Uva Software Terms of Service

The Terms of Service (“ToS”) described here form a contract between you (individual and entity you may represent) and Uva Software, LLC (“Company”,“us”, “we”, or “our”) the makers of the scanii website and the service available from the scanii website (“Service”). We proudly provide the Service to you subject to the following terms, which may be updated by us from time to time without notice to you.

By accessing the scanii website and the Service (free trial or paid subscription), you accept and agree to be bound by the terms and provision of the ToS. Any violation of these terms may result in us exercising our right to terminate your account or suspend access to your account without notice. At all times, you can access a copy of the ToS at http://docs.scanii.com/tos.html.

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 the Company 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.

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 the Company 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. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Refunds, Upgrades and Downgrades

  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 in 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. The Company reserves the right to refuse service to anyone for any reason at any time.

  5. The Company 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. The Company reserves 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. The Company shall not be liable to you or to any third party for any modification, fee change, suspension or discontinuance of the Service.

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. The Company agrees 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.

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 the Company.

Commercial Reuse

Use of our Service to process content submitted by your customers is an awesome and acceptable use of our Service. In fact, it is the purpose of our product. However, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the scanii web site (including Content, Advertisements, and Software) beyond the processing of content submitted by your customers without express, written consent by the Company.

Data Ownership

  1. The Company 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.

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.

Additional Terms

  1. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  2. The Service is non-transferable and any rights to your account or contents within your account terminate upon your death.

  3. 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 govern 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).

  4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  5. You and the Company each agree that the Terms of Service and the State of Arizona 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 Maricopa County, Arizona or in a U.S. District Court of Arizona. You and the Company agree to submit to the personal jurisdiction of the courts located within the county of Maricopa, Arizona 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.

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 express 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

The Company will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Service, whether or not the Company is advised of the possibility of such damages. You acknowledge and agree that the Company’s maximum liability to you will not exceed the amount you have paid to the Company in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

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.

Last updated on 01/15/2019.