1. Introduction and Acceptance
These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (individually or on behalf of an entity, “you,” “your,” or “User”) and ScanFlow Technologies Private Limited, doing business as ScanFlow.ai (“Company,” “we,” “us,” or “our”), a company incorporated under the Companies Act, 2013, having its registered office at [Insert registered address] (CIN: [Insert Company Identification Number]), concerning your access to and use of the ScanFlow platform and related services (collectively, the “Platform” or “Services”).
2. Definitions
“Customer Data” means any data, content, information, or personal data that you or your authorized users submit, upload, transmit, or process through the Platform, including all data inputs, documents, images, training data, prompts, and outputs.
“Documentation” means the user guides, technical documentation, API specifications, and other materials provided by ScanFlow.ai relating to the Services.
“Organization” means the entity or business on whose behalf you are using the Services.
“Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (DPDPA), General Data Protection Regulation (GDPR), and other applicable privacy regulations.
“Processor” means a person who processes personal data on behalf of a Data Fiduciary, excluding an employee of the Data Fiduciary.
“Data Fiduciary” means any person who alone or jointly determines the purpose and means of processing personal data.
“Service Plan” means the subscription tier you have selected (for example, Starter, Growth, Enterprise, or any other plans we may offer).
“Sensitive Personal Data” means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, health data, sexual orientation, or data related to children.
“Sub-processor” means any third-party processor engaged by ScanFlow.ai to assist in processing Customer Data.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years of age and have the legal capacity to enter into binding contracts under applicable law, ensuring users feel confident about the platform's commitment to lawful use.
3.2 Account Registration
To access certain features, you must register for an account, and you agree to:
- Provide accurate, current, and complete information.
- Maintain and promptly update your information.
- Maintain the security of your credentials with strong passwords and multi-factor authentication where available.
- Accept responsibility for all activities under your account.
- Notify us immediately of any unauthorized access, security breach, or suspected fraud at security@scanflow.ai.
3.3 Account Authority
If you register on behalf of an organization, you represent that you have authority to bind that organization and that the organization will be responsible for your actions and all users under the account.
3.4 Account Restrictions
You may not:
- Share credentials with unauthorized parties.
- Create multiple accounts for deceptive purposes or to circumvent limits.
- Transfer, sell, rent, or lease your account without our written consent.
- Use another user's account without permission.
3.5 Account Verification
We may verify your identity and authorization through documentation or KYC procedures, respecting your privacy and complying with applicable laws, to ensure secure and authorized access to the Platform.
3.6 Company Logo Usage (Optional)
If you use a work email, you may grant ScanFlow.ai a non-exclusive, worldwide, royalty-free license to display your company logo and name in specified marketing materials, with clear options to opt-out via support@scanflow.ai, ensuring transparency and control over your branding.
4. Service Plans and Subscriptions
4.1 Service Plans
ScanFlow.ai offers multiple Service Plans (for example, Starter, Growth, Enterprise). Plan features, usage limits, and pricing are on our pricing page on https://www.scanflow.ai.
4.2 Plan Changes
You may upgrade or downgrade your plan through your account or by contacting support; upgrades are effective immediately, while downgrades take effect at the next billing cycle and may reduce features or retention.
4.3 Free Trial
If we provide a free trial, it is time-limited, may not require payment details, and converts to a paid plan unless canceled before the trial ends; only one trial per Organization is permitted.
4.4 Billing and Renewal
We bill fees in advance, either monthly or annually. Your subscription renews automatically unless you cancel it before the renewal date. We will notify you in advance of annual renewals and any significant price changes.
5. Fees and Payment
You agree to pay all applicable fees for your Service Plan as listed on our pricing page and in your order; fees are exclusive of taxes and are payable using the methods we specify (such as cards, UPI, or bank transfer). Late or failed payments may result in suspension or termination, interest charges where allowed by law, and responsibility for collection costs.
We may modify fees with prior notice, with changes effective upon renewal; you may cancel before the change effective date. Refunds are limited and generally not provided for partial billing periods, except as expressly described in our refund terms.
6. Use of Services
6.1 License Grant
Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Documentation for your internal business purposes during your subscription term.
6.2 Usage Restrictions
You agree not to:
- Use the Services for unlawful purposes.
- Gain unauthorized access to the Platform or related systems.
- Interfere with or overload the Services.
- Reverse engineer, decompile, or attempt to derive source code.
- Remove proprietary notices.
- Use the Services to build or improve competing products.
- Scrape or data mine without authorization.
- Transmit malware or harmful code.
- Impersonate others or misrepresent your affiliation.
- Process infringing, defamatory, or unlawful content.
- Violate export control or sanctions laws.
- Circumvent usage limits, security features, or access controls.
