rights or remedies will still be available to you or Scan Clan.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the minimum extent necessary from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be in full force and effect and enforceable.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Scan Clan’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.