Terms & Conditions

Effectiveness date: Oct 2022

General

The present Terms and Conditions explain the conditions and rules that govern the download and use of the application: Scan Shot (hereinafter, “the app”), which is owned and operated by KAERMORHEN, S.L., a private company holding TAX ID number B04967840, and its registered office at Carrer Rocafort 240, entlo. 3ª, 08029 Barcelona (Spain)  and contact email: info@scanshot.app (hereinafter, “the/our Company”), “we”, “us”, “our”). The app is not affiliated with any other platforms or third parties.

The download and/or use of the app attributes the status of User to the person accessing the app and implies full acceptance of the present Terms and Conditions (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms and Conditions, please do not carry out any of the aforementioned actions.

The Company reserves the right to update these Terms and Conditions, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. Therefore, we recommend the User periodically reviews the applicable Terms and Conditions. 

The Company reserves the right to suspend and block or eliminate the access of a User to the app in the event that he/she breaches any part of these Terms and Conditions.

The nullity, total or partial, of any of the provisions of these Terms and Conditions by any judicial decision, will not affect the validity of the other provisions.

For any doubt or question related to these Terms and Conditions, please contact us by email: info@scanshot.app.

About the App’s Functionalities 

Scan Shot offers users a scanner to be used from their chosen electronic device. This application permits them to scan all types of paper documents  and objects which contain writing such as your identification document. All documents or objects with scanned writing, can be saved in a digital format and subsequently saved to any of your files as well as to your email or social media, as well as to those of third individuals. In this sense, using this application saves you time in the management of your documentation, allowing you to have any documentation you desire at hand.

Moreover, users will be able to edit the scanned document in order to modify its characteristics. This includes but is not limited to: changing the wording, adding signatures, deleting  pages, and altering the saturation, contrast, and sharpen the quality to achieve optimal resolution.

Please note that the Company reserves the right to update features and/or functionalities of the app at any time. Please refer to the “Updates” section of these Terms and Conditions.

Access and Use of the App

The app is available for Android and for IOS operating systems and devices.

The User can download and/or use the app, provided that the User is 14 years of age or older, and/or the User is an adult according to the laws and regulations of his/her country of birth or residence.

The download and/or access to the app is free of charge, but to use certain functionalities, which are premium services, the User must choose and pay according to one of the options offered. Please refer to the “Subscription to Premium Services and payment” section of these Terms and Conditions. 

In the application itself, and at all times, the User will be informed about which functionalities are free and which are paid for. 

Once the User has paid for the subscription to a premium service, the User will automatically be conferred with the status of Customer (hereinafter, the “customer/s”). Such status implies full acceptance of the present Terms and Conditions and, in particular, abides with the costs of our Service option or subscription premium service. For further information, check our “Costs'' section.

We do our best so that the app is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control.

We do not specify that the app will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the app from an unauthorized location is entirely at the User’s own risk and responsibility.

Data Protection

The personal data collected for the provision of the services offered through this app, as well as those obtained from your interaction with the app will be processed in accordance with our Privacy Policy.

Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data that is processed.

Updates

The Company may add, modify or eliminate features and/or functionalities at any time, which are accepted by the User when installing  the app. In any case, when making such changes, the User will be notified through the same app.

If a new version of the app is launched or if new features and/or functionalities are added, we may ask you to update the app on your electronic device. Likewise, we may show the User (and invite them to read) a new updated version of these Terms and Conditions before using the new version of the app. By using the new version of the app, the User clearly states he/she has read, understood and accepted the new Terms and Conditions shown.

User Commitments (Code of conduct)

By using the app, the User agrees to (including but not limited to):

• Not to impersonate another individual on behalf of a third person (unless you have their express written permission);

• Not to use the information in the app to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;

• Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the app;

• Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the app, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the app’s source code and/or to scrape or extract technical data from our app;

• Not to transfer the license granted to download, access and use the app and/or any of his/her rights or obligations under these Terms and Conditions without the express written consent of the Company.  

• Not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of this website, without prior written authorisation from the Company.

• Not to infringe on the intellectual property or other rights (trademarks, trade secret, etc) of the Company or third parties.  

The Company makes no warranties regarding the User behavior and will not be held responsible in this regard. The User is individually and solely responsible for his/her actions, before the Company and/or third parties, for damages caused by the inappropriate behavior. 

The Company reserves the right to block or eliminate access to the app to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations applicable to the app and/or the Company.

Moreover, the Company, in its sole discretion, may eliminate access to the app for a User at any time without stating the reasons behind its decision. 

Subscription to Premium Services and Payment  

Users have the option to use the paid features and/or functionalities that the app offers, which are known as “premium services”. If the users decide to use them, before proceeding to the payment page, a banner will pop up on their electronic device’s screen breaking down the payment details before accepting said payment.

