Last updated: October 30, 2026
1.1. AI Scan (also published as “AI Scanner・Objects Identifier”, the “App”) and content available via the App or on our website at https://scanai.top/ (“Content”) are distributed by Seapptic Limited, a Texas limited liability company with offices at 700 North Fairfax St, Ste 614, Alexandria, VA 22314, USA (“we,” “us,” “our” or the “Company”). The App, together with the Content, tools and other services available through the App, are collectively referred to as the “Service.”
1.2. By clicking “I agree” or a similar button when these Terms are presented to you, or by completing a purchase, you agree to be bound by these Terms, and you accept any later version as described in Section 1.4. Your access to and use of the Service is subject to these Terms and Conditions of Use (the “Terms”), which establish a legally binding contract between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3. Please review also our Privacy Policy, which describes how we handle your personal information. The Privacy Policy is not part of these Terms.
1.4. Changes to these Terms
1.4.1. We may modify these Terms from time to time. The date of the most recent version is shown at the top of this document.
1.4.2. Where a modification is material — including any change to pricing, to the scope of the license you grant us, to how your data is used, or to Section 15 (Dispute Resolution and Arbitration) — we will notify you in advance by a notice in the App.
1.4.3. Acceptance of material changes. Any material change to Section 15 (Governing Law, Dispute Resolution and Arbitration) will take effect for you only when you affirmatively accept it, for example by clicking “I agree” when the updated Terms are presented to you in the App; continued use alone is not sufficient. For other material changes, if you do not agree, you must stop using the Service and may cancel any subscription through the app store as described in Section 6.7; continuing to use the Service after the change takes effect constitutes acceptance of the modified Terms. If you do not accept a change to Section 15, the version of Section 15 you last accepted continues to apply to you.
1.4.4. Non-material changes, such as corrections of typographical errors or clarifications that do not reduce your rights, take effect when published.
1.4.5. No modification applies retroactively to any dispute of which we had actual notice before the modification took effect.
1.5. These Terms contain important provisions regarding AI Features and Results (Section 2), photos you scan (Section 3), recording of communications and tracking technologies (Section 4.7), age requirements (Section 8), disclaimers of warranties (Section 11), limitations of liability (Section 12), and a binding arbitration agreement and class action waiver (Section 15).
1.6. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by these Terms, then do not download the App or otherwise access or use the Service.
1.7. No account is required to use the App. These Terms and our Privacy Policy apply to all use of the Service, and you accept them as described in Section 1.2.
2.1. What the Service does. The Service uses artificial intelligence (“AI Features”) to identify objects, plants, animals and other items shown in photographs you take or select (“Input Content”) and to return information about them (“Results”). Results may include a description of the identified item, estimated values, images, links to third-party sources and similar information. Processing requires the photograph to be transmitted to us and our providers, as described in Section 3 and our Privacy Policy. Which features and categories are available, and whether they are free, included in a subscription or paid for with Scan Credits, is shown in the App and may change over time. The Service is an informational tool: it processes the content you choose to provide and does not itself create, transfer or license any rights in that content.
2.2. NATURE OF AI OUTPUT. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT IS PROBABILISTIC IN NATURE. THE SERVICE MAY MISIDENTIFY AN ITEM, CONFUSE SIMILAR-LOOKING ITEMS, OR RETURN INFORMATION THAT IS INACCURATE, INCOMPLETE OR OUT OF DATE. WE DO NOT GUARANTEE ANY PARTICULAR ACCURACY, QUALITY OR RESULT.
2.3. RESULTS ARE INFORMATIONAL ONLY. RESULTS ARE GENERATED AUTOMATICALLY, ARE NOT VERIFIED BY ANY EXPERT, AND ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT ONLY. THEY ARE NOT MEDICAL, VETERINARY, NUTRITIONAL, SAFETY, LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OF ANY KIND, AND DO NOT CONSTITUTE A DIAGNOSIS, AN APPRAISAL, OR A CONFIRMATION THAT ANYTHING IS SAFE, EDIBLE, AUTHENTIC OR OF ANY PARTICULAR VALUE. NEVER EAT, TASTE, TOUCH, HANDLE, TAKE OR ADMINISTER ANYTHING, AND NEVER MAKE ANY DECISION AFFECTING HEALTH, SAFETY OR PROPERTY, ON THE BASIS OF A RESULT. ALWAYS VERIFY WITH A QUALIFIED PROFESSIONAL. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTION YOU TAKE IN RELIANCE ON A RESULT.
