Updated 04/14/2022
These Terms of Service (“Terms” or “Agreement”) apply to the use of our website, API, platform, our related mobile applications and other services (the "Services") of BADCAFE LLC. ("CardScan.ai”, “Company”, "we", "us" and/or "our") and to the entities and individuals that use the Services directly or indirectly, including by way of example (a) developers that create means of collecting and displaying data which are accessed via the Services; (b) organizations that access one or more services on behalf of their members (or their customers’ members who are End Users) (c) individuals (“End Users”) who authorize the transmission and storage of their insurance data and personal health data via the Services.
Entities described in clauses (a) and (b) are sometimes referred to herein as Organizational Customers. “Customers” includes End Users and Organizational Customers.
End Users: CardScan.ai’s Privacy Policy is a part of this Agreement with you. That policy is available here.
Organizational Customers: You agree to protect End Users’ privacy in a manner consistent with the Privacy Policy, available here.
These Terms may be updated by the CardScan.ai. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms on our website. Any continued use of the Services by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
These Terms contain the entire agreement of the parties to the use of the Services, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. The only exception to this is an “Enterprise Agreement” executed by the CardScan.ai. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, DO NOT ACCESS OR USE THE SERVICES.
CardScan.ai hereby grants a limited, non-exclusive, non-transferable and terminable license to you (“Customer”) to access and use the Services and shall make the Services you license from CardScan.ai available to Customer solely for the purposes contemplated herein, pursuant to this Agreement and during the term of this Agreement. You agree that your payment obligations hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
CardScan.ai provides the necessary means to each Organizational Customer to connect to its API: via (1) an SDK or via (2) the use of the Company API.
CardScan.ai’s maintenance includes (1) integration of releases of updates of features and functionalities included in the platform infrastructure and (2) patching/bugs correction. It does not include any maintenance of content.
CardScan.ai shall host the Services and may update the functionality and user interface of the Services from time to time at its sole discretion and as part of its ongoing mission to improve the Services and Customers’ user experience.
No other rights with respect to the Services are granted under this Agreement. Without limiting the generality of the foregoing the Customer’s use of the Services is subject to the payment obligations set forth in the Fees and Payment Section of this Agreement.
Payment Terms for all Organizational Customers, and pricing for Subscription Plan Customers and Enterprise Customers is set forth in the relevant Agreements. End Users are not charged for the Services.
CardScan.ai enters into a Service Level Agreement with its Organizational Customers.
CardScan.ai provides technical support for Organizational Customers as defined in the Support Terms.
Customer must complete the Company registration process. Customer agrees to: (a) provide true, accurate, current and complete information about himself/herself or his/her organization as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Entering the Registration Data constitutes Customer’s declaration that it is true, accurate and complete.
If Customer provides information of any kind which is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate the account and refuse any and all current or future use of the Services (or any portion thereof).
Customer may terminate this Agreement at any point in time upon one month’s prior written notification to CardScan.ai.
Customer agrees that CardScan.ai at its sole discretion, has the right (but not the obligation) to delete or deactivate Customer’s account, block Customer’s email or IP address, or otherwise terminate Customer’s access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if CardScan.ai believes that Customer has acted inconsistently with these Terms. Further, Customer agrees that CardScan.ai shall not be liable to Customer or any third party for any termination of such access to the Site. Further, Customer agrees not to attempt to use the Services after said termination.
Upon the termination or expiration of this Agreement for any reason, Customer’s rights under this Agreement will cease, including all rights to use the Services.
No termination of this Agreement will affect any obligation to make payment of outstanding amounts owed by Customer to CardScan.ai.
CardScan.ai reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Customer agrees that CardScan.ai shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Services.
THE COMPANY’S SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. With regard to any such claim, the Company liability will at all times be limited to the amount paid, if any, by or on behalf of Customer to the Company for the Services. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
CUSTOMER HEREBY AGREES, AT CUSTOMER’S EXPENSE, TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT, MISAPPROPRIATION OR THE LIKE BASED ON INFORMATION, DATA OR CONTENT CUSTOMER SUBMITTED IN CONNECTION WITH THE SERVICES, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY CUSTOMER, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST COMPANY ARISING OUT OF CUSTOMER’S USE OF THE SERVICES.
Customer agrees that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), failure of your e-mail account, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Cardscan.ai shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Services. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.