Terms of Service
Last Updated: August 29, 2022

Welcome to the website (the “Site”) of Scanner, Inc. (“Scanner”, “we”, “us” and/or “our”). This Site is operated by Scanner, Inc. and has been created to provide information about our company and our log management platform and related services (together with the Site, the “Services”) to our visitors (“you”, “your”). The Terms of Service sets forth the following terms and conditions that govern all use of the Site, Services, and all content available at or through Scanner, Inc.

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on the Site by us (collectively, the "Agreement"). Customers that access the Services through a paid or an unpaid subscription basis are subject to and governed by the Terms of Service set forth below.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms.

The Services are not directed to, and we do not knowingly collect personal information from, anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

Your Account

If you create an account on the Site, you are responsible for maintaining the security of your account and experiments, and you are fully responsible for all activities that occur under the account.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you post material to the Site or Services, post links on the Site or Services, or otherwise make (or allow any third party to make) material available by means of the Site or Services (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion to (i) refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Site Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted through the Services, and cannot therefore be responsible for that material's content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.

Acceptable Use

You must not:

  • use the Services to monitor websites and systems you do not own and operate or to which you have not been given authorized access;
  • engage in or to instigate actions that may have an adverse effect on the stability and performance of the Site or Services. We may choose to set limits on the use of a resource through quotas, time limits, and other mechanisms;
  • engage in any activity that is intended to harm Service's systems, other customers, other systems, or end users of other services and websites;
  • distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages;
  • use, or facilitate use of, the Site or Services in a manner, which violates any applicable law or regulation.

We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you are engaging in activities that violate this agreement. Any termination or suspension may be undertaken with or without notice to you.

Content Posted on Other Sites

We have not reviewed, and cannot review, all of the material, including computer software, that is made available through the websites and webpages to which we link, and that link to our Site and Services. We do not have any control over those non-Site websites and webpages, and are not responsible for their content(s) or their use. By linking to a non-Site website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-Site websites and webpages.

Intellectual Property

This Agreement does not transfer from us to you any of our or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Scanner, its logo, and all other trademarks, service marks, graphics and logos used in connection with the Services or the Site are trademarks or registered trademarks of ours or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Site and Service may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Scanner or third-party trademarks.

Changes

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site and Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site and Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Fees and Payments

If you elect to purchase our Services, fees are specified at the Services interface “check-out” — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in this Agreement, fees paid are non-refundable. For clarity, in the event you downgrade any subscriptions from a paid plan to a free plan, you will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. If we agree to invoice you by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, accessible by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, you will reimburse us for such withholding tax.

If any fees that you owe us (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given you ten (10) or more days' prior notice that your account is overdue. You acknowledge and agree that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Content.

Termination

Scanner may terminate your access to all or any part of the Site or Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Scanner account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Services are provided "as is". We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Scanner nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

Limitation of Liability

In no event will we, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $100.00. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Site and Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

You agree that Scanner may identify you as a user or customer of the Services and may use your company name and logo in blog posts, press releases, advertisements, and on the Site. You also grant us a non-exclusive license to use your trademarks for the purpose of referring to you within the user interface for the Site.

Indemnification

You agree to defend, indemnify and hold harmless Scanner, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Scanner policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

Miscellaneous

This Agreement constitutes the entire agreement between Scanner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Scanner, or by the posting by us of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Scanner may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

Governing Law

Enforcement of this Agreement will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Services or any Content will lie in the state and federal courts located in San Francisco County, within the State of California, and each party irrevocably agrees to submit to the jurisdiction of such courts. Neither party's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Disclaimer

The data, graphics, images and information available on this Site are for informational purposes only.

Scanner has no responsibility for the contents of the linked websites and links should not be taken as endorsements or recommendations of any kind.