Terms and Conditions

Welcome to Scanbot! We have worked hard to make these General Business Terms and Conditions as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: legal@scanbot.io.

Scanbot is provided by doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany (hereinafter, as permitted/required by context, “we”, “our”, “us” or “doo”).

Now let us introduce Scanbot. The Scanbot team has developed high quality and easy to use scanner apps for iOS and Android. In a nutshell, Scanbot allows users to take a picture of any type of document or object , store it as a PDF or JPG file and transfer it via e-mail or fax, as well as save it to one of the supported cloud services. The complete overview of the apps (hereinafter “Apps”, “Scanbot” or “Scanbot-Apps”) is available on our website under the following URL: https://scanbot.io.

© 2014 doo GmbH. Scanbot and Scanbot SDK are registered trademarks of doo GmbH in the United States and/or other countries. All other trademarks are the property of their respective owners.

1. Scope

1.1. These General Business Terms and Conditions (hereinafter “GTC”) plus potential Special Business Terms and Conditions (hereinafter “STC”) as defined in section 1.4 below constitute the sole and exclusive legal basis for Consumers and Businesses (hereinafter “You”) to access and use Scanbot.

1.2. Under § 13 BGB [Buergerliches Gesetzbuch – German Civil Code], Consumers are natural persons who enter into a legal transaction for a purpose that cannot be ascribed either to their commercial or to their independent professional activities. Minors under the age of 14 may not use Scanbot without the permission of their parents or guardians.

1.3. Under § 14 BGB, Businesses are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.

1.4. For certain applications or services within the Scanbot Apps, it may become necessary for doo to agree on additional Special Business Terms and Conditions (“STC”) with you. These conditions will supplement the existing GTC, but can also deviate from them. In the event that they differ, the provisions of the STC shall take precedence over these GTC. We will, of course, give timely notice to you of the necessity of agreeing on STC prior to use.

1.5. In addition to any GTC and STC, additional terms of the relevant distribution platform (e.g. iTunes or Google Play) may apply for your purchase and download of the Apps; in the event of any conflict between the GTC/STC and such additional terms, the GTC/STC take precedence.

1.6. To the extent that third parties (hereinafter “Partner Companies”) offer you services using Scanbot, the respective Partner Companies are solely responsible for such services. We will inform you in a timely manner prior to such use that you are using offerings by Partner Companies for which the Partner Companies may possibly have their own general business terms and conditions.

1.7. These GTC are available on the Scanbot website as well as within the Apps under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices.

2. Subject Matter of the Agreement and Services

2.1. The subject matter of this agreement is the provision of the App “Scanbot” for capturing, saving and transferring PDF or JPG-scans. Scanbot allows you to capture a picture of any kind of document or object and save it as a PDF or JPG file. The file can then be used by other apps on the respective device, printed or transferred, e.g. via e-mail or fax, as well as archived to one of the supported cloud services.

2.2. The scope of features is defined in the respective product description. The features of the respective Scanbot apps vary per operating system, device and app version. In particular, the paid version “Scanbot Pro” contains additional features, which are not included in the free versions. In the future, the Apps may comprise further services. In this case, we may provide you with additional terms and conditions.

2.3. The use of “ScanbotPro” is subject to an one-time fee to be paid prior to download. The use of “Scanbot” is free of charge. You may, however, purchase additional features or upgrade the “Scanbot” version of the app to “ScanbotPro” against payment of an one-time fee as in-app purchase.

2.4. Additionally, you can purchase so-called „Credits” within the app. Credits enable you to send scanned documents by fax directly from within the app. By sending a fax, the number of Credits purchased by you as shown before sending will be deducted from your overall number of Credits. These GTC shall apply accordingly for the purchase of Credits.

2.5. If you send a fax using the App, our service consists in the attempt to transfer your message to the dial number specified by you. If the transmission is unsuccessful due to reasons for which we or our vicarious agents are not responsible, the service is deemed to have been rendered by doo. This applies, in particular, if the dial number is incorrectly specified by you.

