Effective Date: February 22, 2022


These Terms of Use (these “Terms“) shall govern your (“You“, “Your” or “user“) access and use of the website located at www.scanergy.ch (the “Website“) an online resource for information related to Scanergy GmbH (“We”,“Us“ or “Our“) activities, products and services. By using or accessing the Website you agree to be bound by these Terms.


You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Scanergy. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.


We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.


If you violate these Terms, Scanergy reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that Scanergy does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.


Services


Scanergy provides a proprietary software (“Software“) which enables capturing, sharing, and communicating 3D models utilized by the user (“Services“). The Website (including linked product websites of Scanergy) is designed to provide essential information on the Services, obtain a license to use the Software (as further detailed below) and enable users to contact Scanergy regarding the Services.


Grant of License


Subject to your agreement and compliance with the Scanergy General Terms and Conditions, Scanergy may grant you via the Website a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Software. Use of the Software shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Software is limited by the Scanergy General Terms and Conditions, and, if you violate or if, at any point, you do not agree to the Scanergy General Terms and Conditions, your license to use the Software shall immediately terminate, and you shall immediately refrain from using the Software.


Access to the Website


It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Scanergy does not provide you with the equipment to access and/or use our Website. Scanergy cannot guarantee that the Website will always function without disruptions, delay or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Scanergy takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).


Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.


User Content


You agree that any content published by you through the Website is done so through the use of technology and tools provided by Scanergy. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws.


Scanergy does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Website by any user (the “User Content“). By sending and/or creating User Content and/or using the Website you automatically grant Scanergy a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Website and/or these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by Scanergy associating such User Content with your user information, user name and/or profile picture. Scanergy may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of software users may view and use the User Content. You may request that Scanergy delete and make no further use of such material by contacting us at: marketing@scanergy.ch.


Scanergy may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website. It is hereby clarified with respect to User Content that: (a) Scanergy has no obligation to review User Content. Opinions expressed in the User Content are not necessarily the opinion of Scanergy. (b) Scanergy is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.


Rules of Conduct and Usage


You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

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