You subscribe to our services for a specific term (annual, half-yearly, quarterly, or
monthly), and your subscription expires at the end of term and will be automatically
renewed, if recurring purchase option has been kept enabled. If you have cancelled
recurring purchase, your subscription will not be automatically renewed.
You can upgrade or downgrade level of our services at any time of your usage. In both
cases, the previous remaining advance payment (if any and calculated on a pro-rata
basis) will be adjusted by increasing the period of the new subscription accordingly. If
you wish for a refund, a decision will be made on a case-to-case basis.
If you stop using our services in between the term, any refund (if applicable) will be
governed by our Refund Policy.
If your plan expires, we will retain your data for a maximum period of 26 months. Upon
failure to renew subscription within this period, the account and all data will be
permanently deleted to ensure data privacy of the user. See Privacy
Policy (Updated on May 23, 2018).
As per the new privacy policies, you can request to permanently erase your account and
all data at anytime. You can also request to download a copy of all data. You can make
these requests at [email protected]
or at [email protected]
If you use our paid services and sign-up with your company email ID, we can use your
company logo on our websites, social media, and other marketing media for promotional
purposes. However, you can revoke this consent at anytime by sending us a request at [email protected]
If you have agreed to our Term of Use, you do not need to agree separately to a Data
Processing Agreement as it is now an addendum to the Terms of Use, starting May 23,
2018. However, if required, you can request a signed copy here at Scanova DPA
We may modify the terms at any point of time, but will let you know in advance
TERMS OF USE
Please understand that by accepting these terms and conditions, Customer represents and
warrants that the Customer is major and thus legally capable to enter into contract and
in case Customer is acting on behalf of some business entity, Customer is duly
authorized to enter into agreement on behalf of the entity Customer is representing.
Customer also represents and warrants that the Customer is not a competitor of Trycon
Technologies Private Limited (Scanova).
Now therefore by clicking "I agree", ordering and/or using Trycon Technologies’ products
and services, Customer agrees to be bound by all of the terms and conditions of this
agreement (hereinafter referred to as the agreement).
This agreement is entered between Trycon Technologies Private Limited a company
registered under Companies Act 1956 in India, having its registered office at 2, Rail
Vihar, Sector 33, Noida, Uttar Pradesh 201307, India and the payer or/and the recipient
of services hereunder as identified as part of the subscription process for Trycon
Technologies Services herein after called as “Customer”.
Now whereas Customer and Trycon Technologies both hereby agree to the terms &
conditions hereinafter mentioned:
SCOPE OF SERVICE:
Trycon Technologies offers Scanova services (The Service) which
includes the following:
Product’s application interface (the “Generator”, “Saved QR Codes”, “Leads”,
“Analytics”, “Advanced Settings”, “QR Code Generation API”, “QR Code Management API”).
The service is hosted at a domain managed by the company.
Product’s data collection and content delivery network.
Support offered by the company primarily via email address [email protected], phone
number +1-855-440-7400, and other customer support channels.
FREE TRIAL ACCOUNT:
If you register for a free trial account of the Service, we will
make the Service (on a limited basis) available to you free of charge until the start
date of your subscription or expiry of the free trial. If we include additional terms
and conditions on the free trial account registration web page, those will apply as
well. In the free trial account (i) the Service is provided “as is” and without warranty
of any kind, (ii) we may suspend, limit, or terminate the Service for any reason at any
time without notice, and (iii) we will not be liable to you for damages of any kind
related to your use of the Service.
LAWFUL USE OF THE SERVICES:
Customer hereby agrees to use the services of Trycon
Technologies only in authorized manner as per terms of services/ package selected. In
case it is found that use of services violates the terms of this agreement or any other
law, rule or regulation enacted by the concerned authorities from time to time, Trycon
Technologies reserves its right to terminate the agreement with immediate effect.