2.6. We may offer you the opportunity to purchase services from Partner Companies or third parties. Upon accepting offers of this type, a contractual relationship arises exclusively between you and the respective Partner Company or third party. We do not assume any responsibility whatsoever for the performance or services rendered by these Partner Companies or third parties in general. You will be informed in due time during registration for the respective service if there are any fees associated with the use of such services.

2.7. Your Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use Scanbot are not the subject matter of these GTC. Thus, in order to be able to use Scanbot, you must ensure under your own responsibility that Internet access and all other technical devices required are in place and must bear related fees yourself.

3. Conclusion of the Agreement

3.1. The agreement on the purchase of the App in the version “Scanbot Pro”, including the granting of usage rights to the App, shall be concluded, when you, on the product description page in the relevant App Store, first click the button with the price applicable for the App and then the “Buy” button and enter your password for the relevant App Store, if applicable. Up to the click on the button “Buy” you are able to modify or cancel your order at any time.

3.2. The agreement for the provision of the App in the free version “Scanbot”, including the granting of usage rights to the App, is concluded, when you click on the button “Install” which is placed on the product description page at the respective App Store.

3.3. During in-app purchases, the agreement shall be concluded, when you select the relevant product within the App and then click the “Buy” button of the payment function offered by the relevant App Store.

3.4. The agreement can be concluded in German or English language.

4. Your Rights and Obligations

4.1. You shall use the Apps solely in compliance with applicable law, these GTC and potential STC, if applicable. In particular, you must ensure that the information you disseminate or make publicly accessible via or in the context of the Apps (i) does not violate the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) does not violate applicable law (e.g. child protection legislation) in any other way. If and as far as data or content entered, disseminated or made publicly accessible by you involves personal data of third parties, you shall be responsible for obtaining the consent of the affected individuals. You shall not spy on or impede other users while using the Apps, nor use the Scanbot Apps and/or related services for anything other than their intended purposes or in any way which disrupts or overburdens its technical operations. In particular, the Scanbot App may not be used for any of the following:

a) Disseminating content or making content publicly accessible that contains programs or files which could damage the hardware or software of doo or other Users (e.g., viruses, worms, Trojans and the like)

b) Disseminating content that is harassing, defamatory, threatening, obscene, hate-inciting, racist or in any other way legally objectionable by email or by other means or making such content publicly accessible

c) Pretending to be another person, e.g. a representative of doo or someone who is, in any other way, responsible for the Scanbot Apps or any services associated with them, or falsely laying claim to a relationship to such persons

d) Falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services

e) Disseminating content by email or by other means or otherwise making content publicly accessible for which you have no right to transmit (e.g. based on a duty to maintain confidentiality, or the like)

f) Disseminating content by email or by other means or otherwise making content publicly accessible that violates the rights of third parties, in particular patents, trademarks, and copyrights, including the rights of photographers, film-makers, composers and interpreters of musical works, etc., business secrets or other proprietary rights

g) Disseminating by email or by other means commercial advertising, junk mail, unsolicited mass email (“spam”), chain letters or pyramid schemes or otherwise making these publicly accessible

h) Using our services and/or the Scanbot App for or in the context of any unlawful activity

i) Disrupting the service’s technical operations or interrupting the normal flow of communications

j) Interfering with any of our services or related servers and networks, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.

4.2. You are solely responsible for ensuring the proper security of the content you have created with the Scanbot app and/or made public, stored, transmitted or received in connection with the services; we are not responsible for the operation and/or accessibility of third party cloud storage services you may use to store your data captured with the Scanbot apps.

5. Uploaded Files

5.1. You agree that any files or data uploaded or transferred by you via Scanbot shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.

5.2. You shall comply with the applicable terms of any third party cloud hosting service you may use to store any of the data captured with the Scanbot apps.

6. Granting of Rights

6.1. doo grants you a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the Scanbot Apps as provided to you by doo in accordance with this agreement.

6.2. You may use copies of the Scanbot Apps only to the extent required for the contractual use of the software. You may not lease the Scanbot Apps to any third party or otherwise make it temporarily accessible to any third party with or without any fee.

