Terms of Service
Scanz Technologies Inc. (“Scanz”) provides a service that makes available for transmission to and reception by subscribers certain market information, sometimes referred to as “Real-Time Streaming Quotes”, “Real-Time Stock Alerts”, “Real-Time Stock Filtering” and “Real-Time Streaming News” (the “Service”). Your use of and access to the Service and the information made available through the Service are subject to your compliance with all of the terms and conditions set forth in this Subscription Agreement (the “Agreement”). By using the the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Scanz reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Scanz strives to deliver a reliable and accurate Service, you understand and agree that Scanz cannot be responsible for the accuracy and timeliness of any and all information disseminated on the Service and you nonetheless may be exposed to such information. You agree to use the Service at your own risk.
Terms & Conditions:
1. Account Terms
- You must be 18 years old or older to use this service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. Scanz cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
2. System Access.
You shall be responsible for obtaining the required common carrier communication lines and broadband internet connection(s) necessary to operate the Service.
3. Ownership of Software.
You understand that the Service is a Software as a Service (SaaS) application which contains software proprietary to Scanz and/or to third parties (“Third Party Suppliers”) and licensed to Scanz. Scanz retains full title and ownership to the Service, related content, trademarks, copyrights and all other intellectual property rights therein. Your receipt of the Service does not constitute a sale of the Scanz Software in any form. As licensee, you simply rent the software from Scanz on a contractual basis.
4. Authorized Use of Information.
You are authorized to receive and use the Information solely in accordance with this Agreement. Any other use of the Information by you, including, but not limited to, re-transmission or reprocessing, in whole or in part, is prohibited and you agree not to transmit, divulge, or publish any part of the contents or substance or in any way provide the Information, or any part thereof, to any other person.
5. Payment, Refunds, Upgrading and Downgrading.
- A valid credit card is required for paying accounts.
- If you start a paying subscription for any one of our subscription plans, you will continue to be charged automatically each month on the same calendar day until you cancel. Scanz offer a free, no-risk 7 day trial of the software. The free trial does not require any credit card.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade in plan level, your credit card that you provided will automatically and immediately be charged the pro-rated difference of the new, higher plan rate. For any downgrade in plan level, there will be no partial refunds for the difference of the new, lower plan rate.
- Downgrading your Service may cause the loss of features, access to certain equity markets, or capacity of your Account. Scanz does not accept any liability for such loss.
6. Cancellation and Termination
- You are solely responsible for properly canceling your subscription. An email or phone request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by clicking on the Cancel Subscription link in your Personal Dashboard. The Cancellation screen provides a simple, no questions asked cancellation link. Your subscription will immediately be canceled in real-time.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. You will continue to have full access to the system until your current paid month’s period is over.
- Scanz, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Scanz reserves the right to refuse service to anyone for any reason at any time.
7. Modifications to the Services and Prices
- Scanz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Scanz Site (www.scanz.com) or the Service itself.
- Scanz shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Scanz uses third party vendors and hosting partners to provide the necessary market data, news, hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Scanz, or any other Scanz service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Scanz.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Scanz does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You understand that it is your sole responsibility to have a secondary backup data service to fall back on in the event that the Scanz service may become unavailable or compromised.
- You expressly understand and agree that Scanz 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 Scanz has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. You understand that Scanz has absolutely no obligation to refund or compensate any service fees paid by you, either in full or on a pro-rated basis, as a result of any service interruptions and/or errors.
- The failure of Scanz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Scanz and govern your use of the Service, superseding any prior agreements between you and Scanz (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to help at scanz dot com.
You shall be solely responsible for the payment of any taxes, charges or assessments imposed on you or Scanz , and any penalties or interest thereon, relating to the provision of the Service (except for any income taxes, if any, imposed on Scanz ).
9. Representations by Non-Professional Subscriber.
You represent and warrant that you: i) are an individual neither (A) acting as a broker or dealer in the purchase or sale of negotiable financial instruments for third parties and registered or qualified in any capacity under any U.S. federal or state or Canadian or provincial securities or commodities trading law, rule or regulation, or the rules or regulations of any securities or commodities exchange, market or association; (B) engaged as an “investment advisor” or “investment banker” as defined in the Investment Advisors Act of 1940 of the United States (whether or not registered or qualified under that Act); nor (C) employed by a bank or other organization exempt from registration under federal, state or provincial securities laws to perform functions that would require registration or qualification if such functions were performed for an organization not so exempt; ii) shall use the Information solely in connection with your own individual personal investment activities and not in connection with any trade or business activities; iii) are over eighteen (18) years of age and your principal place of residence is in the United States or Canada; and iv) are a party to this Agreement in your own capacity and not on behalf of a firm, corporation, partnership, trust or association.
10. Compliance with Laws.
You represent and warrant that you are not engaged in, and agree not to engage in, any unlawful transaction or business, and/or will not use or knowingly permit anyone to use the Information and/or the Service for: i) any purpose or in any manner not authorized by this Agreement, or ii) for any unlawful purpose or in any manner not in compliance with the statutes, rules and regulations referenced in Section 10.
11. No Endorsement.
You understand that neither Scanz , nor any part of the Service, or any equipment utilized by Scanz is sponsored or endorsed by any of the Information Providers.
13. Limitation of Liability.
Neither Scanz nor the Information Providers and their respective affiliates, agents or licensors, shall be liable to you , or any other person, regardless of the cause (unless resulting from the gross negligence or willful misconduct of Scanz or the Information Providers) or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Service or Information, or for any delay or interruption in the transmission thereof to you, or for any Claims or Losses arising therefrom or occasioned thereby. Neither Scanz nor the Information Providers and their respective affiliates, agents or licensors shall be liable to you or to any other person for indirect, punitive, special, consequential or incidental damages (including, but not limited to, trading losses, loss of profits or anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if Scanz, the Information Providers, or their respective affiliates, agents or licensors have been advised of the possibility of such damages.
14. Indemnification of Scanz.
You shall indemnify the Indemnified Parties against, and hold the indemnified Parties harmless from, any and all Claims or Losses imposed on, incurred by, or asserted against the Indemnified Parties as a result of or relating to your non-compliance with any of the terms and conditions of this Agreement and your breach of any of your representations and warranties in this Agreement.
15. Entire Agreement.
This Agreement constitutes the entire agreement between you and Scanz with respect to the subject matter hereof, and supersedes all prior negotiations, communications, understandings and agreements with respect thereto.
16. Governing Law.
This Agreement shall be deemed to be entered into, governed by and construed in accordance with the laws of the Province of Quebec, Canada without reference to its conflict of laws principles.
17. Force Majeure.
In addition to the provisions of Sections 13 and 14, neither you nor Scanz shall be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or Scanz, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or software malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay. This Section 27 shall not apply to the payment of money and shall not toll the accrual of interest.
18. Agreement Effective Date.
The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidence by you clicking the “Start Trial” button on the registration page found at https://www.scanz.com/signup, or the date you actually login to use the Service, whichever occurs first. Payment shall be accepted by credit card only.