2.4. Your responsibility for Input Content. You are solely responsible for all Input Content you provide. By providing Input Content, you represent and warrant that: (a) you own the Input Content or have all rights, licenses and permissions necessary to use it and to have it processed by the Service; and (b) the Input Content does not depict any identifiable person other than yourself, unless you have that person’s prior consent. The Service is designed to identify objects, not people, and you agree not to use it to identify, or attempt to identify, any person.
2.5. Rights in Input Content. As between you and the Company, you retain all rights you have in your Input Content. You grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce and process your Input Content solely for the purpose of operating the Service and generating the Results you request. This license lasts no longer than the retention periods set out in Section 3.3 and in our Privacy Policy, and terminates earlier when the Input Content is deleted, except to the extent we are required to retain it by law.
2.6. Rights in Results. You may use Results for your own personal, non-commercial purposes. The information, text and layout of Results, excluding your Input Content and any third-party content described in Section 2.7, are owned by the Company or its licensors. You may not resell Results, offer them to others as a service, or use them to build a database, dataset or competing product. You acknowledge that Results are generated automatically and that similar or identical Results may be generated for other users.
2.7. Third-party content in Results. Results may include images, links, source references and other material retrieved from publicly available third-party sources. We do not control, verify or endorse such material, and the rights in it belong to their respective owners. Third-party material is displayed to help you understand a Result; any use of it beyond viewing it in the App is your responsibility and may require the permission of the rights holder. Links open third-party websites that are subject to their own terms and privacy policies. If you believe that material displayed in the Service infringes your rights, see Section 14.
2.8. Model training. We do not use your Input Content or Results to train machine learning models.
2.9. Moderation. We apply automated checks to Input Content and Results in order to detect content prohibited by these Terms. These checks are automated and limited and do not reduce your own responsibility for what you provide. Apart from these checks we do not pre-screen user content and assume no obligation to monitor it, but we reserve the right to review and remove content that violates these Terms, and to suspend or terminate access to the Service in the event of a violation.
2.10. Results, instructions and examples
2.10.1. Following instructions. Where the App shows recommendations for the input (for example, photo quality, lighting, framing or which part of an item to photograph) and describes what a feature does, Results depend substantially on whether the input meets those recommendations. Results generated from input that does not follow them may be incomplete or differ from what the feature describes, and this is not a defect in the Service.
2.10.2. Examples are illustrative. Sample images and Results shown in the App, on our website, in app store listings and in advertising illustrate what a feature can do with suitable input. They are not a representation of the Result you will obtain with your own photos.
2.10.3. Scan Credits are used per scan. Where a feature is paid for with Scan Credits, the number of Scan Credits used is shown in the App before you confirm. Scan Credits are used when a Result is delivered, regardless of whether you are satisfied with it. You may scan again with a different photo, and each scan is charged separately. If a scan fails for technical reasons and no Result is delivered, the Scan Credits for that attempt are not used.
2.10.4. No refund for subjective dissatisfaction. Because Results depend on your input and on the probabilistic nature of AI described in Section 2.2, dissatisfaction with a Result does not by itself entitle you to a refund. Refunds are governed by Section 6.8.
3.1. What we process. When you scan an item, the photograph you take or select is transmitted to us and to the AI providers described in our Privacy Policy, who process it on our behalf to produce the Result you request and to run the automated content checks described in Section 2.9. The Service is designed to identify objects, not people. We do not perform facial recognition or biometric identification: we do not detect, measure or extract facial geometry or any other biometric identifier from your photographs, and we do not create or keep any template of a face. To the extent the law of your jurisdiction nevertheless treats a photograph showing a face, or any information derived from it during processing, as biometric information, the safeguards in this Section apply.
3.2. Purpose. We process your photographs only to generate the Result you request and to run the automated content checks described in Section 2.9. We do not use them to identify you or anyone else, to authenticate you, to build a profile, to verify identity, to track you across services, or for any advertising or marketing purpose.
3.3. Retention, security and disclosure. We delete your photograph from our systems as soon as the Result is delivered, and your scan history, including photographs and Results, is stored on your device under your control. The retention, security and disclosure of your photographs are governed by our Privacy Policy, which forms our written retention and destruction schedule.
3.4. Camera. The camera preview is processed on your device and is not transmitted to us or to anyone else. Only a photograph you take or select is transmitted, and only when you request a scan.
3.5. Minors. The Service is available only to persons aged eighteen (18) or over, and you may not scan photographs depicting any person under eighteen (18) years of age. We are not able to verify the age or the identity of any person shown in an image and rely on the representations you make under Sections 2.4 and 8.
4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content, and excluding your Input Content and any third-party content described in Section 2.7) is proprietary to us or to third parties.