7. Indemnification

7.1. You hold doo harmless from all claims, including claims for damages, that other Users or any other third parties, including public agencies (“Third Parties”), assert against doo on account of a violation of their rights by the content uploaded by you in or with the help of Scanbot. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to doo as a result of your violation of the rights of other Users or Third Parties. All further rights as well as claims for damages on the part of doo shall remain unaffected. You have the right to prove that doo actually incurred lower costs.

7.2. The above duties shall apply only to the extent that you are responsible for the infringement in question; that is, insofar as you have knowingly and intentionally committed this act or have ignored the standard of due care required in normal business practice.

8. Payment and Invoicing

8.1. The provision of the free version „Scanbot” shall be free of charge.

8.2. In all other cases, you shall pay doo the fee agreed upon during conclusion of the Agreement in the relevant App Store. Payment falls due prior to download of the Apps.

8.3. All payments and prices are understood to include the statutory value-added tax currently in effect at the time, unless specifically noted otherwise at: https://scanbot.io.

8.4. Invoices will be issued electronically. You hereby consent to the electronic issuance of invoices.

9. Warranty

9.1. For the free version “Scanbot”, doo offers warranty in accordance with the applicable legal provisions.

9.2. Furthermore, doo warrants that the Scanbot Apps have the characteristics and functionalities set forth in the product description on the relevant distribution platform. You shall immediately inform doo by email of any defect.

9.3. doo does not offer any warranty for errors you have caused by damaging or incorrectly operating the Scanbot Apps. A warranty shall also not exist if you or a third party have modified the Scanbot Apps, unless you are able to prove that the defect was already present in the unmodified Scanbot App as provided by doo.

9.4. The User shall assist doo without compensation in the elimination of the defects, and shall, in particular, furnish it with all necessary information, documentation, etc. that doo requires for the analysis and elimination of the defect.

9.5. Furthermore, you shall be entitled to the statutory warranty rights.

9.6. If you are a business, your warranty claims shall expire one year after the transfer of perils.

10. Liability

10.1. For the provision of the free version “Scanbot”, doo is liable in accordance with the applicable legal provisions.

10.2. Notwithstanding the foregoing, doo bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.

10.3. In cases of slight negligence, doo is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation, the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly relies on.

10.4. The liability according to Section 10.3 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.

10.5. You are obliged to regularly back up the data stored via the App, to the extent possible. In the event of data loss, the liability of doo under Section
10.3 is limited to the costs that would have occurred had you performed appropriate data backup.

10.6. In the event of data loss doo’s liability according to Section 10.2 is limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.2.

10.7. The limitations of liability apply correspondingly to employees, representatives and vicarious agents of doo.

10.8. Any liability of doo for warranties expressly indicated as such and for claims due under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

10.9. Apart from that, any liability of doo is excluded.

10.10. Vis-à-vis Businesses, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out and if you have become aware of the circumstances which substantiate the claim and the person of the debtor or would have become aware of these if you had not shown gross negligence.

11. Notices

11.1. Explanations or notices to you will be published by doo via the Apps or will be sent to you by email.

11.2. You are asked to report violations of your copyrights to doo’s legal department. In the process, doo requests the following information to be made available:

a) an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right

b) a description of the copyright protected work with respect to which rights were infringed, in your opinion

c) a description of where the material is located that, in your opinion, infringes on copyrights

d) your address, telephone number and email address

e) a declaration that, to the best of your knowledge and belief, the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law

f) a declaration in lieu of an oath that the foregoing information is truthful and that you are the holder of the copyrights or are authorized to act in the name of the copyright holder.

11.3. You can reach the Legal Department via email to: legal@scanbot.io

12. Right of withdrawal for consumers

If you are a consumer, you have a right of withdrawal in accordance with the following instruction:

Right of Withdrawal
You have the right to withdraw from this Agreement without stating any reason within fourteen days.

The withdrawal period shall be fourteen days from the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the goods. In the event of an agreement on several goods, which you have ordered within the framework of a standard order and which are delivered separately, the period shall begin on the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the last item.

