Last updated: Thursday, June 17th, 2024
The website [https://www.yulascan.com/](https://www.yulascan.com/) ("Website") is a platform through which Yula Scan, LLC offers monthly subscriptions for service to its processor browser extension at several price points ("Extension"). The Extension and Website are owned by Yula Scan, LLC, a Maryland limited liability company ("Yula Scan").
This Terms of Service ("Terms") is a contract between you and Yula Scan and govern your access to and use of the Extension accessible from the Website. By using any portion of the Extension and Website, you agree to be bound by these Website Terms and agree that you are responsible for the agreement as well as any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site.
Any references in this contract to "we" or "our" refers to Yula Scan. Any references to "you" or "your" refer to any person or entity accessing or using the Website or Extension (collectively, the "Customers").
Your access to and use of the Website or Extension is also conditioned on your acceptance of and compliance with our privacy policy, accessible from [https://www.yulascan.com/privacy](https://www.yulascan.com/privacy), which describes our policies and procedures relating to the collection, use, and potential disclosure of your personal information during the course of your use of the Website or Extension.
These Terms do not confer any rights or remedies upon any person other than you and Yula Scan. Permission is granted to temporarily download one copy of the materials on the Website for personal, non-commercial, transitory viewing only. This is the grant of a personal, non-exclusive, non-sublicensable, non-transferable license for as long as your account is active. Under this license you may not:
Behave unlawfully;
Impersonate or otherwise deceive Yula Scan, any other Extension or Website User, or any third-party;
Modify or copy any Yula Scan materials;
Use the materials for any commercial purpose or for any public display;
Attempt to reverse engineer, or assist anyone in reverse engineering, any software contained on the Website;
Infringe upon or violate the intellectual property rights of Yula Scan, including the removal of any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror\" the materials on any other server.
These Terms will let Yula Scan terminate your account upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated, and you should destroy any downloaded materials in your possession whether it is printed or electronic format.
You acknowledge that, from time to time, the Extension or Website may be suspended for maintenance, repairs, or other reasons outside of our control. You agree that Yula Scan is not liable for any loss arising out of any interruption of our service.
These Terms do not create any joint venture, partnership, employment, or agency relationship between you and Yula Scan as a result from your use of the Website or Extension.
3.1 Accounts
Customers on the Website must create a Yula Scan account to access or use the Extension (the "Account"). When you create an Account, you must provide us with information that is accurate, complete, and current at all times. Failure to do so is considered a breach of the Terms, which may result in immediate termination of your account on the Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with the Website itself or a third-party social media platform.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
3.2 Terms Use by Customers
After an Account is made through the Website, you must comply with all the provisions of this agreement set forth previously in Section 3.1.
While using the Extension, you must:
Act fairly and not misuse the Extension features or services either for your own benefit, or the unfair detriment of Yula Scan or a third-party;
Not attempt to circumvent the Yula Scan's sales process;
Not attempt to operate more than one account without a legitimate need;
Not attempt to influence any product or service ratings, feedback, or reviews provided by other Customers;
Only pay for products or services using their own personal funds or credit, except when a Customer has the permission of a third-party to use that third-party's funds or credit.
Customers must pay for the Extension subscription services using the method provided by Yula Scan on the Website. We reserve the right to add, limit, or otherwise change Customers' payment options.
Customers are advised to review our privacy policy to understand our policies and procedures regarding the collection, use, and potential disclosure of your personal information during the course of their use of the Extension. By using the Extension, you agree to comply with these Terms as well as our Privacy Policy.
Any violation of these requirements may result in the termination of your Account and/or cancellation of purchases.
3.3 Pricing Plans
In accepting these Terms, you agree to pay the entire monthly price for the plan, based on your chosen subscription price, levied by Yula Scan in exchange for using the services offered through the Extension.
Any of the prices detailed in these Terms are subject to change at the discretion of Yula Scan. Any changes to our prices will be updated via these Terms. Any changes to prices will take effect at the start of the month following the publishing of any changes to the prices in these Terms. Customers will be notified of any price changes using the email associated with their account on the date they are published on the Website.
