Please read these Terms of Service (“Terms”) before you purchase, download, install, or use the SmartScanner website and contents, Windows application, and customer care (“SmartScanner” or the “Services”).
These Terms are offered by Smart Web Security (“we”, “us”, “our”), the provider of SmartScanner (“SmartScanner”) and you accept these Terms by clicking an “agree” or similar button, where that option is provided, or if you purchase, access, download or use the SmartScanner. By accepting these Terms, you enter into an agreement with us and you agree, without reservation to be bound by these Terms and our Privacy Policy.
If you do not agree with these Terms, please do not purchase and/or download, install and use the SmartScanner.
These Terms apply to any licenses granted to you by us for the use of the SmartScanner.
Eligibility
SmartScanner is only for people 13 years old and older. By using SmartScanner, you affirm that you are over 13. If you are accepting these Terms and using SmartScanner on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Permitted Use and Restrictions
We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the SmartScanner for the agreed period (“Subscription Term”) strictly in accordance with these Terms.
- In order to be able to install the SmartScanner and receive updates and upgrades, your computer shall have access to the Internet and shall meet the system requirements described on the website that can be found at https://www.TheSmartScanner.com/docs/
- You may use the SmartScanner Professional edition on one computer only otherwise agreed with us.
- You shall use the SmartScanner in accordance with applicable laws and shall not:
- License, sublicense, sell, rent, lease, lend, rent, assign, transfer, provide, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the SmartScanner or make the SmartScanner available to any third party.
- Modify, adapt, translate, or make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the SmartScanner.
- Remove, alter or obscure any proprietary notice or marks (including any notice of copyright or trademark) of the SmartScanner.
- Use or access the SmartScanner in order to build a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study involving the SmartScanner.
- Use the SmartScanner for or in conjunction with, or initiate security scanning of, any web domain (or part of a domain) that has any content that may be adult in nature (e.g. tobacco, firearms, alcohol), obscene, pornographic, abusive, offensive, profane, or defamatory.
- Use the SmartScanner to scan any third party website or web application without such third party’s prior written consent.
- Violate any applicable laws or regulations or any rights of any third party in connection with the use or access of the SmartScanner.
We reserve all rights and licenses not expressly granted to you in these Terms, and no implied license is granted to you.
YOU ACKNOWLEDGE THAT THE WE MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE SUBSCRIPTION TERM AND/OR IN THE EVENT OF YOUR USE INCONSISTENT WITH THESE TERMS.
Payment and Refunds Terms
If you wish to use SmartScanner Professional or any other Services we offer for a fee, you must pay the applicable fees for the subscription term for your access to the Services or SmartScanner. Subscription terms are subject to yearly fees unless otherwise agreed with us. All fees are payable in advance and are non-refundable. All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
Modifications to the Services and Prices
We reserve the right at any time, with or without notice, to modify or discontinue the Services or SmartScanner, temporarily or permanently. We reserve the right to change the prices of any and all Services or SmartScanner at any time. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services or SmartScanner.
Updates to SmartScanner
We may from time to time provide enhancements or improvements to the features/ functionality of the SmartScanner, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the SmartScanner. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the SmartScanner to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the SmartScanner, and (ii) subject to these Terms.
Maintenance and support
In case of releasing a new version, we will notify you to receive the new version during your Subscription Term. Technical support is available during your Subscription Term. Support is only available via email. Any maintenance and support provided by us, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
Privacy Policy
By using SmartScanner, you agree to the collection and use of information as detailed in our Privacy Policy (can be found at https://www.thesmartscanner.com/privacy), which are incorporated into these Terms by reference.
Third-Party Services
SmartScanner may display, include or contain links to third-party websites, advertisers, services, data, materials, contents, products, information, special offers, or other events or activities that are not owned or controlled by SmartScanner (“Third-Party Services”). We don’t endorse or assume any responsibility for any such Third-Party Services. If you access any Third-Party Services from SmartScanner, you do so at your own risk and you agree that SmartScanner has no liability arising from your use of or access to any Third-Party Services. You acknowledge and understand that we use third-party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Services or SmartScanner. The SmartScanner may incorporate and consist of third-party Open Source Software which you may use under the terms and conditions of the specific license under which the Open Source Software is distributed. Title to Open Source Software remains with the applicable licensor(s). Any Open Source Software provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.
Your Suggestions
If you choose to submit comments, improvements, suggestions, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you.
Intellectual Property Rights
Smart Web Security is the owner of all right, title, and interest in the SmartScanner. SmartScanner and all copies thereof will at all times remain the sole and exclusive property of Smart Web Security. You shall not acquire any ownership of the SmartScanner as a result of your purchase of the License or your use of the SmartScanner.
No Warranties
The SmartScanner is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. You use them at your own risk and discretion. That means it doesn’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.
We do not warrant that:
- the Services or SmartScanner will meet your specific requirements
- the Services or SmartScanner will be uninterrupted, timely, or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the Services or SmartScanner will meet your expectations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. WE AND OUR LICENSORS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF THE LICENSE FEES YOU PAID IN THE PAST TWELVE (12) MONTHS FOR THE SERVICES OR SMARTSCANNER GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (U.S. $100). THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU MAY NOT BRING A CLAIM UNDER THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ARISES.
Indemnification
You agree to indemnify and hold SmartScanner and its parents, subsidiaries, affiliates, officers, developers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Services or SmartScanner; (b) violation of these Terms or any law or regulation; or (c) violation of any right of a third party.
Termination
We have the right to refuse any and all current or future use of the Services or SmartScanner for any reason at any time. We, in our sole discretion, reserves the right to refuse to provide the Services or SmartScanner to anyone for any reason at any time. You may also terminate these Terms by deleting the SmartScanner and all copies thereof from your computer. Upon termination of these Terms, you shall cease all use of the SmartScanner and delete all copies of the SmartScanner from your computer. Termination of these Terms will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of these Terms) of any of your obligations under the present Terms. You acknowledge that the provisions of these Terms, which by their nature are intended to survive termination (Our warranty disclaimers, our limitations of liability, our ownership of the Services or SmartScanner, and the dispute resolution provisions), will remain in effect after termination of these Terms.
Governing Law
The laws of Netherlands, excluding its conflicts of law rules, shall govern these Terms and your use of the SmartScanner. Your use of the SmartScanner may also be subject to other local, state, national, or international laws.
No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SmartScanner’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment
These Terms, and any rights and licenses granted, may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Severability
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Amendments to these Terms
We can change these Terms at any time. If a change is material, based on our sole discretion, We’ll provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use SmartScanner after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the SmartScanner.
Entire Agreement
These Terms, together with the Privacy Policy and any amendments and any document incorporated by reference into them are the whole agreement between us and you concerning Services or SmartScanner.
Contact Information
If you would like to contact us to understand more about these Terms, you may do so via the contact form (can be found at https://www.thesmartscanner.com/contact) or send an email to info@thesmartscanner.com
Last updated on July 07, 2023