To exercise your right of withdrawal, you must inform us (doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany, legal@scanbot.io) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.

To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before expiry of the withdrawal period.

Consequences of Withdrawal
If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund.

Withdrawal form template
(If you wish to withdraw from the agreement, please fill in this form and return it to us.)
To doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany, legal@scanbot.io

I/We (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for paper notifications)

Date

(*) Delete as applicable.

13. Complaints procedure

13.1. The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/. doo is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.

14. General Provisions

14.1. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules, shall apply. This does not apply for consumers with regard to such provisions, which – according to the law applicable if this clause would not exist (which is in general the law of the Consumer´s primary residence) – are legally compulsory and cannot be waived by parties´ agreement.

14.2. If you are a Consumer and do not have a place of residence in Germany or in another EU Member State, or if you move your permanent residence abroad after the effective date of these conditions, or if at the time a complaint is filed your residence or customary abode is unknown, doo’s registered office shall be the exclusive place of jurisdiction for all disputes arising under these GTC.

14.3. In the event of legal disputes with Merchants, Bonn, Germany is agreed upon as the sole place of jurisdiction.

14.4. If individual provisions of these GTC are or become ineffective, and/or conflict with provisions of law, the validity of the remainder of the GTC shall not be otherwise affected. The contractual parties shall replace the ineffective provision by mutual agreement with a provision that comes as close as possible to the intent of the ineffective provision. This shall apply accordingly to gaps.

Special Terms and Conditions for the Access and Use of Scanbot for Business for Scanbot Android

Welcome to Scanbot for Business for Scanbot Android! We have worked hard to make these General Business Terms and Conditions as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: legal@scanbot.io.

Scanbot for Business for Android (“Scanbot for Business Android”) is provided by doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany (here-inafter, as permitted / required by context, „we“, „our“, „us“ or „doo“).

With Scanbot for Business Android you enable the option in your Scanbot app for Android to upload scanned objects or documents directly to the cloud storage of DATEVconnect online.

1. Scope of application

1.1. These Special Terms and Conditions for the Use of Scanbot for Business Android (hereinafter "STC Scanbot for Business Android") plus our General Terms and Conditions for the Use and the Usage of Scanbot (hereinafter "GTC") and other possible additional Special Terms and Conditions constitute the sole and exclusive legal basis to access and use Scanbot for Business Android.

1.2. These STC Scanbot for Business Android are directed exclusively at businesses.

1.3. Under § 14 BGB, Businesses are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.

1.4. These STC Scanbot for Business Android supplement our GTC. In case of deviations the regulations of these STC Scanbot for Business Android take precedence over our GTC. In all other respects, our GTC apply.

1.5. In addition to these STC Scanbot for Business Android, additional terms of the relevant distribution platform (e.g. iTunes or Google Play) may apply for your purchase and download of the Apps; in the event of any conflict between the STC Scanbot for Business Android and such additional terms, the STC Scanbot for Business Android take precedence.

1.6. These STC Scanbot for Business Android are available on the Scanbot website as well as within the Scanbot app for Android under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices. We do not otherwise store this contract text after conclusion of the contract.

2. Subject Matter of the Agreement and Services (trial and paid subscription for Scanbot for Business for Scanbot Android)

2.1. The subject matter of this Agreement is the provision of Scanbot for Business for Scanbot Android for a specific duration. Scanbot for Business Android will initially be made available to you free of charge for a maximum of seven days ("Trial Subscription") and then, unless you have deactivated the automatic renewal and related conversion to a paid subscription in your Google Play account at least 24 hours before the expiration of the free trial subscription, against a fee. Scanbot for Business Android extends the functionality of your Scanbot app for Android and allows you to upload scanned objects or documents directly to the cloud storage of DATEVconnect online via your Scanbot app for Android.

2.2. The exact scope of the functionalities results from the respective product description.

2.3. If you have used the free version of Scanbot for Android before, you will automatically receive the extended functionality of Scanbot Pro for the duration of your Scanbot for Business Android-subscription.