4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
4.3. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.4. We may modify, suspend or discontinue the Service or any part of it (whether free or paid features, including adding, changing or removing categories of items that can be identified) at any time. Where a change materially reduces the functionality available under your paid subscription, we will give you notice in the App where practicable, and you may cancel under Section 6.7. Refunds for purchases made through an app store are governed by the rules of that store, as described in Section 6.8.
4.5. Your access to and use of the Service is at your own risk. Subject to Section 12, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party that results from your access to or use of the Service, or reliance on any information contained in it, including any Result.
4.6. Customer support
4.6.1. We provide customer support by email at support@aiscan.zendesk.com. We respond to inquiries as promptly as we reasonably can. Automated acknowledgments may be sent immediately and do not constitute our full response.
4.6.2. We may change the channels through which support is offered, and we do not guarantee that support will be available at all times or that any particular issue will be resolved. Nothing in this Section creates a service level commitment.
4.7. Recording of communications, analytics and tracking technologies
4.7.1. Subject to applicable law and the notices and choices described below, we and our service providers may collect, monitor, store and analyze your interactions with the Service. This may include your selections in the App, navigation and interactions with screens through analytics tools, communications with customer support, and technical information about your device and connection, such as your IP address and device identifiers.
4.7.2. This information is collected using software development kits and similar technologies, some of which are operated by third-party providers acting on our behalf. The categories of providers we use, and the purposes for which they process information, are described in our Privacy Policy. Where required by applicable law, we will provide a separate, clear notice and obtain any required consent before activating non-essential tracking, recording or session-monitoring technologies. You may withdraw consent at any time using the controls described in our Privacy Policy.
4.7.3. To the extent any recording, monitoring or analysis constitutes interception, recording or use of a communication under applicable law, including the California Invasion of Privacy Act or a comparable law, we will provide any legally required notice and obtain any legally required consent before the activity begins. Consent given in these Terms applies only to the extent it is legally effective and does not replace a separate opt-in when one is required. Declining non-essential recording or tracking will not prevent access to unrelated portions of the Service.
4.8. Your data; termination
4.8.1. Deleting your data. Your scan history is stored on your device and can be deleted in the App or by deleting the App. To request deletion of information we hold about you, contact us at legal@seapptic.com as described in our Privacy Policy. Retention periods, and the records we may keep after deletion, are described in our Privacy Policy.
4.8.2. Effect on purchases. Deleting the App or your data does not cancel a subscription purchased through an app store, because it is administered by the store; you must cancel it through the store as described in Section 6.7, and you will continue to be charged by the store until you do. Scan Credits may become unavailable as described in Section 6.9.
4.8.3. Termination by us. We may suspend or terminate your access to the Service where you materially breach these Terms or where required by law. Except in cases of serious breach or legal requirement, we will give you reasonable notice before termination.
4.8.4. No refund on termination for breach. Termination under Section 4.8.3 for breach does not entitle you to a refund of amounts already paid.
5.1. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store, Google Play and/or other third-party app stores (collectively, “App Stores” and each, an “App Store”).
5.2. You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.
5.3. Additional terms for users of the Apple App Store
5.3.1. These Terms are between you and the Company only, and not with Apple Inc. (“Apple”). The Company, not Apple, is solely responsible for the App and its content.
5.3.2. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
5.3.3. The Company, not Apple, is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation to furnish any maintenance and support services.
5.3.4. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the Company’s sole responsibility.
5.3.5. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
5.3.6. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such claim.
5.3.7. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. See also Section 13.
5.3.8. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
5.3.9. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
5.3.10. The Company’s contact details for questions, complaints or claims about the App are set out in Section 18.
5.4. Additional terms for users of Google Play
5.4.1. If you downloaded the App from Google Play, your use of the App is also subject to the Google Play Terms of Service. In the event of a conflict between these Terms and the Google Play Terms of Service with respect to your use of Google Play, the Google Play Terms of Service prevail for that purpose only.
5.4.2. Google LLC is a third-party beneficiary of these Terms with respect to your use of the App downloaded from Google Play, and may enforce these Terms against you to that extent.
5.5. The Service, including Results, may contain links to third-party websites or resources. Such websites and resources are not under the control of the Company and the Company is not responsible for them. The Company provides links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. When you follow a link to a third-party site, the applicable third party’s terms and policies, including privacy and data gathering practices, govern. Your transactions and other dealings with third parties found on or through the App are solely between you and such third party. See also Section 2.7.
6.1. The App is free to download. Certain features of the Service are offered on a subscription basis for a fee, and Scan Credits (Section 6.9) may be purchased as one-time purchases. All purchases are made through the App Store from which you downloaded the App, paying the applicable fees (and any related taxes) as they become due. The applicable App Store is the merchant of record for all purchases and controls billing, cancellation and refunds, as described in Sections 5, 6.7 and 6.8.