You must agree to one of four subscription plans and their most current pricing:
A monthly subscription of \$0.00 for the "Basic" pricing plan;
A monthly subscription of \$2.99 for the "Deluxe" pricing plan; or
A yearly subscription of \$7.99 for the "Premium" pricing plan.
A customized plan subscription, with benefits equivalent to the "Premium" plan, for businesses.
The Extension and Website content may in its entirety, or in part, be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that Extension content and Website content, including any associated intellectual property rights, are the exclusive property of Yula Scan. You will not remove, alter, or obscure any Yula Scan intellectual property incorporated in or accompanying Extension or Website.
All trademarks, Yula Scan marks, trade dress, logos, trade names, and any other source identifiers of Yula Scan used on or in connection with the Website and any Extension content are trademarks or registered trademarks of Yula Scan in the United States and abroad. Trademarks, Yula Scan marks, logos, trade names, and any proprietary marks or designations of third parties used on or in connection with the Extension and/or the Extension content may be the property of their respective owners.
You shall not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Extension content, except to the extent you are the legal owner of the content or licensed to share the content by the content's legal owner. No licenses or rights are granted to you by implication or otherwise, except for any licenses and rights expressly granted in these Terms.
5.1 Warranty Disclaimer and Limitation of Liability
The Extension and all information, content, materials, and other services included in or otherwise made available to you through your use of the Extension and Website are provided by Yula Scan on an "as is" and "as available" basis, unless otherwise specified in writing. Yula Scan makes no representations or warranties of any kind, express or implied, as to the operation of the Extension, the Website, or any services included with, or otherwise offered to you, through the Website. You agree that your use of the Extension is solely at your own risk.
TO THE FULL EXTENT PERMISSIBLE BY LAW, YULA SCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YULA SCAN DOES NOT WARRANT THAT ANY SERVICES OFFERED THROUGH OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE AND EXTENSION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW, YULA SCAN WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU IN YOUR USE OF THE WEBSITE AND EXTENSION, OR ANY SERVICE OFFERED TO YOU FOR SALE ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YULA SCAN OR ITS SUPPLIERS WILL NOT BE HELD ACCOUNTABLE FOR ANY DAMAGES THAT WILL ARISE IN THIS CONTEXT, EVEN IF YULA SCAN OR AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN NOTIFIED, ORALLY OR WRITTEN, OF THE POSSIBILITY OF SUCH DAMAGE.
5.2 Legal Advice Disclaimer
The information provided on the Extension does not, and is not intended to, constitute legal advice or to provide legal services to Yula Scan's customers. The information given through the Extension is intended to be for general informational purposes only. Website users should contact an attorney to obtain advice with respect to any particular legal matter.
5.3 Failure to Catch Disclaimer
The Extension produces "Assessments" describing potential \"Violations" in the public contracts and terms. These Assessments, the Violations described, and the resulting score are produced by Yula Scan for informational purposes only. The Extension, however, may fail to catch or find all potential violations of a contract. While we make reasonable efforts to make the Extension as complete as possible, we do not promise that it will include every single violation that could be important to every Customer.
5.4 Technology Disclaimer
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control, including, but not limited to, the unavailability of general internet infrastructure. Access and use may also be interrupted for periodic updating, maintenance, or repair. While we will make reasonable efforts to make the Extension and Website available to you, we do not promise that it will be available at all times.
6.1 Dispute Resolution and Arbitration
You and Yula Scan (collectively, "Parties", and each a "Party") agree that all claims and disputes arising under or relating to these Terms will be resolved by binding arbitration. If, within thirty (30) calendar days after written notice of any claim or dispute arising under these Terms is provided to Yula Scan, the Parties do not resolve such a dispute, the claim or dispute shall be settled under the Consumer Arbitration Rules (the "Rules") of the American Arbitration Association ("AAA"), by one or more arbitrators appointed in accordance with the said Rules and the provisions of this section. The language of the arbitration shall be English. The place of the arbitration shall be in Baltimore, Maryland, United States. The arbitrator(s) are authorized to award to the prevailing Party, if any, as determined by the arbitrator(s), its costs and expenses, including attorneys' fees and related costs and expenses.
