Last updated: February 2024
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and BP Mobile LLC (“we,” “us” or “our”), concerning your access to and use of the Website, available at https://iscanner.com/ (hereinafter, the “Website”).
All the documents that relate to the Website are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before using the Website.
It is important that you read and understand this Agreement as by using the Website you indicate that you have read, understood, agreed and accepted the Agreement. By using the Website you agree to abide by this Agreement.
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 and/or or use the Website and you must promptly discontinue accessing and/or using the Website.
Note that the present Agreement governs only the use of the Website and does not regulate the use of iScanner mobile Apps introduced on the Website (hereinafter, “iScanner Apps” collectively and “iScanner App” either for iOS or Android separately). Therefore, if you want to learn the rules and regulations applicable to iScanner Apps introduced on the Website, please visit the corresponding iScanner App Terms of Use and End User License Agreement.
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. 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 Website after the date such revised Agreement is posted.
In order to access and/or use the Website, you must reach the age of majority or legal age in your applicable jurisdiction (i.e. in most jurisdictions you must be at least eighteen (18) years of age or older).
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 access and/or use the Website, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Website, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Website; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any access and/or use of the Website by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Website by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) years is not permitted to use the Website.
Please also note that you may purchase a subscription on the Website, provide any payment details or card information only if you have reached the age of majority or legal age in the applicable jurisdiction.
You affirm that you have either reached the age of majority or legal age in the applicable jurisdiction, or you are 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 Agreement, and to abide by and comply with this Agreement.
The Website is developed for general information and promotional purposes. It contains numerous articles, including detailed descriptions of functionalities of iScanner Apps, tutorials, answers to FAQ regarding iScanner Apps, blog with useful notes and materials. The Website also provides a cloud storage service that allows users to save, store, manage and work with documents and files through a personal account created on the Website or via one of iScanner Apps (hereinafter, “iScanner account”). Visit the Website and explore its features.
The Website is intended for your personal non-commercial use. You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.
Your privacy is very important to us. 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 and use of the Website are subject to the Privacy Policy. By accessing and(/or) using the Website, 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 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 accessing and(/or) using the Website. Please read our Privacy Policy carefully.
By using the Website, you undertake to respect our intellectual rights (intellectual rights related to the Website’s source code, graphic design, user interface, look and feel of the Website, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the Website, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Website pursuant to this Agreement (the “License”).
You may use our Website solely for your own non-commercial purposes. You are bound to respect the copyrighted and trademarked material within the Website. You cannot sell pictures, articles, videos, or other materials available on the Website.
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Website are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to the Website and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of BP Mobile LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the License herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Website or mentioned herein may also be the trademarks of their respective owners.
User files. You retain ownership and full control with respect to all files and documents associated with your iScanner account (hereinafter, “User files”). However, note that if you choose to delete your iScanner account via the settings on the Website or one of our iScanner Apps, all User files associated with your iScanner account will be deleted and you’ll no longer have an opportunity to restore them. You may also choose to delete specific User files associated with your iScanner account, in this case you also will not be able to restore such files.
You agree not to use the Website in any way that:
You shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Website or any documentation concerning the Website.
You shall not transfer, lend, rent, lease, distribute the Website, or use it for providing services to a third party, or grant any rights to the Website or any documentation concerning the Website to a third party.
Misuse of any trademarks or any other content displayed on the Website is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Website, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the Website or part thereof for malicious intentions.
Also we are not responsible for the way you use the Website.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
In order to use the Website, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.
We do not warrant that the Website will be compatible with all hardware and software which you may use.
We make no warranty that your access to the Website will be uninterrupted, timely or error-free.
You acknowledge that the Website is provided via the Internet, therefore, the quality and availability of the Website may be affected by factors outside our reasonable control.
We may add new features to the Website, change, update, upgrade, modify it or anything described in it without noticing you. If the need arises, we may suspend access to the Website, or close it indefinitely.
You also warrant that any information that you submit or send us via the Website is true, accurate and complete.
If you decide not to use the Website for any reason you should stop accessing the Website.
Note that this Section “IX. CHARGES. RULES FOR PURCHASING SUBSCRIPTIONS ON THE WEBSITE” contains only the terms and conditions applicable to the purchase of subscriptions on the Website. If you want to learn the rules and regulations for subscriptions that may be purchased via one of the iScanner Apps, please review the corresponding iScanner App (for iOS or Android) Terms of Use and End User License Agreement.
Available subscription plans. To view the descriptions and prices applicable to the subscription plans available for purchase on the Website, create an iScanner account on the Website/Sign In to your existing iScanner account, in the upper right corner tap the account name (where your email is displayed), then select ”Subscriptions” section.
The subscription plan you have chosen will be activated right after the successful completion of the payment process or your relevant confirmation (for subscriptions with a free trial period). After the purchase of subscription on the Website you may use the premium web version, however, in order to take full advantage of all the subscription features we also recommend you to install one of our iScanner Apps (for iOS or Android) and Sign In to your iScanner account that you used to purchase subscription on the Website.