6.2. Information about the available subscriptions and one-time purchases, what each includes, and the cost of each is displayed to you in the App at the point of purchase and on the App’s listing in the relevant App Store. The content of plans may differ and may change for future purchases in accordance with Section 1.4.
6.3. Trials and introductory offers. Where a subscription starts with a free trial or a discounted introductory period, the length of the trial or introductory period and the price that applies when it ends are disclosed before you confirm the purchase. Unless you cancel before the trial or introductory period ends, your subscription converts to a paid subscription at the disclosed price. The App Store’s rules on trials and introductory offers apply.
6.4. To the maximum extent permitted by applicable law, we may change subscription fees. Any increase in the recurring price of your subscription will be notified to you, and where required will be subject to your consent, in accordance with the rules of the App Store before it takes effect. If you do not wish to pay the new fees, you may cancel the applicable subscription before the change takes effect as described in Section 6.7.
6.5. By making a purchase, you authorize the applicable App Store to charge you under its terms and payment rules. Timing and processing of charges are controlled by the App Store.
6.6. Automatic renewal
6.6.1. Disclosure before purchase. The terms of automatic renewal, including any trial or introductory period, the recurring price and billing frequency, and how to cancel, are disclosed in the App and by the App Store before you confirm the purchase.
6.6.2. Confirmation after purchase. The App Store provides your purchase confirmation and receipt under its rules. Cancellation and refund instructions are set out in these Terms and in the App Store.
6.6.3. Renewal terms. Your subscription renews automatically for a further period of the same length at the then-current price unless you cancel it through the App Store before the end of the current period, in accordance with the App Store’s rules.
6.6.4. UNINSTALLING OR DELETING THE APP FROM YOUR DEVICE DOES NOT CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL THROUGH THE APP STORE AS SET OUT IN SECTION 6.7.
6.7. Cancellation
6.7.1. Subscriptions are sold, billed and administered by the App Store, and cancellation is handled through that store under its rules. You can cancel at any time from your store account. On iPhone or iPad: open Settings, tap your name, tap Subscriptions, select the App and tap Cancel Subscription. On Android: open the Google Play app, tap the profile icon, tap Payments & subscriptions, tap Subscriptions, select the App and choose Cancel subscription. Full instructions are available on the Apple and Google support pages. We do not receive or control payments made through App Stores and do not administer store subscriptions on your behalf.
6.7.2. Effect of cancellation. Cancelling stops future renewals. Unless the App Store states otherwise, you retain access to the paid features until the end of the period already paid for. Cancellation does not, by itself, entitle you to a refund of amounts already paid; refunds are addressed in Section 6.8.
6.8. Refunds
6.8.1. All purchases, including subscriptions and Scan Credits, are billed by the App Store, not by us. Apple App Store: Apple processes all refunds for these purchases under its own policy. We are not able to issue or process a refund for an App Store purchase. To request a refund, use Apple’s refund request process. Google Play: refunds for these purchases are governed by Google’s refund policy and are requested from Google Play. We do not administer refunds for Google Play purchases, and refund requests for them should be directed to Google.
6.8.2. Statutory rights. Nothing in this Section limits any refund, cancellation or withdrawal right you may have under mandatory consumer protection law in your jurisdiction. Where such a right applies to a purchase made through an App Store, it is exercised against the App Store as the seller, under its terms.
6.9. Scan Credits
6.9.1. Nature of Scan Credits. Some features of the Service are paid for with scan credits (“Scan Credits”). Scan Credits are a limited, non-transferable, revocable license to access features of the Service. Scan Credits are not money, not a currency, not a stored-value or gift card, not a security, and not property. They have no monetary value and cannot be redeemed or exchanged for cash or any legal tender.
6.9.2. How Scan Credits are obtained and used. Scan Credits may be included in a subscription or other purchase, as stated at the point of purchase, and may be purchased as packs through the App Store, whether or not you have a subscription. Scan Credits are used on the features that the App designates as paid for with Scan Credits; the number used is displayed in the App before you confirm and may vary by feature. Scan Credits may not be sold, transferred, traded, gifted or exchanged outside the Service.
6.9.3. Expiry. Scan Credits currently do not expire and remain available until used. Cancelling your subscription does not forfeit Scan Credits already credited, and purchased Scan Credits may be used without an active subscription.
6.9.4. Device storage. Your Scan Credit balance is stored on your device and may also be recorded in our systems. We do not guarantee that Scan Credits will remain available after you delete the App, reset or change your device, or sign out of the store or cloud account associated with it. Scan Credits that become unavailable for these reasons are not refunded or restored. Scan Credits cannot be transferred between platforms, between devices (except where your platform restores them), or to another person. If we discontinue the Service or block your access for any reason other than your breach, we will refund the price you paid for any unused purchased Scan Credit packs, or provide equivalent value, to the extent required by applicable law.
