Terms of Service

Effective Date: 03.14.2023

These Terms of Service (“Terms'') govern your access to and use of Scanr software application for mobile devices (the “App”) and related services (“Services''), which are owned and operated by Bear Labs LLC (“Bear Labs LLC” “we” or “us”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. Please read these Terms carefully before you access the App or Services, as these Terms form a binding legal agreement between you and Bear Labs LLC.

Your use of the Services is also subject to the Privacy Policy located at Bear Labs LLC, which is hereby incorporated by reference into these Terms of Service.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

1. Changes to This Agreement

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason without further notice. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

2. General Terms

The App is a utility program designed to allow users to scan any type of document to high-quality PDF or JPEG; edit documents; save and store any scan copies of documents on mobile devices; to share scans via email, fax, etc. (see the full performance list on the App’s page on Google Play Store and App Store). All documents shall be stored locally on your device and shall never be sent to any third party unless you export them to other apps or devices by means of the App.

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above

3. Your Account

Certain features of Scanr you use may need you to create an account. When you create your account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account and password confidential and that you do not disclose or share it to any third party. You may not share your account and password in any way or with anyone. You shall be fully responsible for all actions under your account, and any information uploaded, produced, shared or any actions taken through your account shall be considered as your own actions.

4. Age Restrictions

In order to download, install, access, or use the App, you must be thirteen (13) years of age or older. By using the Service, you affirm that you are at least 13 years of age (or have reached the age of majority if that is not 13 years of age where you live) or that you have reviewed the Terms of Service with your parent or guardian and he or she assents to the Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

5. About Subscriptions

The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires paid subscriptions. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to the basic functions of the App. Premium options are available during the whole free trial period.

When using the App, you can choose different subscription options. Subscription prices are in U.S. dollars, may vary in countries other than the U.S., and are subject to change without notice. You will have all the necessary information about your subscription plan and the duration of the free trial period on the signup screen before the purchase.

Subscriptions with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes or Play Store Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes or Play Store Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription. If you would prefer to opt out of this service, please contact us at [email protected]

6. Intellectual Property Rights

We are the lawful owners of and/or lawfully entitled to use any and all the intellectual property rights (including but not limited to trademarks, copyrights, and patents) to our brand and our Software (collectively, "Our Content"). You may use Our Content and/or our intellectual properties, only if you have obtained prior express written consent from us. Without prior express written consent from us, you may not, and shall not assist any third party to (a) use, reproduce, publish, release, copy, modify, forward, translate, spread, or distribute any Our Content or any part thereof; or (b) lease, lend, sell, sub-license, transfer, or otherwise dispose of any Our Content or any part thereof, or any of your rights relating to Our Content.

You may not, and shall not assist or encourage any third party to, reproduce, reverse engineer, decompile, disassemble, or create any derivative works from our Software, unless otherwise expressly approved by us in writing.

This Agreement does not transfer any intellectual property rights nor give either Party the rights in the intellectual property of the other Party unless otherwise stated in writing.

7. Limited License

Bear Labs LLC grants you a personal, limited, non-transferable, non-exclusive license to use Scanr App content and the Services, solely for your personal, private, and non-commercial use in connection with the Scanr Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users to access our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from Scanr Services except with the prior written approval of Bear Labs LLC.

Furthermore, without the prior written approval of Bear Labs LLC, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of App content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the App. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Scanr Services you are using.

Making unauthorized copies or distributing of App content may result in the termination of your Scanr account, prohibition on the use of Scanr Services, and further legal action.

8. Prohibited Activities

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet.

You further understand and agree that you are solely responsible and liable for the way you use the App.

We are not obliged to monitor your use, access, and content but have the right to do so to make sure that the Service is used appropriately and in compliance with all laws national and international. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

9. Availability, Security, and Accuracy

We make no warranty that your access to the App will be uninterrupted, timely, or error-free. Neither does Apple have an obligation whatsoever to furnish any maintenance and support services with respect to the App

You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

10. Text Recognition Technology (OCR)

Please be aware that not all handwritten notes can be ideally recognized by OCR technology. Low contrast, low quality scans, skewed pages, super small fonts, notes that contain unknown symbols can reduce OCR accuracy. Camera angles, distortions, or lighting can also affect the quality of OCR output. In some cases you will need to check and correct the text after it has gone through the original recognition process.

11. Third Party Websites and Resources

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

12. DISCLAIMER OF WARRANTIES

YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK. THE APP, ALL APP INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR BREACHES OF INDIVIDUAL’S PRIVACY AS A RESULT OF YOUR MISUSE OF THE APP.

WE DO NOT WARRANT A 100% QUALITY AND ACCURACY OF SCANS YOU MAKE WITH THE HELP OF THE APP.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, BEAR LABS LLC’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

13.Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF OUR SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

14. Governing Law

These Terms are governed by, and construed in accordance with the laws of the State of Ohio,USA. The parties submit to the exclusive jurisdiction of the courts of the State of Ohio for any proceedings in connection with these Terms.

15. Binding Arbitration and Class Action Waiver

15.1. Initial Dispute Resolution:

You can email [email protected] to address any concerns you may have regarding the Service. Our customer service will try its best to resolve most issues and troubleshoot most problems with the service quickly to our customer’s satisfaction. Both parties will enter into a good faith negotiation to settle any dispute, issues, claims or disagreement in using the service before initiating a lawsuit or arbitration.

15.2. Class Action Waiver:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND Bear Labs LLC/Scanr AGREE THAT EACH SHALL ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Bear Labs LLC/Scanr agree, no arbitrator or judge shall consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

16. Privacy

We value the privacy of our users. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use, and store information including personal data. Access to the App and use of the Services is subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as the appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

17. Termination:

You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and permanently remove access to the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter and/or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service. In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users from accessing and using the Service.

18. Severability

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

19. Contact Us

If you have any questions or concerns about this Agreement or if you want to exercise your rights, please contact us via email at [email protected]