Terms and Conditions
Welcome to Scanner IO! We have worked hard to make these General Business Terms and Conditions as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: firstname.lastname@example.org.
Scanner IO is provided by Vacentras Uab (hereinafter, as permitted/required by context, “we”, “our”, “us” or “Vacentras”).
Now let us introduce Scanner IO. The Scanner IO team has developed high quality and easy to use scanner apps for iOS. In a nutshell, Scanner IO allows users to take a picture of any type of document or object , store it as a PDF or JPG file and transfer it via e-mail or fax, as well as save it to one of the supported cloud services. The complete overview of the apps (hereinafter “Apps”, "Scanner IO" or “Scanner IO Apps”) is available on our website under the following URL: http://scannerio.com
1.1. These General Business Terms and Conditions (hereinafter “GTC”) plus potential Special Business Terms and Conditions (hereinafter “STC”) as defined in section 1.4 below constitute the sole and exclusive legal basis for Consumers and Businesses (hereinafter “You”) to access and use Scanner IO.
1.2. Under § 13 BGB [Buergerliches Gesetzbuch – German Civil Code], Consumers are natural persons who enter into a legal transaction for a purpose that cannot be ascribed either to their commercial or to their independent professional activities. Minors under the age of 14 may not use Scanner IO without the permission of their parents or guardians.
1.3. Under § 14 BGB, Businesses are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.
1.4. For certain applications or services within the Scanner IO Apps, it may become necessary for Vacentras to agree on additional Special Business Terms and Conditions (“STC”) with you. These conditions will supplement the existing GTC, but can also deviate from them. In the event that they differ, the provisions of the STC shall take precedence over these GTC. We will, of course, give timely notice to you of the necessity of agreeing on STC prior to use.
1.5. In addition to any GTC and STC, additional terms of the relevant distribution platform (e.g. iTunes or Google Play) may apply for your purchase and download of the Apps; in the event of any conflict between the GTC/STC and such additional terms, the GTC/STC take precedence.
1.6. To the extent that third parties (hereinafter “Partner Companies”) offer you services using Scanner IO, the respective Partner Companies are solely responsible for such services. We will inform you in a timely manner prior to such use that you are using offerings by Partner Companies for which the Partner Companies may possibly have their own general business terms and conditions.
1.7. These GTC are available on the Scanner IO website as well as within the Apps under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices.
2. Subject Matter of the Agreement and Services
2.1. The subject matter of this agreement is the provision of the App “Scanner IO” for capturing, saving and transferring PDF or JPG-scans. Scanner IO allows you to capture a picture of any kind of document or object and save it as a PDF or JPG file. The file can then be used by other apps on the respective device, printed or transferred, e.g. via e-mail or fax, as well as archived to one of the supported cloud services.
2.2. The scope of features is defined in the respective product description. The features of the respective Scanner IO apps vary per operating system, device and app version. In particular, the paid version “Scanner IO Pro” contains additional features, which are not included in the free versions. In the future, the Apps may comprise further services. In this case, we may provide you with additional terms and conditions.
2.3. The use of “Scanner IOPro” is subject to an one-time fee to be paid prior to download. The use of “Scanner IO” is free of charge. You may, however, purchase additional features or upgrade the “Scanner IO” version of the app to “Scanner IOPro” against payment of an one-time fee as in-app purchase.
2.4. Additionally, you can purchase so-called „Credits” within the app. Credits enable you to send scanned documents by fax directly from within the app. By sending a fax, the number of Credits purchased by you as shown before sending will be deducted from your overall number of Credits. These GTC shall apply accordingly for the purchase of Credits.
2.5. If you send a fax using the App, our service consists in the attempt to transfer your message to the dial number specified by you. If the transmission is unsuccessful due to reasons for which we or our vicarious agents are not responsible, the service is deemed to have been rendered by Vacentras. This applies, in particular, if the dial number is incorrectly specified by you.
2.6. We may offer you the opportunity to purchase services from Partner Companies or third parties. Upon accepting offers of this type, a contractual relationship arises exclusively between you and the respective Partner Company or third party. We do not assume any responsibility whatsoever for the performance or services rendered by these Partner Companies or third parties in general. You will be informed in due time during registration for the respective service if there are any fees associated with the use of such services.
2.7. Your Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use Scanner IO are not the subject matter of these GTC. Thus, in order to be able to use Scanner IO, you must ensure under your own responsibility that Internet access and all other technical devices required are in place and must bear related fees yourself.