6.9.5. Refunds and Scan Credits. Scan Credit packs are subject to the App Store’s refund policies, and we are unable to process refunds for them directly. If a refund is granted for any payment by the App Store, the Scan Credits credited in connection with that payment will be revoked.
6.9.6. Changes. We may change the Scan Credit allocation of subscription plans, the price of Scan Credit packs and the number of Scan Credits used per feature prospectively, with notice as described in Section 1.4. Changes will not reduce Scan Credits already credited to your balance.
7.1. IN-APP PURCHASE. Once you have installed the App from an App Store, you can select the subscription or one-time purchase that you would like. All such transactions between you and us will be processed through the App Store from which you downloaded the App. You understand and agree that your payments may be processed by third-party payment processors, which may impose additional fees for payments. We are not responsible for and do not cover such additional costs.
8.1. The Service is intended solely for adults. You must be at least eighteen (18) years of age to purchase a subscription or otherwise use the Service. By using the Service, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.
8.2. We do not knowingly collect personal information from anyone under eighteen (18) years of age. If we become aware that we have collected such information, we will delete it.
8.3. As set out in Sections 3.5 and 9.1(a), you may not scan any photograph depicting a person under eighteen (18) years of age.
8.4. Age controls. The Service is contractually limited to users aged eighteen (18) and over regardless of any content rating, age rating or parental-control setting shown by the Apple App Store or Google Play. We rely on your representation in Section 8.1 and may use age-screening or age-assurance measures permitted by law. We may suspend or terminate access if we reasonably believe the user is under eighteen (18).
8.5. Reporting. If you believe a person under eighteen (18) has provided us with personal information, or that a photograph of a person under eighteen (18) years of age has been scanned in breach of these Terms, contact us immediately at legal@seapptic.com and we will take prompt action, including deleting any associated personal information.
9.1. You agree that you will not use the Service, and will not provide any content to the Service, in order to:
(a) scan or process any photograph of a person under eighteen (18) years of age, or of any identifiable person other than yourself without that person’s prior consent;
(b) identify, or attempt to identify, any person, or use the Service for facial recognition or any form of biometric identification;
(c) provide sexual, sexualised, nude or intimate content, or content depicting violence, cruelty, or the abuse or exploitation of any person or animal;
(d) use Results to deceive, defraud or mislead any person, including by presenting a Result as a confirmation of the authenticity, safety, value or provenance of an item;
(e) infringe any copyright, trademark, right of publicity, right of privacy or other right of any third party, including by scanning material you do not have the right to use;
(f) violate any applicable law, or use Results in connection with any unlawful activity;
(g) use the Service, Input Content or Results to develop a competing product, to build a database or dataset, or to train any machine learning model;
(h) extract, scrape, download in bulk or redistribute Results or Content; or
(i) upload malicious code, or attempt to gain unauthorized access to the Service or to any other user’s device or data.
9.2. Enforcement. We may remove content, suspend or terminate access, and report activity to law enforcement where we reasonably believe this Section has been violated. We may do so without prior notice where the violation is serious. Termination under this Section does not entitle you to a refund.
9.3. Reporting. If you believe content in the Service violates this Section or your rights, contact legal@seapptic.com. For copyright complaints, see Section 14.
10.1. By using the Service, you represent and warrant that: you have the legal capacity and you agree to comply with these Terms; you are at least eighteen (18) years of age; you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; you will not use the Service for any illegal or unauthorized purpose; and your use of the Service will not violate any applicable law or regulation.
10.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
10.3. You may not access or use the Service for any purpose other than that for which we make the Service available. For the avoidance of doubt, this does not restrict your use of Results as permitted by Section 2.6.
10.4. As a user of the Service, you agree not to:
(a) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(b) make any unauthorized use of the Service, or any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
(c) make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
(d) use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or a substitute for the Service;
(e) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
(f) circumvent, disable, or otherwise interfere with security-related features of the Service, or attempt to bypass any measures designed to prevent or restrict access;
(g) engage in unauthorized framing of or linking to the Service;
(h) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
(i) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
(j) upload or distribute files that contain viruses, worms, trojans, corrupted files, or any other similar software that may damage the operation of another’s computer;
(k) use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script;
(l) use the Service to send automated queries to any website or to send any unsolicited commercial e-mail; or
(m) otherwise infringe these Terms.