3. Conclusion of the Agreement

3.1. The contract for the purchase of the Scanbot for Business Android-subscription comes into effect when you call up "DATEVconnect online" in your Scanbot app for Android (by e.g. clicking on "Settings", "Cloud Services" and "Add Service") and click on the "Subscribe" button in the window that appears and successfully complete your registration information and the confirmation process for the Google Play Store (hereinafter "Conclusion of Contract"). You can change or cancel your order at any time until you click on the "Subscribe" button.

3.2. The contract can be concluded in German or English.

4. Your Rights and Obligations

4.1. You may use the trial subscription for Scanbot for Business Android only once (i.e. once per User ID). The unused trial period expires if you purchase a paid Scanbot for Business Android-subscription during the trial period.

4.2. If you have used the paid version of the Scanbot for Android app "Scanbot Pro", you are not entitled to a refund of the fee you paid for using Scanbot Pro by signing up for the Scanbot for Business Android-subscription.

4.3. After termination of this Contract, you will have access to the version of the Scanbot for Android app to which you had access prior to signing up for the Scanbot for Business Android-subscription. In particular, you are no longer entitled to the functionality of the Scanbot Pro version if you have used the free version of the Scanbot app for Android before signing up for the Scanbot for Business Android-subscription.

4.4. You are solely responsible for the proper and regular backup of content created or made public, stored, transmitted or received using the Scanbot for Business Android-subscription; we are not responsible for the operation of the cloud storage service DATEVconnect online. We recommend that you save all data immediately if you change your data.

5. Duration and termination; transfer from trial subscription to paid subscription

5.1. After conclusion of the contract, a free trial subscription of no more than seven days begins, in which you can use Scanbot for Business Android free of charge.

5.2. If you have not deactivated the automatic renewal and the related conversion of the Trial Subscription into a paid subscription in your Google Play account at least 24 hours before the end of the free trial subscription, the paid subscription begins hereafter. Of course, you can also subscribe for a paid subscription before the Trial Subscription expires. Your Scanbot for Business Android-subscription is valid for one year from the date of the conclusion of the contract ("Contract Year").

5.3. After the expiration of the previous Contract Year, your paid Scanbot for Business Android-subscription will automatically renew for another Contract Year if you do not deactivate automatic renewal in your Google Play account settings at least 24 hours before the end of the respective Contract Year.

5.4. You can cancel your Trial Subscription or paid Scanbot for Business Android-subscription at any time by turning off automatic renewal in your Google Play account. This must be done at the latest 24 hours before the end of the Trial Subscription or paid subscription to avoid payment. The termination will take effect after the last day of the existing subscription period and the Scanbot for Business Android functionality will no longer be available.

6. Payment and Invoicing

6.1. The remuneration as agreed when concluding the contract is due per Contract Year.

6.2. The remuneration is due in advance for each Contract Year. The remuneration for the second and subsequent Contract Years is due 24 hours before the start of the respective Contract Year.

6.3. When due, your Google Play account will be charged in the amount of the agreed fee.

6.4. All payments and prices include the applicable statutory value-added tax, unless specifically noted otherwise at: https://scanbot.io.

6.5. Invoices is carried out electronically. You hereby consent to the electronic issuance of invoices.

7. Liability

7.1. doo bears unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.

7.2. In cases of slight negligence, doo is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation, the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly relies on.

7.3. The liability according to Section 7.2 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.

7.4. You are obliged to regularly back up the data stored and/or transmitted via Scanbot for Business Android, to the extent possible. In the event of data loss, the liability of doo under Section 7.2 is limited to the costs that would have occurred had you performed appropriate data backup.

7.5. In the event of data loss doo’s liability according to Section 7.2 is limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.4.

7.6. The limitations of liability apply correspondingly to employees, representatives and vicarious agents of doo.

7.7. Any liability of doo for warranties expressly indicated as such and for claims due under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

7.8. Apart from that, any liability of doo shall be excluded.

7.9. Vis-à-vis Businesses, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out and if you have become aware of the circumstances which substantiate the claim and the person of the debtor or would have become aware of these if you had not shown gross negligence.