3. Conclusion of the Agreement
3.1. The agreement on the purchase of the App in the version “Scanner IO Pro”, including the granting of usage rights to the App, shall be concluded, when you, on the product description page in the relevant App Store, first click the button with the price applicable for the App and then the “Buy” button and enter your password for the relevant App Store, if applicable. Up to the click on the button “Buy” you are able to modify or cancel your order at any time.
3.2. The agreement for the provision of the App in the free version “Scanner IO”, including the granting of usage rights to the App, is concluded, when you click on the button “Install” which is placed on the product description page at the respective App Store.
3.3. During in-app purchases, the agreement shall be concluded, when you select the relevant product within the App and then click the “Buy” button of the payment function offered by the relevant App Store.
3.4. The agreement can be concluded in German or English language.
4. Your Rights and Obligations
4.1. You shall use the Apps solely in compliance with applicable law, these GTC and potential STC, if applicable. In particular, you must ensure that the information you disseminate or make publicly accessible via or in the context of the Apps (i) does not violate the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) does not violate applicable law (e.g. child protection legislation) in any other way. If and as far as data or content entered, disseminated or made publicly accessible by you involves personal data of third parties, you shall be responsible for obtaining the consent of the affected individuals. You shall not spy on or impede other users while using the Apps, nor use the Scanner IO Apps and/or related services for anything other than their intended purposes or in any way which disrupts or overburdens its technical operations. In particular, the Scanner IO App may not be used for any of the following:
a) Disseminating content or making content publicly accessible that contains programs or files which could damage the hardware or software of Vacentras or other Users (e.g., viruses, worms, Trojans and the like)
b) Disseminating content that is harassing, defamatory, threatening, obscene, hate-inciting, racist or in any other way legally objectionable by email or by other means or making such content publicly accessible
c) Pretending to be another person, e.g. a representative of Vacentras or someone who is, in any other way, responsible for the Scanner IO Apps or any services associated with them, or falsely laying claim to a relationship to such persons
d) Falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services
e) Disseminating content by email or by other means or otherwise making content publicly accessible for which you have no right to transmit (e.g. based on a duty to maintain confidentiality, or the like)
f) Disseminating content by email or by other means or otherwise making content publicly accessible that violates the rights of third parties, in particular patents, trademarks, and copyrights, including the rights of photographers, film-makers, composers and interpreters of musical works, etc., business secrets or other proprietary rights
g) Disseminating by email or by other means commercial advertising, junk mail, unsolicited mass email (“spam”), chain letters or pyramid schemes or otherwise making these publicly accessible
h) Using our services and/or the Scanner IO App for or in the context of any unlawful activity
i) Disrupting the service’s technical operations or interrupting the normal flow of communications
j) Interfering with any of our services or related servers and networks, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.
4.2. You are solely responsible for ensuring the proper security of the content you have created with the Scanner IO app and/or made public, stored, transmitted or received in connection with the services; we are not responsible for the operation and/or accessibility of third party cloud storage services you may use to store your data captured with the Scanner IO apps.
5. Uploaded Files
5.1. You agree that any files or data uploaded or transferred by you via Scanner IO shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
5.2. You shall comply with the applicable terms of any third party cloud hosting service you may use to store any of the data captured with the Scanner IO apps.
6. Granting of Rights
6.1. Vacentras grants you a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the Scanner IO Apps as provided to you by Vacentras in accordance with this agreement.
6.2. You may use copies of the Scanner IO Apps only to the extent required for the contractual use of the software. You may not lease the Scanner IO Apps to any third party or otherwise make it temporarily accessible to any third party with or without any fee.
7.1. You hold Vacentras harmless from all claims, including claims for damages, that other Users or any other third parties, including public agencies (“Third Parties”), assert against Vacentras on account of a violation of their rights by the content uploaded by you in or with the help of Scanner IO. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to Vacentras as a result of your violation of the rights of other Users or Third Parties. All further rights as well as claims for damages on the part of Vacentras shall remain unaffected. You have the right to prove that Vacentras actually incurred lower costs.
7.2. The above duties shall apply only to the extent that you are responsible for the infringement in question; that is, insofar as you have knowingly and intentionally committed this act or have ignored the standard of due care required in normal business practice.
8. Payment and Invoicing
8.1. The provision of the free version „Scanner IO” shall be free of charge.
8.2. In all other cases, you shall pay Vacentras the fee agreed upon during conclusion of the Agreement in the relevant App Store. Payment falls due prior to download of the Apps.
8.3. All payments and prices are understood to include the statutory value-added tax currently in effect at the time, unless specifically noted at: http://scannerio.com.