11.1. THE APP, CONTENT, RESULTS AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT, RESULTS OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, COMPLETE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY ITEM WILL BE CORRECTLY IDENTIFIED OR VALUED; OR (VI) ANY RESULT IS SUITABLE FOR ANY DECISION AFFECTING HEALTH, SAFETY OR PROPERTY.
11.2. Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you, and you may have additional rights under the law of your jurisdiction.
12.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR YOUR RELIANCE ON ANY RESULT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100).
12.3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
12.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
12.5. Indemnification
12.5.1. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, agents and licensors from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to: (a) your Input Content, including any claim that it infringes or violates the rights of any person; (b) your use of or reliance on Results; (c) your breach of these Terms, including Section 9 (Prohibited Uses); or (d) your violation of any applicable law or of the rights of any third party.
12.5.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. You may not settle any claim that imposes obligations on the Company without our prior written consent.
12.5.3. This Section does not apply to consumers in jurisdictions where such indemnification obligations are not permitted under mandatory consumer protection law, and in no event does it require you to indemnify us for claims arising from our own breach, negligence or willful misconduct.
13.1. The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
13.2. The Service is subject to the economic sanctions and export control laws of the United States, including regulations administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Export Administration Regulations.
13.3. You represent and warrant that you are not: (a) located in, ordinarily resident in, or organized under the laws of any country or territory that is the target of comprehensive sanctions; (b) identified on any restricted or denied party list maintained by the United States, the European Union, the United Kingdom or the United Nations; or (c) owned or controlled by, or acting on behalf of, any such person.
13.4. You agree not to use the Service, or to export or re-export any output or technology obtained through it, in violation of applicable sanctions or export control laws.
13.5. We may suspend or terminate your access, without notice and without refund, where we reasonably determine that continued provision of the Service would breach applicable sanctions or export control laws.
14.1. We respect the intellectual property rights of others and expect users of the Service to do the same. If you believe that material displayed in the Service, including third-party content in a Result, infringes a copyright you own or are authorized to enforce, send a notice to legal@seapptic.com that includes: identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; your contact details; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner; and your physical or electronic signature. We will review the notice and remove or disable access to the material where appropriate.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 15.9.
15.1. Governing law
15.1.1. These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration provisions of this Section 15.
15.1.2. Scope of this choice of law. The choice of Virginia law in Section 15.1.1 applies to the interpretation, validity and enforcement of these Terms and to claims arising out of the contractual relationship between you and the Company. It does not select Virginia law to govern statutory consumer-protection claims, and in particular it does not extend the Virginia Consumer Protection Act, Va. Code § 59.1-196 et seq., or any other Virginia consumer-protection statute, to any person who does not reside in the Commonwealth of Virginia. If you reside in the United States, any statutory consumer-protection claim is governed by the law that would apply under ordinary choice-of-law principles in the absence of Section 15.1.1, and nothing in these Terms waives or limits any right under the consumer-protection laws of the state in which you reside that cannot be waived or limited by agreement. Nothing in this Section 15.1.2 limits, modifies or creates any exception to Section 15.3 (Agreement to arbitrate), Section 15.4 (Exceptions to arbitration) or Section 15.5 (Class action and jury trial waiver).
15.1.3. Consumers in the EU, EEA and UK. If you are a consumer resident in the European Union, the European Economic Area or the United Kingdom: (a) the arbitration agreement and class action waiver in Sections 15.2 through 15.11 do not apply to you; (b) nothing in these Terms deprives you of the protection of the mandatory consumer protection laws of the country in which you reside; and (c) you may bring proceedings in the courts of the country in which you reside, and we may bring proceedings against you only in those courts.
15.1.4. Other users outside the United States. If you reside outside the United States and are not covered by Section 15.1.3, the arbitration agreement in this Section 15 applies to the extent it is enforceable under the laws of your country of residence. Where it is not enforceable, disputes will be resolved exclusively in the state courts of the Commonwealth of Virginia sitting in the City of Alexandria (and specifically the Circuit Court for the City of Alexandria), except for any claim that is within the exclusive jurisdiction of the federal courts, and you consent to the exclusive personal jurisdiction and venue of those courts, without prejudice to any mandatory consumer protection provisions of the law of the jurisdiction in which you reside.
15.2. Informal dispute resolution first
Before initiating any arbitration or court proceeding, you and the Company agree to attempt in good faith to resolve the dispute informally for at least sixty (60) days. To begin, you must send a written Notice of Dispute to legal@seapptic.com (or by mail to Seapptic Limited, 700 North Fairfax St, Ste 614, Alexandria, VA 22314, USA). The Notice must include: (a) your name; (b) your email address and information sufficient to identify your use of the Service, such as the device identifier shown in the App or your App Store order number; (c) a description of the nature and basis of the dispute; and (d) the specific relief sought, including the amount claimed, if any. If the Company has a dispute with you, it will send an equivalent notice to the email address you have provided to us, if any, or otherwise by a notice in the App. During this period, either party may request an individualized telephone or videoconference settlement conference, and both parties will cooperate in good faith to schedule it. This informal process is a condition precedent to commencing any arbitration or court proceeding, except where prohibited by applicable law or where necessary to seek emergency or time-sensitive injunctive relief. The applicable statute of limitations and filing deadlines will be tolled while this process is pending.