TRYCON TECHNOLOGIES’
RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES:
Agreements
In the performance of Services, Trycon Technologies agrees to:
Perform the Services to the best of its ability and with the degree of care, diligence
and skill that a reasonably prudent person would exercise in comparable circumstances;
Liaise with Customer through Customer’s coordinator on matters related to the
Services;
Notify Customer, whenever practicable, if expenses beyond the agreed charges may be
incurred;
Invoice Customer according to the terms of this Agreement and the applicable Service
Schedule for the Services performed; and
Proceed according to Customer’s reasonable instructions for the disposition of
Customer’s Data and supplies on the termination of any Service Schedule.
Reasonable Attempts to Correct Errors on Notice
Trycon Technologies warrants that it will at its expense make
commercially reasonable attempts to correct any errors for which Trycon Technologies is
directly and solely responsible by rerunning the Service, provided that the Data
necessary to correct such errors is available to Trycon Technologies; or at Trycon
Technologies’ option provide a credit to Customer equivalent to the charge that would
have been applicable for correcting that portion of the Service that is in error, such
credit will be only for errors due solely to malfunction of a system or Software
provided by Trycon Technologies or any error made by Trycon Technologies’ personnel in
the performance of the Service. To obtain the rerun Service or the credit, Customer must
notify Trycon Technologies in writing of such errors within fifteen days of receipt of
the Services believed to contain the errors.
CUSTOMER’S RESPONSIBILITIES,
REPRESENTATIONS AND WARRANTIES:
Agreements
Customer agrees to:
Provide all necessary Data and any special forms or other required materials or
information to Trycon Technologies on schedule or in a timely fashion to enable Trycon
Technologies to provide the Services;
Ensure the accuracy, legibility, and completeness of all Data supplied to Trycon
Technologies and be solely responsible for the results obtained from Customer’s use of
any of the Services;
Liaise with Trycon Technologies through a coordinator. Customer will identify, on
matters related to the Services and authorize that coordinator to make decisions on
behalf of Customer in relation to the implementation of this Agreement and the Services
and any changes thereto;
Comply with Trycon Technologies’ security and operating procedures (as may be revised or
amended by Trycon Technologies from time to time) when Customer’s employees or agents
are interfacing with Trycon Technologies installed systems;
Control, and be responsible for the use of, account information, user ids and passwords
related to the Services and, where required, when interfacing with Trycon Technologies
installed systems;
Customer Representations
Customer represents and warrants to Trycon Technologies that:
(a) the information Customer has provided for the purpose of establishing an account
with Trycon Technologies is accurate, and (b) Customer has complied with and will
continue to comply with all applicable privacy laws and has obtained and will continue
to obtain the requisite privacy consents in the collection and use of all information
that may be collected on any website or maintained on any server hosted by Trycon
Technologies.
TERM, TERMINATION AND SUSPENSION OF
SERVICE:
Initial Term
The initial subscription term shall begin on the effective date
of your Subscription and expire at the end of the period selected during the
subscription process.
Termination by Customer
Customer may terminate this Agreement before the end of the Term
without liability (except for amounts due for Services provided up to the effective date
of the termination) if “Trycon Technologies” (a) fails to provide the Services in
accordance with the terms of this Agreement, such failure causes material harm to
Customer and “Trycon Technologies” does not cure the failure within 10 days of receipt
of notice in writing from Customer describing the failure in reasonable detail; or (b)
materially violates any other provision of this Agreement and fails to cure the
violation within 30 days of receipt of notice in writing from the Customer describing
the violation in reasonable detail.
Termination by “Trycon Technologies”
“Trycon Technologies” may terminate this Agreement before the
end of the Term without liability (a) on 7 business days’ notice to Customer if Customer
is overdue on the payment of any amount due under this Agreement; (b) if Customer
materially violates any other provision of this Agreement and fails to cure the
violation within 10 days’ notice in writing from “Trycon Technologies” describing the
violation in reasonable detail; or (c) immediately on written notice upon Customer
becoming insolvent or bankrupt within the meaning of the Bankruptcy and Insolvency Laws.
