Terms and Conditions of Scanner Lens
Last updated: Feb 24, 2021
These Terms govern
• the use of this software Application, and,
• any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
Users must read this document carefully.
Although the entire contractual relationship relating to this Application is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
If Users do not agree with (do not accept) this document, or if Users do not agree at least with one of the provisions of this Agreement, Users are not authorized to, and may not access, download, install or use the Application and Users must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in possession or under control.
This Application is provided by:
AtlasV Singapore Pte. Ltd.
Owner contact email: firstname.lastname@example.org
What Users should know at a glance
• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
Content in this Application
Unless where otherwise specified or clearly recognizable, all content available in this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided in this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding the content in this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Application.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available in this Application, nor allow any third party to do so through Users or their devices, even with Users' knowledge.
Where explicitly stated in this Application, Users may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Removal of content from parts of this Application available through the App Store
If the reported content is deemed objectionable, it will be removed within 48 hours.
Access to external resources
Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Application and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Services violates no applicable law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Services, terminating contracts, reporting any misconduct performed through this Application or the Services to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to violate any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
• pretending to fulfill any possible condition or requirements for accessing this Application and/or using the Services, such as being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of their messages or the content posted;
• defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior in this Application;
• probing, scanning or testing the vulnerability of this Application, including the services or any network connected to the Application, nor breaching the security or authentication measures in this Application, including the services or any network connected to this Application;
• installing, embedding, uploading, or otherwise incorporating any malware into or via this Application;
• using this Application or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way (for example: for spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden in this Application or the Services;
• pretending to purchase any Services offered via this Application without any real intent to do s
• failing to pay for Services purchased;
• instigating other Users to complete a transaction started in this Application outside of this Application in order to save any applicable service fees;
Excessive use of the Service
• using a resource of this Application excessively in relation to other Users of this Application – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User's account or limit the related activity until the User reduce the excessive consumption;
• adopting any automated process to extract, harvest, or scrape information, data, and/or content from this Application and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;
• disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly, or indirectly, hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create unjustified alarm;
• using this Application to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark, or copyright law, unlawfully and without the legitimate right-holder’s consent;
• using this Application to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to the state, military, trade, or professional secrets and personal data;
• publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, etc.;
• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts in this Application or by any other means;
• using any information relating to other Users, including personal or contact data, for purposes other than those this Application is intended for;
Commercial use restrictions
• registering or using this Application in order to promote, sell or advertise products or services of any kind in any way;
• indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Application or that this Application has endorsed the User, the User’s products or services or any third party's products and services for any purpose;
Children's use restrictions
This Application is not intended for children under the age of 18.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use this Application, so if the Users are between the ages of thirteen (13) and seventeen (17) years and the Users wish to use download, install, access or use the App, before doing so the Users must: (a) assure and confirm (if needed) that their parent or guardian have read and agree (get their parent or guardian’s consent) to this document prior to using this Application; (b) have the power to enter a binding contract with the Owner and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of this Application by minors.
Any User under the age of thirteen (13) years is not permitted to download, install, access, or use the App.
Users affirm that they are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this document, and to abide by and comply with this document.
TERMS AND CONDITIONS OF SALE
Some of the Services provided on this Application, as part of the Application, are provided on the basis of payment.
The fees, duration, and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Application.
Prices, descriptions, or availability of Services are outlined in the respective sections of this Application and are subject to change without notice.
While Services in this Application are presented with the greatest accuracy technically possible, representation in this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.
The characteristics of the chosen Services will be outlined during the purchasing process.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by Users.
Purchase via the app store
This Application or specific Services available for sale in this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties' terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Performance of services
The purchased Services shall be performed or made available within the timeframe specified in this Application or as communicated before the order submission.
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner.
Failure to do so may cause service interruptions.
Billing cycles are set either on a weekly, monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Subscriptions handled via Apple ID
Users may subscribe to a Service using the Apple ID associated with their Apple App Store account by using the relevant process in this Application. When doing so, Users acknowledge and accept that
• any payment due shall be charged to their Apple ID account;
• subscriptions are automatically renewed for the same duration unless Users cancel at least 24 hours before the current period expires;
• any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
• subscriptions can be managed or canceled in the Users’ Apple App Store account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
In the case of service subscription, the Owner may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If Users do enter their billing information when signing up for the Free Trial, Users will not be charged by the Owner until the Free Trial has expired. On the last day of the Free Trial period, unless Users canceled their Subscription, Users will be automatically charged the applicable Subscription fees for the type of Subscription they have selected.
At any time and without notice, the Owner reserves the right to (i) modify the Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Right of withdrawal
Unless exceptions apply, Users may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
• Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into unless the Users have waived the withdrawal right.
• In case of purchase of digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into unless the Users have waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the Users’ decision to withdraw from the contract. Unless otherwise agreed with the Users, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the Users shall not incur any costs or fees as a result of such reimbursement.
Effects of withdrawal on the purchase of services
Where Users exercise the right of withdrawal after having requested that the Services be performed before the withdrawal period expires, the Users shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the Users withdraw, compared with the full coverage of the contract.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing Users appropriately.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Services without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Application are and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform Users of these changes.
Such changes will only affect the relationship with Users for the future.
The continued use of the Service will signify Users' acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to Users' acceptance. Users can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking Users' legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if Users qualify as a European Consumer and have their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Services, Users are kindly asked to contact the Owner at the contact details provided in this document.
Users may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Definitions and legal references
The property that enables the provision of the Services.
Any legally binding or contractual relationship between the Owner and Users, governed by these Terms.
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Example withdrawal form
AtlasV Singapore Pte. Ltd.
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
• Ordered on: _____________________________________________ (insert the date)
• Received on: _____________________________________________ (insert the date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Services to Users.
The service provided by this Application as described in these Terms and in this Application.
All provisions applicable to the use of this Application and/or the Services as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.