TERMS & CONDITIONS

<h1>TERMS &amp; CONDITIONS</h1>
<h2>INTRODUCTION</h2>
<ul>
<li>ScanAndFile is a product of Occirama and is operated from: Toulouse, France</li>
</ul>
<h2>VALIDITY OF THE T&amp;C</h2>
<ul>
  <li>
    <u>Validity.</u> ScanAndFile is offered on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the ScanAndFile, in case they are available without registration. These T&C shall be valid until cancelled in the currently valid version as of April 26, 2021.
  </li>
  <li>
    <u>Prerequisite.</u> By using the ScanAndFile product you consent to these T&C.
  </li>
  <li>
    <u>Extent</u> These T&C shall apply to all points of access, including (sub-)domains 		and mobile applications.
  </li>
</ul>

<h2>SUBJECT OF THE AGREEMENT</h2>

<ul>
  <li>Applications for Apple iPhones, Android phones, that can be used isolated on the device
  </li>
<li>The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
  </li>
  <li>Additional terms and conditions on the part of the mobile phone providers apply.
  </li>
</ul>
<h2> REGISTRATION </h2>
<ul>
<li>No registration is required for using ScanAndFile.
<li>
  <li> User Identity. ScanAndFile is not responsible for the actual identity of the user, since personal identification is not required.
</li>
</ul>

<h2>GENERAL TERMS AND CONDITIONS FOR ALL USERS</h2>
<ul>
  <li><u>Promotions and Free Offers.</u> ScanAndFile may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
  </li>
</ul>

<h2>SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS</h2>
<ul><li>
Subscription Requirement. In order to use the ScanAndFile Premium features, you must pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, via AppStores, or any other form of payment accepted by ScanAndFile Premium (the “Subscription”).
  </li>
  <li>
    Types and Prices of Subscriptions. ScanAndFile offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing in the App Stores. All prices are subject to change at any time. Any price changes will be announced in the App Stores.
  </li>


    <li>Payment</li>
  <ul>
    <li> Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
    </li>
    <li>
      Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If ScanAndFile is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges.
    </li>
  </ul>
  <li>
    Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription. The standard subscription price can be viewed on the Platform and in the App Stores.
  </li>
  <li>Cancellation. You may cancel your Subscription to ScanAndFile Premium at any time by initiating the cancellation via the App Store. Unless otherwise provided for in Section 8, ScanAndFile will not refund previously paid amounts.
  </li>
  <li>Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the application during such period.
  </li>
  <li>Contact. Please contact us at contact@bialamusic.com
<li>Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General T&C apply also to the Premium users.
  </li>
</ul>

<h2>TERMINATION</h2>
<ul>
  <li>General. Each user shall have the right to terminate the use of ScanAndFile Premium at any time via his/her account settings in App Store.
  </li>
</ul>

<h2>REPRESENTATIONS AND WARRANTIES</h2>
<ul>
  <li>Limitation. ScanAndFile does not claim or warrant that
  </li>
  <ul>
    <li>the Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
    </li>
<li>the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
    </li>
  </ul>
  <li>
    Own Risk. The user uses the ScanAndFile exclusively at his/her own risk. This applies, without limitation, to
  </li>
  <ul>
    <li>the related use of any hardware
    </li>
    <li>downloading of the user’s own and third party content; and
    </li>
    <li>any use by the user of data created or provided by ScanAndFile
    </li>
  </ul>
</ul>

<h2>LIMITATION OF LIABILITY</h2>
<ul>
  <li>General. ScanAndFile shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if ScanAndFile has caused a certain damage willfully or with gross negligence. In the event of slight negligence, ScanAndFile shall not be liable to other businesses and shall be liable to consumers only for personal damages. ScanAndFile shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties or lost data.
  </li>
<li>Content. Unless required by statutory law, ScanAndFile shall not be liable for damages resulting from errors, problems, viruses or loss of data.
  </li>
</ul>

<h2>INDEMNIFICATION BY USERS</h2>
<ul><li>
Indemnification. The user shall indemnify ScanAndFile for all claims raised by third parties as a result of an infringement of their rights by the user in connection with usage by such user of applications available from ScanAndFile. The user shall bear the costs of any legal proceedings, in which ScanAndFile may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
  </li></ul>

<h2>CHANGES TO THE T&C</h2>
<ul><li>General. ScanAndFile reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on the Platform as well as in the apps.
  </li>
<li>Changes. The latest T&C will be available to all users on the Server
  </li>
</ul>

<h2>MISCELLANEOUS</h2>
<ul>
<li>Severability Clause. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
  </li>
  <li>Governing Law and Jurisdiction.
  </li>
  <ul>
    <li>These T&C and all contractual relations and litigation between the users and ScanAndFile shall be governed by French law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
    </li>
    <li>Place of delivery and exclusive court of jurisdiction shall be Toulouse, France.
    </li>
  </ul>
</ul>

  Contact : contact@occirama.com