Following termination
It is agreed that in case of termination, the fees owed to
Trycon Technologies as per this agreement will not be cancelled or waived. Customer’s
data and account settings shall be irrevocably deleted within 30 days from the date of
termination. It shall be Customer’s exclusive responsibility to secure all necessary
data from Customer’s account prior to termination.
Suspension of Service
Trycon Technologies will be entitled to suspend the Service
without liability if (a) Trycon Technologies, acting reasonably, believes that the
Service is being used in violation of this Agreement or any applicable law; (b) Customer
is in breach of any material term of this Agreement including, without limitation,
failing to pay invoiced amounts in full within 30 days of the Due Date. The Customer
will not be able to access any files on Trycon Technologies’ servers during a suspension
of Service. Trycon Technologies will use commercially reasonable efforts to give the
Customer advance notice in writing of a suspension of Service unless a law enforcement
or governmental agency directs otherwise or suspension without notice is necessary to
protect Trycon Technologies or its other customers. A suspension of Service under this
subsection will not be considered a breach by Trycon Technologies of the terms of this
Agreement.
Term of suspension and retention of data
Trycon Technologies shall keep the account of customer suspended
for the reasons stated in para (v) above for a maximum period of 1 Year, thereafter the
account stands deleted and customers data/information shall be deleted from the database
of Trycon Technologies. But on special request and on being assured by the customer
about resumption of services, Trycon Technologies may extend the period of suspension
and retain the data/information for further specified period of time as agreed.
Renewal of Term
The paid subscription and this Agreement will automatically
renew, if recurring purchase option has been kept enabled. If you have cancelled
recurring purchase, your subscription will not be automatically renewed.
Trycon Technologies stores your payment information via its
payments provider 2Checkout.
FEES, BILLING, TAXES, CHARGES:
Fees
The fees set forth in the order form created at the outset of “Customer’s” account shall
be effective for the Initial Term, provided that Trycon Technologies shall have the
right to revise these fees at any time upon thirty (30) days written notice to Customer.
In the event that Customer does not agree with such fee revision, Customer shall have
the right to terminate this Agreement upon thirty (30) days written notice, provided
that such notice of termination must be received within thirty (30) days of date of
notice of the fee increase.
Billing and Payment Arrangements
Trycon Technologies will bill Customer on an annual/quarterly/half yearly/monthly or any
other mutually agreed period basis for all recurring fees (refer the link for
payment/subscription plans). One‐time fees, including late payment fees, invoice
processing fees, and returned check fees may occur at any time. All requests for refunds
will be dealt as per the company’s Refund Policy. Invoices/payments are irrevocably
deemed final and accepted by Customer unless disputed or sought clarification within
thirty (30) days from the date of issue. Customer shall at all times provide and keep
current and up‐to‐date Customer’s contact, credit card, if applicable, and billing
information on the administrative control panel.
Payment by Credit Card/ Wire Transfer/Cheque
For payment Trycon Technologies shall only provide an electronic invoice to Customer.
Customer may view and print an invoice for Customer’s account. A request can be made for
a PDF version of the invoice by sending an email to [email protected] If you are
paying by credit card, you authorize us to charge your credit card or bank account for
all fees payable at the beginning of the Initial Subscription Term. You further
authorize us to use a third party to process payments, and consent to the disclosure of
your payment information to such third party. Trycon Technologies can allow any other
mode of payment on special requests and circumstances of the Customer.
Taxes
Customer acknowledges that the all applicable taxes, duties or government levies
whatsoever are included in the fees and expenses charged under this Agreement.
MODIFICATION OF TERMS AND
CONDITIONS:
Trycon Technologies may update, amend, modify or supplement the terms and conditions of
this Agreement from time to time and will use reasonable efforts to notify Customer
regarding the same. Customer is responsible for regularly reviewing the most current
version of this Agreement at any time at http://scanova.io/terms-conditions. If at any
time Customer do not agree with any amendment, modification or supplement to the terms
and conditions of this Agreement, Customer may terminate this Agreement for convenience
as per Clause 4 mentioned aforesaid. Customer’s continued use of Customer’s account
and/or the services after the notice period will be conclusively deemed to be acceptance
by Customer of any such modifications or amendment.