Furthermore, users will be able to choose at their convenience, how they want to be invoiced for the use of the app's premium service, which can be either: monthly or yearly. All subscription plans will have a free trial of {{free_trial_period}}. If the user does not cancel the subscription plan before the free trial period elapses, they will automatically be charged for the Services offered.

The premium service selected and its price will also be shown in the checkout page before confirming the payment. The fee will be charged to the debit/credit card associated with their Apple or Google Play user account.  

Please be informed that if the User changes their settings in his/her Apple or Google Play account, the notified fees may vary depending on the country selected. Each country has its own fees.

A confirmation email will be sent to Customers with their payment details Additionally, Customers can check the cost in their invoice.

The premium service selected by the User will be automatically renewed at the end of the service period if the User does not cancel it (to avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period. Please note that, depending on your operating system, uninstalling the application without previously cancelling the subscription might not imply the cancellation of the subscription chosen. Please refer to the “Cancellation and Refund Policy” section of these Terms and Conditions.

The premium services fees may be updated from time-to-time and they will be effective immediately at the same time that they are published on the app. The updated fees are not retroactive and therefore will not affect Customers who have already paid for a plan before the update.

Refund Policy 

Refund requests will be exclusively handled by Apple or Google Play in accordance with its own rules and regulations. In the event that Apple or Google Play does not approve the refund request made by the user, he/she acknowledges that the service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the service to which the user had subscribed to.

On one hand, uninstalling the app, in general terms, does not automatically stop the premium service selected. To cancel a subscription, the User should directly visit the App Store or Google Play Store from his/her Android) or IOS Phone or tablet and select the "Subscriptions" section from the menu, click on the "Cancel Subscription" button and follow the on-screen instructions. 

On the other hand, if the User desires to stop the premium services option selected and, where appropriate, makes a refund request, you shall contact Apple and/or Google Play support for it. Please note that it's Apple and/or Google Play’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve them or deny them and to handle them support within the process. Moreover, they will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link:https://support.apple.com/en-us/HT204084, and for Google Play: https://support.google.com/googleplay/answer/7018481.   

Technical Means for Correcting Errors

If users and/or customers detect an error, or if their personal data or any information provided by them is not exact, correct or completed, they must amend it by accessing their Apple or Google Play user account directly. 

Likewise, if customers detect an error in the charges made by the Merchant of Records on their bank statement for the costs of the Services options or premium service chosen, they also must directly contact Apple or Google Play. 

Intellectual Property Rights 

All the elements contained within this app, whether it be texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or the partners of the Company with whom we have submitted the corresponding licenses. All the elements of the present app are protected by industrial and intellectual property rights that must be respected by the User. This is made explicit via the copyright notice in the app’s website homepage.

The download and/or use of the app does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, nonexclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to:

• Reproduce, copy, distribute, publicly communicate or display, transform or, in general,  make use of any of the protected elements of this app for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

• Use of the features and functionalities offered by the app for other purposes other than those set out in these Terms and Conditions.

• Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this app, especially its source code.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms and Conditions and that correspond to us in accordance with the currently applicable laws and regulations. 

The Company reserves the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights.

Exemption of Liability 

The Company makes its best efforts to ensure the availability and safe usage of the app. However, the download and/or use of the app may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the app is provided “as is'' without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the app is at the User’s own risk and responsibility. 

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the app or if the content and information provided by the app is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility when:

• Users under forteen (14) years of age or under the required legal age according to the laws and regulations of their birth or residence country access the website. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

• The User has provided personal data of third parties without having their prior written consent to do so. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.

• The inaccuracy or misstatement of the scanned documents and/or images offered by the app and/or the correct functioning of the platform at the time of usage.

• The User shares documents and/or images scanned by means of whatever type of communication channel, cloud service or social media with third parties.

• The User shares through the app documents which are not of their ownership, or that include third parties personal data and/or information. He/she is the sole responsible for obtaining the  consent of said third party/ies and for the disclosing of the above mentioned information.

• The content that could be provided by third parties through our application, such as links which can redirect users to third parties websites or advertisements, as they are governed by the corresponding third parties privacy policies. Taking this into consideration, users take all responsibility to their own risk if they freely decide to use the application. For further information regarding  collaboration with third parties, we encourage you to consult their privacy policies.

• The User breaches his/her commitments and/or any other provision set out in these Terms and Conditions.

Withdrawal Right

By downloading and subscribing to the app, you acknowledge and accept that its content/services are made available to you immediately and, therefore, the withdrawal right that the applicable legislation recognizes to users (consumers) does not apply. 

Applicable law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the currently applicable Spanish law. Any action arising out of or relating to these Terms and Conditions shall be filed only in courts or arbitration tribunals located in Spain and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

In case of controversy or disagreement between the user and the Company arising from these Terms and Conditions, both parties agree to submit their disputes through binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled to under international private law principles, to the competent Courts and Tribunals of Barcelona - Spain. 

The non-exercise by the Company of any right provided or derived from these Terms and Conditions shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the current applicable law or regulation.