Terms of Use

Last Updated
10/14/2024

Welcome to Scend Inc. ("Scend," "Company," "we," or "us"). By accessing or using our website (https://scend.ai/) ("Website") or any of our products, services, or applications (collectively, the "Services"), you agree to comply with and be bound by the following terms and conditions of use ("Terms of Service" or "Agreement"). These Terms of Service govern your access to and use of the Services. Please read these Terms carefully, as they affect your legal rights.

By using the Services, you agree to these Terms of Service. If you do not agree with these Terms, you must not use the Services.

1. Acceptance of Terms

By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and any applicable laws and regulations. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority or do not agree to the terms, you must not access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms of Service at any time. When changes are made, we will post the updated Terms on our Website and update the "Effective Date" at the top of these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for updates.

3. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Scend Privacy Policy to understand how we collect, use, and share your personal information.

4. Use of Services

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes, subject to your compliance with these Terms. You agree not to:

  • Use the Services for any unlawful purpose;
  • Use any automated system or software to extract data from our Services;
  • Modify, adapt, or hack the Services;
  • Copy, distribute, or otherwise reproduce any part of the Services without our prior written consent.

5. Intellectual Property

All content and materials available on the Services, including but not limited to text, graphics, website layout, logos, and software, are the property of Scend Inc. and are protected by intellectual property laws, including copyright, trademark, and trade secret laws.

You are not permitted to use any Scend trademarks, logos, or proprietary information without our express written consent.

6. Account Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update your information as necessary to keep it accurate and current. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

7. Subscription and Fees

Access to certain features or content within the Services may require payment of fees. If you subscribe to any paid features or content, you agree to pay all applicable fees and charges in accordance with the terms presented to you at the time of purchase. We reserve the right to change our subscription plans or adjust pricing at any time, and we will notify you of any price changes before they take effect.

8. Termination

We may terminate or suspend your access to the Services, without notice or liability, if we determine that you have violated these Terms of Service or if we determine that your use of the Services poses a security risk to us or other users. Upon termination, all licenses granted to you under these Terms will immediately cease.

You may also terminate your account at any time by contacting us at support@scend.ai. Upon termination, you will remain responsible for any unpaid fees or charges accrued up to the date of termination.

9. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by law, Scend Inc. disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, Scend Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, arising from:

  • Your use or inability to use the Services;
  • Any unauthorized access to or use of our servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from the Services;
  • Any bugs, viruses, or the like that may be transmitted to or through the Services.

In no event shall our total liability for any claims related to the Services exceed the amount paid by you, if any, for accessing or using the Services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Scend Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney’s fees) arising from:

  • Your use of and access to the Services;
  • Your violation of any term of these Terms of Service;
  • Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within New York for the purpose of litigating all disputes arising from or relating to these Terms or the Services.

13. Arbitration and Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms, including disputes relating to the validity of this Agreement, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, NY, and the language of the arbitration shall be English.

14. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by Scend Inc. on the Website, constitute the entire agreement between you and Scend Inc. concerning the Services and supersede any prior agreements or understandings, whether written or oral, relating to the Services.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Scend Inc.
22 Vanderbilt Ave., New York, NY 10001
Email: support@scend.ai

Acknowledgment

By using the Services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.