Terms of Service and End User License Agreement

PLEASE READ CAREFULLY — By accessing or using Scanfluence's website, applications, or services (the "Services"), you agree to comply with and be bound by this unified Terms of Service and End User License Agreement (the "Agreement"). If you do not agree, do NOT use the Services.

1. Definitions

"Scanfluence" refers to the company providing the Services. "Customer" or "User" refers to any person or entity accessing the Services. "Software" refers to Scanfluence's web applications, mobile apps, connectors, and downloadable tools.

2. License Grant

Scanfluence grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for legitimate business purposes only, in compliance with this Agreement and applicable laws. You may not resell, redistribute, reverse engineer, or create derivative works of the Software.

3. Acceptable Use and Restricted Businesses

You must not use the Services for illegal, harmful, or inappropriate activities. Restricted businesses include:

• Illegal products or services
• Adult content and escort services
• Gambling, betting, lottery
• Controlled substances without proper licensing
• Weapons, ammunition, explosives
• Counterfeit or IP-infringing goods
• High-risk financial schemes (unregulated investments, MLM)
• Deceptive marketing or fraudulent promotions
• Violent, hateful, or extremist organizations
• Spam, phishing, or unauthorized mass messaging
• Occult and esoteric services: astrology, psychic readings, tarot, fortune-telling, spiritual healing
• Unlicensed health or medical services
• Cryptocurrency and unregulated financial products
• Social media manipulation (fake reviews, followers, engagement)
• High-risk travel and event services
• Political campaigning and lobbying without approval
• Unregistered charities and fundraising
• Tobacco and vaping products
• Fireworks and pyrotechnics
• Pyramid schemes and 'get rich quick' programs
• Sensitive/adult dating services

Scanfluence reserves the right to refuse or terminate accounts engaging in these activities.

4. User Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You must provide accurate information and promptly update it if changes occur. Any misrepresentation or attempt to bypass restrictions will result in immediate termination.

5. Payment, Renewal, and Cancellation

Fees are billed according to Scanfluence's published pricing schedule. Subscriptions automatically renew unless canceled via account settings or by written request to support@scanfluence.com. Refunds are provided only where legally required or at Scanfluence's discretion.

6. Disclaimer of Warranties

The Services are provided 'AS IS' and 'AS AVAILABLE' without warranties of any kind. Scanfluence disclaims all express, implied, statutory, or other warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that data will be preserved without loss.

7. Limitation of Liability

The total liability of Scanfluence, its affiliates, directors, officers, employees, and agents shall not exceed the fees you paid in the six (6) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities. We are not responsible for damages or disputes arising from third-party integrations, connectors, or merchant systems connected to the Services.

8. Indemnification

You agree to indemnify, defend, and hold harmless Scanfluence and its affiliates from any claims, damages, or expenses arising out of your use of the Services, including campaigns, content, or third-party integrations you operate or distribute.

9. Intellectual Property Rights

All intellectual property rights in the Services, Software, and related content remain the exclusive property of Scanfluence. You may not copy, reproduce, modify, distribute, or create derivative works without prior written consent.

10. Data Protection and Privacy

Scanfluence respects your privacy and complies with applicable data protection laws, including GDPR and PIPEDA. Our Privacy Policy explains how we collect, use, and protect your personal information.

11. End User Data

You own all data you input into the Services ("End-User Provided Data"). Scanfluence treats this data as confidential and uses it only for delivering the Services, support, security, or as required by law.

12. Suspension and Termination

Scanfluence may suspend or terminate your account immediately if you breach this Agreement, engage in restricted activities, or misuse the Services. You may terminate your account by written notice or via account settings.

13. Force Majeure

Scanfluence is not liable for delays or failures caused by events beyond its control (e.g., natural disasters, cyberattacks, outages, regulatory actions), provided reasonable mitigation is attempted.

14. Modifications to Services and Agreement

Scanfluence may update or modify the Services or this Agreement at any time. Continued use of the Services after changes are posted constitutes acceptance of the updated Agreement.

15. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Province of Ontario, Canada. Any disputes shall be subject to the exclusive jurisdiction of the courts in Ontario.

16. Contact Information