For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at SCRUT.ai. “Service” refers to the Company’s services accessed via the Site The terms “company”, “we,” “us,” and “our” refer to the Company, “You” refers to you, as a user of our Site or our Service.
(2) ABOUT THE SERVICE
The Service allows you to automate the inspection process using AI/Machine learning and user-generated photos or videos of any vehicle.
(3) REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service. Any misrepresentation or concealment about age shall render the contract void ab initio. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
(4) TERMS TO CREATE A USER ACCOUNT
(5.1) User creation
- You are responsible for maintaining the privacy and security of your account. We will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
- We may communicate with you via e-mail/sms/other communication modes regarding your account, system updates, or other issues related to your account/ use of the Service.
(5) LINKS TO OTHER SITES AND/OR MATERIALS
(6) INTELLECTUAL PROPERTY
(7) EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
(8) USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
(9) WARRANTY DISCLAIMER
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.
(10) PERFORMANCE WARRANTY
The company makes no representations or warranties that the Service will operate uninterrupted or error-free, or that it will be free from minor defects or errors that do not materially affect performance, or that the applications contained in the software are designed to meet all of users’ business requirements or any governmental regulatory or legal requirements and disclaim all warranties with respect thereto in accordance with this clause.
11) LIMITATION OF DAMAGES
Under NO circumstances shall the Company, its licensors, partners or any of its associated companies be liable to the subscriber or any other person or entity for an amount of damages in excess of the paid service charges or be liable of any amount for special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or exemplary or punitive damages.
Thus, maximum liability of the company towards any customer can be an amount of the Service fee only, excluding the Renewal/Subscription fees collected over the years, for any loss suffered by the Customer due to the company’s negligence or lack of diligence and company’s liability will be zero if any loss is suffered by the Customer due to any other reason, which is beyond the control of the company. The risk of running and using the Service shall be solely born by the Customer.
It is expressly understood and agreed that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.
This clause shall survive termination of this Agreement.
(13) GENERAL TERMS
(13.1) Your use of the service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of our Services.
(13.2) The company makes no warranties regarding (i) your ability to use our Services, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of analytics performed by the Service, and (v) that bugs or errors in the Service will be corrected.
(13.3) The company, its partners, agents, affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of our Services.
(13.5) The company cannot be held responsible for any business loss of a customer for any reason whatsoever including software failure/ delay in implementation or in technical support etc.
14) GOVERNING LAW