Special Terms and Conditions for the Access and Use of the Scanbot Pro Subscription for iOS

Welcome to the Scanbot Pro Subscription! We have worked hard to make these Special Terms and Conditions for the Access and Use of Scanbot Pro Subscription as balanced, clear and concise as possible. If you have any suggestions how we can improve them, please send your ideas and recommendations to the following email address: legal@scanbot.io.

The Scanbot Pro Subscription is provided by doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany (here-inafter, as permitted / required by context, „we“, „our“, „us“ or „doo“).

With the Scanbot Pro Subscription you enable addition functions in your Scanbot App that have been added since version 9 and are not included in the free version or in the upgrades prior to version 9. The details are governed by the following Special Terms and Conditions.

1. Scope of application

1.1. These Special Terms and Conditions for the Access and Use of the Scanbot Pro Subscription (hereinafter "STC Scanbot Pro Subscription"), our Special Terms and Conditions for the Use of Scanbot for Business plus our General Terms and Conditions for the Use and the Usage of Scanbot (hereinafter "GTC") and other possible additional Special Terms and Conditions constitute the sole and exclusive legal basis to access and use the Scanbot Pro Subscription.

1.2. These STC Scanbot Pro Subscription supplement our GTC. In case of deviations the regulations of these STC Scanbot Pro Subscription take precedence over our GTC. In all other respects, our GTC apply.

1.3. In addition to these STC Scanbot Pro Subscription, additional terms of the relevant distribution platform (e.g. iTunes or Google Play) may apply for your purchase and download of the Apps; in the event of any conflict between the STC Scanbot Pro Subscription and such additional terms, the STC Scanbot Pro Subscription take precedence.

1.4. These STC Scanbot Pro Subscription are available on the Scanbot website as well as within the Scanbot app under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices. We do not otherwise store this contract text after conclusion of the contract.

2. Subject Matter of the Agreement and Services (trial and paid subscription for Scanbot Pro Subscription)

2.1. The subject matter of this Agreement is the provision of the Scanbot Pro Subscription for a specific duration. Scanbot Pro Subscription is available for a monthly ("Monthly Subscription") or an annual term ("Annual Subscription"). If you choose the Monthly Subscription, Scanbot Pro Subscription will initially be made available to you free of charge for a maximum of seven days ("Trial Subscription") and then, unless you have deactivated the automatic renewal and related conversion to a paid subscription in your iTunes account at least 24 hours before the expiration of the free trial subscription, against a fee. Scanbot Pro Subscription extends the functionality of your Scanbot app and allows you to use the additional functions specified in the contract and any additional functions provided in the future.

2.2. The exact scope of the functionalities results from the respective product description.

3. Conclusion of the Agreement

3.1. The contract for the purchase of the Scanbot Pro Subscription comes into effect when you open "Settings" by clicking on the Gear icon and then click on the "View Pro Functions" button in the window that appears and then on the "1 Month" or "12 Months" button. You must then successfully complete your registration information and the confirmation process for the respective App Store (hereinafter "Conclusion of Contract"). You can change or cancel your order at any time until you click on the "Confirm purchase" button of the App Store.

3.2. The contract can be concluded in German or English.

3.3. Payment for your Scanbot Pro Subscription will be charged to your iTunes Account at confirmation of purchase by Apple.

4. Your Rights and Obligations

4.1. You may use the trial subscription for the Scanbot Pro Subscription only once (i.e. once per User ID or iTunes account).

4.2. If you have used the paid version of the Scanbot app “Scanbot Lite”, "Scanbot Pro", “Scanbot VIP” you are not entitled to a refund of the fee you paid for using Scanbot Pro by signing up for the Scanbot Pro Subscription. This also applies if from time to time we provide special offers for buyers of Scanbot Pro Subscription.

4.3. After termination of this Contract, you will have access to the version of the Scanbot app to which you had access prior to signing up for the Scanbot Pro Subscription. In particular, you are no longer entitled to the functionality of the Scanbot Pro version if you have used the free version of the Scanbot app before signing up for the Scanbot Pro Subscription.