LIMITED WARRANTY; LIMITATION OF DAMAGES:
Trycon Technologies provides services “as is”. Customer expressly agrees that use of
Trycon Technologies services is at Customer’s sole risk. Trycon Technologies and its
subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors
expressly disclaim all warranties of any kind, whether express or implied, including,
but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non infringement. Customer hereby agree that the terms of this agreement
shall not be altered due to custom or usage or due to the parties’ course of dealing or
course of performance under this agreement.
Trycon Technologies and its subsidiaries, affiliates, officers, employees, agents,
partners, vendors and licensors shall not be liable for any direct, indirect,
incidental, special, punitive or consequential damages, including but not limited to
damages for lost profits, business interruption, loss of programs or information, and
the like, that result from the use or inability to use the services or from mistakes,
omissions, interruptions, deletion of files or directories, errors, defects, delays in
operation, or transmission, regardless of whether Trycon Technologies has been advised
of such damages or their possibility.
Customer agrees that Customer’s sole remedy for any claims regarding the Services is
limited to the credits set forth and agreed as per tariff plan opted by the Customer
Customer is fully responsible for the content of the information and data passing
through Trycon Technologies 's network or using the Services and for all activities that
Customer conduct with the assistance of the Services.
SOFTWARE AND INTELLECTUAL PROPERTY
RIGHTS:
All
Intellectual Property Rights, including any Software, owned by a party, its licensors or
subcontractors as at the effective date of this Agreement shall continue to be owned by
such party, its licensors or subcontractors and, except as expressly provided in this
Agreement, the other party shall not acquire any right, title or interest in or to such
Intellectual Property Rights. Trycon Technologies shall own all right, title and
interest in and to any materials created or developed by Trycon Technologies or its
subcontractors for its internal use or for assisting Customer in the provision of the
Services and Customer shall own all right, title and interest in and to any Intellectual
Property Rights resulting or based on any work product created or developed exclusively
for Customer under this Agreement if fully paid for by Customer.
Right to use logo
The customer agrees to let Trycon Technologies use their organization's logo in Trycon
Technologies’s customer list and at other places on its website (including but not
limited to Scanova.io, Scanova.in, scnv.io, and scnv.in).
License of Customer Software and Intellectual Property
Customer agrees to grant to Trycon Technologies, solely for Trycon Technologies’s
provision of the Services, a license during the Term to use any Intellectual Property
Rights, including any Software, owned by or licensed to Customer by third parties and
that is necessary for providing the Services to Customer and otherwise performing its
obligations under this Agreement. With respect to any Intellectual Property Rights and
Software used by Trycon Technologies to provide the Services, Customer represents and
warrants that: (a) Customer is either the owner of such Intellectual Property Rights or
Software or is authorized by its owner to include it under this Agreement; and (b)
Trycon Technologies has the right during the Term to use such Intellectual Property
Rights and Software for the purpose of providing the Services to Customer as
contemplated by this Agreement.
No Assurance of Compatibility
Customer acknowledges that Trycon Technologies makes no representation, warranty or
assurance that the Customer’s equipment and Software will be compatible with Trycon
Technologies’s equipment, Software and systems or the Services.
CONFIDENTIALITY:
Trycon Technologies will not use any of Customer’s Confidential Information except in
connection with the performance of the Services or the exercise of its rights under this
Agreement and will take all reasonable precautions to maintain the confidentiality of
Customer’s Confidential Information and to prevent the unauthorized disclosure to others
of the Confidential Information. Trycon Technologies shall implement industry standard
security procedures, such as appropriate firewall, encryption and access security
measures but shall not be liable for damages caused to Customer by inadvertent breaches
of confidentiality. See Scanova’s Privacy Policy
(Updated on May 23, 2018).
Trycon Technologies shall only disclose the Confidential Information to those of its
employees and permitted agents and subcontractors who have a need to know and require
access to the Confidential Information as may be reasonably necessary in the exercise of
Trycon Technologies’s rights and performance of the Services under this Agreement.