Prices. We reserve the right to change the list of offered subscription plans available for purchase on the Website and their prices, so please check the “Subscriptions” section of your iScanner account on the Website regularly for additional information and updates. If you have already purchased an auto-renewable subscription on the Website at a certain price, such price will generally remain the same (subject to some deviations due to currency fluctuations), unless we notify you otherwise by email or using other reasonable means of communication. When you purchase a subscription on the Website, you’ll have an opportunity to select the applicable payment currency. Therefore, please note that with each subsequent withdrawal of funds from your account the relevant payment processor will automatically convert the payment based on your selected currency to the currency our bank account uses (“settlement currency”) using the mid-market exchange rate applicable by such payment processor at the time of charge. For this very reason the amounts of subsequent withdrawals in your selected currency may differ from the amounts that were withdrawn in the previous billing periods, depending on currency fluctuations.
Free trial period. Some subscription plans presented on the Website are available with a free trial period. The duration and expiration date of the free trial period will be indicated on the payment screen for the corresponding subscription plan. Subscription with a free trial period will automatically renew to a paid subscription after the trial ends. Please mind that you will be charged automatically unless you cancel your subscription with a free trial period before the trial period ends.
Auto-renewals. All subscriptions available for purchase on the Website are auto-renewable. It means that after the billing period for the corresponding subscription plan is expired, such subscription plan will be automatically renewed (monthly, yearly, within another applicable period), and you will be charged automatically on an ongoing basis unless you cancel your subscription (turn off subscription auto-renewal) via your iScanner account on the Website.
Please be aware that the deletion of your iScanner account and/or removal of iScanner App(s) from your device(s) does not deactivate or cancel your subscription purchased on the Website. See the instructions provided below to learn more about subscription cancellation.
Subscription cancellation. To cancel a subscription purchased on the Website, please use the following instructions: Sing In to your iScanner account > in the upper right corner tap the account name (where your email is displayed) > select “Subscriptions” section > find and click the relevant cancellation button (“Cancel Subscribe” or analogous) near the active subscription plan. These instructions will also be relevant if you decide to cancel a subscription before the free trial period expires (if trial period is applicable). The cancellation of your subscription will apply to the next billing period. If you decide to cancel the subscription, make sure that you have canceled it at least 24 hours prior to the end of the current billing period or the free trial period to prevent unwanted charges. Such early cancellation (at least 24 hours before the expiration of the current billing period or the free trial period) is necessary in order to ensure that all cancellation requests are effectively processed and satisfied.
Please bear in mind that all subscriptions purchased on the Website (including cancellation, dispute resolution, other issues related to such subscriptions) can be managed only via your iScanner account on the Website or using the communication channels specified in the present Section IX of the Agreement. You cannot control subscriptions purchased on the Website using iScanner App(s).
Payment processing. The payments for subscriptions available on the Website are processed using the services of third party payment system providers (Stripe, PayPal). The applicable third party payment processor will depend on and be determined on the basis of the payment method you choose when you purchase a subscription. To learn more details about processing of your payment information, review our Privacy Policy.
Refunds, communication channels and dispute resolution. As a general rule we do not provide refunds for subscriptions you purchase on the Website unless your right to a refund is conspicuously and imperatively prescribed by the law applicable in your jurisdiction. Therefore, if you reasonably believe that you are eligible for a refund in accordance with applicable law, please send us a corresponding request using Contact Us form available through your iScanner account on the Website (to access the specified Contact Us form Sing In to your iScanner account > in the upper right corner tap the account name (where your email is displayed) > select “Contact Us” section). You may also send us identical, similar or other requests directly to the email of our support team ([email protected]) or using this contact form. Your request will be considered within a reasonable period of time.
Chargebacks. If you believe that you have been erroneously charged for a subscription, or if you wish to dispute a charge for any reason, please contact us using the communication channels specified above before pursuing a chargeback. We will do our best to directly resolve any billing issues in an efficient and fair manner. If you initiate a chargeback process, we reserve the right to challenge such chargeback if we reasonably believe that it is fraudulent and/or has no legal grounds. Additionally, if your chargeback is accepted and you receive the returned funds, your subscription may be either permanently revoked (if we decide not to challenge the chargeback) or temporarily suspended (if we decide to challenge the chargeback, our defense is accepted and the chargeback is reversed). Note that the subscription period during which your subscription was suspended due to the chargeback process will be forfeited and will not be reimbursed to you.
You also hereby acknowledge and agree that initiating a fraudulent chargeback constitutes a violation of the present Agreement, and we may take appropriate legal actions to recover any outstanding fees or costs associated with your subscription.
The Website 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 Website exists (unless we are the provider of those linked websites or mobile applications). Such linked third party 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 sole responsibility for and assume all risk 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.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS 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.
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.
WE ARE NOT LIABLE FOR ANY DAMAGES AND/OR LOSSES THAT MAY OCCUR AS A RESULT OF SOMEONE ELSE USING YOUR CREDENTIALS TO ACCESS YOUR ISCANNER ACCOUNT AND/OR DATA, USER FILES ASSOCIATED WITH YOUR ISCANNER ACCOUNT WITHOUT YOUR KNOWLEDGE AND EXPRESS CONSENT.
You must represent and warrant that (i) you are not 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.
We make no representations that the Website is appropriate or available for use outside of the USA. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the Website from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website and the Services provided by the Website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Website.
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.
We reserve the right to respond to your requests, questions, commentaries or suggestions. For these purposes you can contact us via “Contact us” form available on the Website or reach us at [email protected].
Copyright © 2018-2024 BP Mobile LLC