4.4. You are solely responsible for the proper and regular backup of content created or made public, stored, transmitted or received using the Scanbot Pro Subscription. We recommend that you save all data immediately if you change your data.

5. Duration and termination; transfer from trial subscription to paid subscription

5.1. Your Scanbot Pro Subscription is valid for one month (“Contract Month”) or one year from the date of the conclusion of the contract ("Contract Year"), as you choose.

5.2. After conclusion of the contract for the Monthly Subscription, a free trial subscription of no more than seven days begins, in which you can use Scanbot Pro Subscription free of charge. If you have not deactivated the automatic renewal and the related conversion of the Trial Subscription into a paid subscription in your iTunes account at least 24 hours before the end of the free Trial Subscription, the paid Monthly Subscription begins hereafter. Of course, you can also subscribe for a paid subscription before the Trial Subscription expires. In this case, any unused portion of the Trial Subscription will be forfeited. For clarification: The Trial Subscription is only available to you when you select the Monthly Subscription. After the Trial Subscription has expired, a paid Monthly Subscription begins.

5.3. After the expiration of the previous Contract Month respectively Contract Year, your paid Scanbot Pro Subscription will automatically renew for another Contract Month respectively Contract Year if you do not deactivate automatic renewal in your iTunes account settings at least 24 hours before the end of the respective Contract Month respectively Contract Year. For clarification: In the case of a Monthly Subscription, your Scanbot Pro Subscription is automatically renewed for another Contract Month; in the case of an Annual Subscription, your Scanbot Pro Subscription is automatically renewed for another Contract Year.

5.4. You can cancel your Trial Subscription or paid Scanbot Pro Subscription at any time by turning off automatic renewal in your iTunes account. This must be done at the latest 24 hours before the end of the Trial Subscription or paid subscription to avoid payment. The termination will take effect the day after the last day of the Trial Subscription period. The Scanbot Pro Subscription functionalities are then no longer available to you.

6. Payment and Invoicing

6.1. The remuneration as agreed when concluding the contract is due per Contract Month respectively Contract Year.

6.2. The remuneration is due in advance for each Contract Month, in the case of the Monthly Subscription, or each Contract Year, in the case of the Annual Subscription. The remuneration for the second and subsequent Contract Months respectively Contract Years is due 24 hours before the start of the relevant Contract Month respectively Contract Year.

6.3. When due, your iTunes account will be charged in the amount of the agreed fee.

6.4. All payments and prices include the applicable statutory value-added tax.

6.5. Invoices is carried out electronically. You hereby consent to the electronic issuance of invoices.

7. Liability

With regard to the liability of doo, Clause 10 of the GTC applies.

8. Right of withdrawal for consumers

8.1. If you are a consumer, you have a right of withdrawal in accordance with the following instruction:

Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period shall be fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany, legal@scanbot.io) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.

To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal
If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund.

If you have requested that the Services be commenced during the withdrawal period, you must pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.

8.2. Withdrawal form template

Withdrawal form template
(If you wish to withdraw from the agreement, please fill in this form and return it to us.)
To doo GmbH, Joseph-Schumpeter-Allee 25, 53227 Bonn, Germany, legal@scanbot.io

I/We (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for paper notifications)

Date

(*) Delete as applicable.

8.3. If you have purchased a subscription using the App Store, in the event that you want to withdraw from your contract, we kindly ask you to attach your App Store invoice to your request as we do not receive any names or email addresses from Apple. Attaching your invoice speeds up the process of identifying your purchase and initiating your refund. However, this does not constitute a limitation of your statutory right of withdrawal as set forth in clause 8.1 and 8.2.

8.4. Notwithstanding the foregoing, you can also request a refund using the web interface provided by Apple for all App Store purchases: https://reportaproblem.apple.com/. However, this does not constitute a limitation of your statutory right of withdrawal as set forth in clause 8.1 and 8.2.

9. Applicability of the GTC

In all other respects, the GTC apply.