6.3 Acceptable Use
You must comply with all applicable laws, our Acceptable Use Policy, and relevant professional and industry standards. Prohibited uses include generating spam or phishing, creating deceptive synthetic media, harassment or hate speech, exploitation of minors, unauthorized surveillance, biometric identification without consent, high-risk automated decisions without oversight, and any uses prohibited under applicable AI regulations.
6.4 Responsibility for Users
You are responsible for all activities under your account, including ensuring user compliance, providing training, revoking access for violators, and monitoring usage to ensure compliance.
6.5 AI-Specific Usage Requirements
You must implement appropriate human oversight for high-risk use cases, validate AI outputs, avoid sole reliance on AI for professional advice, disclose AI usage where required, test for bias where applicable, maintain audit trails, and comply with transparency and explainability requirements.
6.6 Reservation of Rights
We may monitor usage, investigate violations, suspend or terminate access, implement rate limits, and modify features with reasonable notice.
7. Customer Data and Privacy
7.1 Ownership
You retain all rights, title, and interest in Customer Data; we do not claim ownership and will use Customer Data only to provide and improve the Services, ensure security, and fulfill our obligations.
7.2 Data Processing
We process Customer Data in accordance with our Privacy Policy, applicable data protection laws, your Service Plan, any Data Processing Addendum in place, and your documented instructions. For Customer Data containing Personal Data, you act as Data Fiduciary (or equivalent), and we act as Processor, processing only as instructed or required by law.
7.3 Data Security
We implement technical and organizational measures, including encryption in transit and at rest, access controls, network and application security, security training, and incident response and business continuity plans.
7.4 Data Location and Residency
We store Customer Data in data centers selected by us or, where contractually agreed, in specified regions to meet data residency requirements, and implement safeguards for cross-border transfers (such as Standard Contractual Clauses).
7.5 Data Retention and Deletion
We retain data as needed for service delivery and as defined in your Service Plan; upon termination or a deletion request, we will delete or anonymize Customer Data within the defined timelines, except where retention is legally required or for legitimate business needs, such as security and audit.
7.6 Data Portability
You may export Customer Data through the Platform, APIs, or bulk export mechanisms we provide, subject to rate limits and technical constraints.
7.7 Prohibited Data
Unless you have entered into appropriate agreements and enabled relevant compliance features, you must not upload or process PHI under HIPAA, PCI data, highly sensitive personal data without a lawful basis, children's data without parental consent, government-classified data, financial account credentials, or any data whose processing would be unlawful in your jurisdiction.
7.8 Data Breach Notification
If a security incident affects Customer Data, we will notify you without undue delay (and within legally required timelines), describe the breach, impacts, and remedial steps, and provide reasonable assistance with your obligations to notify individuals and regulators.
7.9 Data Subject Rights
We will provide reasonable assistance to help you respond to data subject requests (access, rectification, erasure, restriction, portability, objection, consent withdrawal) in accordance with DPDPA, GDPR, and other laws.
7.10 Sub-processors
We may engage Sub-processors to support the Services, maintain a list of Sub-processors, impose data protection obligations on them no less protective than these Terms, notify you of new Sub-processors where required, and remain responsible for their acts and omissions.
8. Intellectual Property
ScanFlow.ai or its licensors own the platform and all related intellectual property (software, code, designs, trademarks, etc.). Your rights are limited to the licenses expressly granted in these Terms. You retain IP rights in your Customer Data and, subject to applicable law and your agreements, in AI model configurations and workflows you create.
9. Warranties and Disclaimers
The provision of services is “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or that outputs will be accurate, complete, or suitable for any particular use.
10. Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Services or these Terms is limited to the fees you paid for the Services in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, loss of profits, business, or data, even if advised of the possibility of such damages.
11. Indemnity
You agree to indemnify, defend, and hold harmless ScanFlow.ai and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, your Customer Data, or your violation of these Terms or applicable law.
12. Term, Suspension, and Termination
These Terms remain in effect while you use the Services; we may suspend or terminate your access for breach of these Terms, non-payment, legal obligations, or risk to security or operations, and you may terminate by canceling your subscription. Upon termination, your license ends, and we will handle Customer Data as described in Section 7 (retention and deletion).
13. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to them or the Services will be governed by the laws of India, without regard to conflict of law principles, and subject to the exclusive jurisdiction of courts or arbitration forum specified in your final version (for example, courts in Chennai or arbitration under specified rules).
14. Changes to Terms
We may modify these Terms by posting updated versions on our website and, where required, providing notice via email or in product; changes take effect on the date indicated, and your continued use after changes become effective constitutes acceptance.
15. Miscellaneous
These Terms (together with referenced documents) constitute the entire agreement between you and ScanFlow.ai regarding the Services, superseding prior agreements. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. If any provision is found invalid, the remaining provisions remain in full force, and no waiver of any term is deemed a further or continuing waiver.