Notwithstanding anything to the contrary in this Agreement, Trycon Technologies will not
be required to keep confidential, and may use or license without restriction, any ideas,
concepts, know-how or techniques related to information processing which are developed
by Trycon Technologies in the performance of Services.
Notwithstanding the foregoing, Trycon Technologies shall be permitted to: (i) monitor
Customer’s use of the Services; (ii) report to the appropriate authorities any conduct
by Customer (or Customer’s customers or end users) that Trycon Technologies reasonably
believes violates any applicable law, (iii) provide any information, including
Confidential Information, required by law or regulation to be disclosed, or in response
to a formal or informal request from a law enforcement or government agency; and (iv)
disclose that Trycon Technologies is providing the Services to Customer and may include
Customer’s name in promotional materials including press releases and on Trycon
Technologies’s website.
INDEMNIFICATION:
Customer shall indemnify, defend and hold harmless Trycon Technologies (and its
subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors
and licensors) of any and all Claims (including third party Claims) arising as a result
of or in relation to any breach of this Agreement or fault by Customer, or in relation
to any activities conducted by Customer through the Services, or otherwise in relation
to “Customer’s” products or services.
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of India.
Customer agree, in the event any claim or suit is brought in connection with this
Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of
Uttar Pradesh, India. In any action to enforce this Agreement, including, without
limitation, any action by Trycon Technologies for the recovery of fees due hereunder,
Customer shall pay reasonable attorney's' fees and costs in connection with such action.
SEVERABILITY:
In the event that any one or more of the provisions contained herein shall, for any
reason, be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any of the other provisions
of this Agreement, and this Agreement shall be construed as if such provision(s) had
never been contained herein, provided that such provision(s) shall be curtailed,
limited, or eliminated only to the extent necessary to remove the invalidity,
illegality, or unenforceability.
WAIVER:
No waiver by Trycon Technologies of any breach by Customer of any of the provisions of
this Agreement shall be deemed a waiver of any preceding or succeeding breach of this
Agreement. No such waiver shall be effective unless it is in writing signed by the
parties hereto, and then only to the extent expressly set forth in such writing.
ASSIGNMENT:
Neither party may assign or transfer this Agreement or any rights or obligations
hereunder, in whole or in part, except with the prior written consent of the other
party, which shall not be unreasonably be withheld; provided that Trycon Technologies
may assign or transfer this Agreement, or any rights or obligations hereunder, in whole
or in part: (i) to an affiliate of Trycon Technologies, (ii) in connection with a
merger, amalgamation or sale of all or a substantial part of the business of Trycon
Technologies, or (iii) for financing, securitization or other similar purposes, which
assignments and/or transfers shall operate novation and discharge Trycon Technologies
hereunder. A change of control of Customer shall be deemed to be an assignment and
transfer hereunder and shall be governed by the requirements of this provision.
The terms and conditions along with privacy policies with all references, constitutes
the sole and entire agreement of the parties to this agreement with respect to the
subject matter contained herein, and supersedes all prior terms and conditions which
were agreed by the Customer.
DATA PROCESSING ADDENDUM
If you are a paying subscriber to the products and services of Trycon Technologies, to
the extent that Trycon Technologies processes any Personal Information (as defined in
the DPA) contained in End-User Data that is subject to the GDPR (as defined in the DPA),
on your behalf, in the provision of the Service, the terms of the data processing
addendum at Scanova DPA ("DPA"), which are hereby
incorporated by reference, shall apply and the parties agree to comply with such terms.
For the purposes of the Standard Contractual Clauses attached to the DPA, when you are
the data exporter, your agreeing to these Terms of Service shall be treated as signing
of the DPA, including, without limitation, the Standard Contractual Clauses and their
Appendices.
The terms and conditions along with privacy policies with all references, constitutes
the sole and entire agreement of the parties to this agreement with respect to the
subject matter contained herein, and supersedes all prior terms and conditions which
were agreed by the Customer.