15.3. Agreement to arbitrate
Except as provided in Sections 15.1.3, 15.1.4, 15.4, 15.9 and 15.13, if the dispute is not resolved through the process in Section 15.2, you and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, your subscription, any billing or cancellation matter, or any advertising or marketing of the Service — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before, during or after the termination of these Terms — will be resolved exclusively by final and binding individual arbitration, and not in a court of law.
Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Section 15, including any claim that all or part of it is void or voidable, except that a court retains authority to decide whether Section 15.5 (Class Action and Jury Trial Waiver) is enforceable.
15.4. Exceptions to arbitration
This Section 15 does not apply to: (a) any individual claim brought in a small claims court, so long as the claim remains in that court, is brought on an individual basis, and seeks only individual relief; (b) any claim to enforce or protect, or concerning the validity of, either party’s intellectual property rights; or (c) any claim for public injunctive relief, to the extent such a claim cannot lawfully be waived or compelled to arbitration under applicable law, which claim shall be severed, to the extent permitted by applicable law, and stayed pending the outcome of arbitration of all other claims.
Where a dispute includes both claims subject to arbitration and claims that are not, you and the Company agree, to the extent permitted by applicable law, that any court proceeding concerning the non-arbitrable claims will be stayed pending the outcome of the arbitration.
Exclusive Court Forum. Except for an individual small claims action permitted under subsection (a) above, any court proceeding permitted under this Section 15 must be brought exclusively in the state courts of the Commonwealth of Virginia located in the City of Alexandria having subject-matter jurisdiction. Any claim within the exclusive subject-matter jurisdiction of the federal courts must be brought exclusively in the United States District Court for the Eastern District of Virginia, Alexandria Division. Each party consents to the personal jurisdiction and venue of those courts and waives any objection based on improper venue or inconvenient forum. This paragraph applies only to the extent permitted by applicable law and does not deprive a consumer of any non-waivable right to bring a claim in another forum.
15.5. Class action and jury trial waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON, MAY NOT PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY’S INDIVIDUAL CLAIM. YOU AND THE COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY.
15.6. Arbitration rules and procedure
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will agree on an alternative administrator, or a court of competent jurisdiction will appoint one. The arbitration will be conducted by a single arbitrator. For claims of USD 25,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a telephonic or in-person hearing, or the arbitrator determines a hearing is necessary. Any in-person hearing will take place in the county of your residence, or at another mutually agreed location. The arbitrator’s award will be in writing, will state the essential findings and conclusions, and may be entered as a judgment in any court of competent jurisdiction.
Upon the request of either party, the arbitrator will issue an order providing that confidential information disclosed during the arbitration may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the award, and that any filing of confidential information must be made under seal.
15.7. Arbitration costs
Payment of filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. Where the AAA rules require you to pay a filing fee, and your claim is for USD 10,000 or less, the Company will pay the portion of your filing fee that exceeds the cost of filing a claim in the federal or state court where you reside, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose. Each party is otherwise responsible for its own attorneys’ fees, except where an award of fees is available under applicable law or the arbitrator determines otherwise.
If either party brings a claim that is subject to arbitration in a court or other forum in breach of this Section 15, the court or arbitrator may award the other party its reasonable costs and attorneys’ fees incurred in staying or dismissing that proceeding or otherwise enforcing this Section 15, to the extent permitted by applicable law.
15.8. Coordinated and mass filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against the Company by or with the assistance of the same law firm or coordinated group of counsel within a ninety (90) day period, the parties agree that such demands will be administered in sequential batches of no more than fifty (50) demands at a time. Each batch will be assigned to a single arbitrator, and the parties will cooperate in good faith with the administrator to implement this process, including with respect to the payment of fees. The statute of limitations and any filing deadlines are tolled for demands awaiting their batch. If the AAA’s Mass Arbitration Supplementary Rules apply to those demands, the AAA will administer them under those rules, and the batching described in this Section will apply to the extent consistent with them. This provision does not limit any party’s right to seek individual relief.