Prior to initiating arbitration, the Parties agree to notify the other party of the dispute and attempt to negotiate an informal resolution first. You shall contact Yula Scan at admin@yulascan.com. You will be contacted using the email address associated with your Account. If, after a good faith effort to negotiate by both Parties, either Party feels the dispute has not and cannot be resolved informally, the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration.
You and Yula Scan agree that the arbitrator(s) shall have the discretion to hear and determine at any stage of the arbitration any issue asserted by any Party to be dispositive of any claim or counterclaim, in whole or in part, in accordance with such procedure as the arbitrator(s) may deem appropriate, and the arbitrator(s) may render an award on such issue.
You and Yula Scan agree that each of the following are exceptions to the agreement to arbitrate:
Any claim related to actual or threatened infringement, misappropriation, or violation of a Party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Any decision by the arbitrator(s) will include any essential findings and conclusions based upon their decision. Judgement on the arbitration award may be entered in any court with proper jurisdiction under these Terms. The arbitrator(s) may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
You and Yula Scan agree to keep confidential all awards in their arbitration or negotiation, as well as all materials and documents created for the purpose of the arbitration or negotiation, not otherwise in the public domain. Nothing in these Terms shall prevent either Party from seeking provisional measures from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or waiver of the right to arbitrate.
You and Yula Scan agree to both waive the right to a trial by jury as to all arbitrable disputes.
6.2 Indemnification
As part of these Terms, you agree to indemnify Yula Scan and its members, managers, officers, directors, agents, and/or employees against any claim or demand, including any associated legal fees made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third-party in the course of using the Extension or Website.
The Digital Millennium Copyright Act (the "DMCA") relates to online service providers, like Yula Scan, being asked to remove user generated material that allegedly violates someone\'s copyright. You may submit a notification pursuant to the DMCA by providing Yula Scan with the following information in writing or by email at admin@yulascan.com (see 17 U.S.C. 512(c)(3)):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright\'s interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Website where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf.
Upon receipt of a notification, Yula Scan will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
We respect others\' intellectual property rights, and we reserve the right to delete or disable user content alleged to be infringing, and to terminate the Accounts of repeat alleged infringers.
Any claim or matter related to the Website or Extension shall be governed by and follow the internal laws of the State of Maryland, without regard to its conflict of law provisions. Any action or proceeding by either Party to enforce this Contract shall be brought only in a state or federal court located in the state of Maryland.
8.2 Severability
If any provision of these Terms is unlawful, invalid, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the remaining provisions' validity and enforceability.
8.3 Waiver
Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
8.4 Communications
Unless specified otherwise, any notices or other communications to you permitted or required under these Terms will be provided electronically and given by Yula Scan via email at the email address associated with your Account.
8.5 Revisions and Errors
The materials appearing on the Website may include technical, typographical, or photographic errors. Yula Scan will not promise that any of the materials on this Website are accurate, complete, or current. Yula Scan may change the materials contained on its Website at any time without notice. Yula Scan does not make any commitment to update the materials.
To use the Extension and other products, you must be at least eighteen (18) years of age, or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the jurisdiction in which you established your entity, and able to enter into legally binding contracts. Yula Scan does not intentionally gather personal data about visitors who are under the age of eighteen (18).
The Website and Extension may contain links to third-party websites or services that are not owned or controlled by Yula Scan. Yula Scan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The presence of any link does not imply endorsement by Yula Scan of the site. The use of any linked website is at the user\'s own risk. You acknowledge and agree that Yula Scan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Yula Scan reserves the right to revise these Terms of Use for its Website at any time without prior notice. If any changes are made, we will update the "Last Updated" date given at the top of these Terms. By using this Website, you are agreeing to be bound by the current version of these Terms of Service. You are advised to periodically review these Terms for any changes that may impact your access and use of the Website and Extension. Changes to these Terms are effective as of the date they are posted on the Website.