8.4. Invoices will be issued electronically. You hereby consent to the electronic issuance of invoices.
9.1. For the free version “Scanner IO”, Vacentras offers warranty in accordance with the applicable legal provisions.
9.2. Furthermore, Vacentras warrants that the Scanner IO Apps have the characteristics and functionalities set forth in the product description on the relevant distribution platform. You shall immediately inform Vacentras by email of any defect.
9.3. Vacentras does not offer any warranty for errors you have caused by damaging or incorrectly operating the Scanner IO Apps. A warranty shall also not exist if you or a third party have modified the Scanner IO Apps, unless you are able to prove that the defect was already present in the unmodified Scanner IO App as provided by Vacentras.
9.4. The User shall assist Vacentras without compensation in the elimination of the defects, and shall, in particular, furnish it with all necessary information, documentation, etc. that Vacentras requires for the analysis and elimination of the defect.
9.5. Furthermore, you shall be entitled to the statutory warranty rights.
9.6. If you are a business, your warranty claims shall expire one year after the transfer of perils.
10.1. For the provision of the free version “Scanner IO”, Vacentras is liable in accordance with the applicable legal provisions.
10.2. Notwithstanding the foregoing, Vacentras shall bear unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
10.3. In cases of slight negligence, Vacentras is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation, the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly relies on.
10.4. The liability according to Section 10.3 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.
10.5. You undertake to regularly back up the data stored via the App, to the extent possible. In the event of data loss, the liability of Vacentras under Section 10.3 shall be limited to the costs that would have occurred had you performed appropriate data backup.
10.6. In the event of data loss Vacentras’s liability according to Section 10.2 shall be limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.2.
10.7. The limitations of liability apply correspondingly to employees, representatives and vicarious agents of Vacentras.
10.8. Any liability of Vacentras for warranties expressly indicated as such and for claims due under the Product Liability Act shall remain unaffected.
10.9. Apart from that, any liability of Vacentras shall be excluded.
10.10. Vis-à-vis Businesses, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out. If the user is a consumer, the relevant statutory provisions on the statute of limitations for claims apply.
11.1. Explanations or notices to you will be published by Vacentras via the Apps or will be sent to you by email.
11.2. You are asked to report violations of your copyrights to Vacentras’s legal department. In the process, Vacentras requests the following information to be made available:
a) an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right
b) a description of the copyright protected work with respect to which rights were infringed, in your opinion
c) a description of where the material is located that, in your opinion, infringes on copyrights
d) your address, telephone number and email address
e) a declaration that, to the best of your knowledge and belief, the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law
f) a declaration in lieu of an oath that the foregoing information is truthful and that you are the holder of the copyrights or are authorized to act in the name of the copyright holder.
11.3. You can reach the Legal Department via email to: legal@Scanner IO.io
12. Right of withdrawal for consumers
If you are a consumer, you have a right of withdrawal in accordance with the following instruction:
Right of Withdrawal
You have the right to withdraw from this Agreement without stating any reason within fourteen days.
The withdrawal period shall be fourteen days from the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the goods. In the event of an agreement on several goods, which you have ordered within the framework of a standard order and which are delivered separately, the period shall begin on the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the last item.
To exercise your right of withdrawal, you must inform us (Vacentras Uab, email@example.com) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.
To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund.
13. Complaints procedure
13.1. The EU Commission provides an online platform for online settlements (iOS platform). It can be accessed at http://ec.europa.eu/consumers/odr/. Vacentras is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.
14. General Provisions
14.1. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules, shall apply. This does not apply for consumers with regard to such provisions, which – according to the law applicable if this clause would not exist (which is in general the law of the Consumer´s primary residence) – are legally compulsory and cannot be waived by parties´ agreement.
14.2. If you are a Consumer and do not have a place of residence in Germany or in another EU Member State, or if you move your permanent residence abroad after the effective date of these conditions, or if at the time a complaint is filed your residence or customary abode is unknown, Vacentras’s registered office shall be the exclusive place of jurisdiction for all disputes arising under these GTC.
14.3. In the event of legal disputes with Businesses, Bonn, Germany is agreed upon as the sole place of jurisdiction.
14.4. If individual provisions of these GTC are or become ineffective, and/or conflict with provisions of law, the validity of the remainder of the GTC shall not be otherwise affected. The contractual parties shall replace the ineffective provision by mutual agreement with a provision that comes as close as possible to the intent of the ineffective provision. This shall apply accordingly to gaps.