15.9. Your right to opt out of arbitration
YOU MAY OPT OUT OF THIS SECTION 15 (SECTIONS 15.2 THROUGH 15.8) BY SENDING WRITTEN NOTICE TO LEGAL@SEAPPTIC.COM WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS (OR, FOR EXISTING USERS, WITHIN THIRTY (30) DAYS OF THE DATE THESE TERMS TAKE EFFECT FOR YOU).
Your notice must include: (a) your full name; (b) your email address and information sufficient to identify your use of the Service, such as the device identifier shown in the App or your App Store order number; and (c) a clear statement that you wish to opt out of the arbitration agreement. You may use the subject line “Arbitration Opt-Out”. Opting out will not affect any other provision of these Terms, and will not adversely affect your use of the Service or your relationship with the Company in any way. If you opt out, disputes will be resolved exclusively in the state courts of the Commonwealth of Virginia sitting in the City of Alexandria (and specifically the Circuit Court for the City of Alexandria), except for any claim that is within the exclusive jurisdiction of the federal courts, and you and the Company consent to the exclusive personal jurisdiction and venue of those courts. The class action and jury trial waivers in Section 15.5 will not apply to you if you validly opt out.
15.10. Severability
If any portion of this Section 15 is found to be unenforceable, that portion will be severed and the remainder will continue in force — except that if Section 15.5 (Class Action and Jury Trial Waiver) is found unenforceable as to any claim or any request for particular relief, then this entire Section 15 will be null and void as to that claim or that request for relief only, which will instead proceed in the courts identified in Sections 15.4 and 15.9, as applicable, and all other claims will remain subject to arbitration.
15.11. Changes to this Section
If the Company makes any material change to this Section 15 after the date you last accepted these Terms, that change will not apply to any dispute for which the Company had actual notice on or before the date of the change. Any such change will be notified to you as described in Section 1.4, and you will have thirty (30) days from the effective date to opt out under Section 15.9.
15.12. Survival
This Section 15 survives the termination of these Terms and your use of the Service.
15.13. Prospective Application
This Section 15 does not apply to any claim to the extent it arises from conduct occurring before the date on which you first validly accepted a version of these Terms containing this Section 15. Nothing in this version of the Terms waives, releases, or otherwise affects such a claim, which remains governed by the agreement, if any, in effect at the time of the relevant conduct.
16.1. Under California Civil Code §1789.3, California residents are entitled to the following notice. The provider of this Service is Seapptic Limited, 700 North Fairfax St, Ste 614, Alexandria, VA 22314, USA. You may contact us at legal@seapptic.com.
16.2. The prices of our subscription plans and one-time purchases are displayed within the App and in the App Store before purchase. You may file a complaint with us at legal@seapptic.com.
16.3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, or at 711 or (800) 735-2929 (TTY) for hearing-impaired callers.
17.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof.
17.2. If any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Section 15.10 governs severability within Section 15. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding their subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
17.3. Assignment
17.3.1. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. Any attempted assignment in violation of this Section is void.
17.3.2. We may assign or transfer these Terms, in whole or in part, to an affiliate, or in connection with a merger, acquisition, corporate reorganisation, or a sale or transfer of all or part of our business or assets, including the sale or transfer of an individual application or product line together with the related subscriptions. We will notify you of any such assignment by a notice in the App in advance of it taking effect.
17.3.3. Any assignee will be bound by these Terms and by our Privacy Policy as they apply to your personal information at the time of the assignment.
17.3.4. If you do not wish your subscription to be transferred, you may cancel it before the assignment takes effect as described in Section 6.7.
17.4. All information communicated on the Service is considered an electronic communication. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing. You further acknowledge and agree that by clicking on a button labelled “SUBMIT”, “CONTINUE”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract.
17.5. Force majeure. Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, governmental action, strikes, failure of telecommunications or internet infrastructure, failure or unavailability of third-party AI model providers or app stores, or cyber-attacks, for as long as such circumstances continue. This Section does not affect your right to cancel your subscription or any statutory right to a refund where the Service is unavailable for an extended period.
17.6. Survival. Sections 2.5 through 2.8, 3, 4.7, 4.8, 9, 11, 12, 14, 15, 16 and 17, and any other provision which by its nature is intended to survive, will survive the termination of these Terms and of your use of the Service.
17.7. Language. These Terms are drafted in English. Any translation is provided for convenience only; in the event of any inconsistency, the English version prevails to the extent permitted by applicable law.
18.1. For questions regarding the Service, subscriptions, billing or customer support: support@aiscan.zendesk.com
18.2. For legal notices, privacy requests, copyright complaints, arbitration opt-out and other legal matters under these Terms: legal@seapptic.com
18.3. Postal address for legal notices: Seapptic Limited, 700 North Fairfax St, Ste 614, Alexandria, VA 22314, USA
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 15.
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