Terms and Conditions
The Ingscan website (the "Site"), its mobile applications (the “Apps”), and all content available through the Site and Apps (the “Content”) are the copyrighted property of Ingscan. Ingscan's services assist consumers in making informed dietary choices by providing detailed information on food, nutrition, and ingredients. These services are accessible via the Site, Apps, Content, and data feeds (collectively referred to as the "Services").
This Terms of Service agreement ("Agreement") outlines the legally binding terms for your use of the Services. By accessing or using the Services, you agree to be bound by this Agreement. You must be at least 18 years old to use the Services. By using or accessing the Services, you confirm that you have the authority and capacity to enter into this Agreement and comply with all its terms and conditions. If you do not agree to all the terms in this Agreement, please refrain from using the Services.
Please review Ingscan's privacy policy, as it is incorporated into this Agreement and considered part of it.
DISCLAIMERS
All information provided through the Services (including the Site, Apps, and Content), such as nutritional data, ingredients, food allergens, and information regarding medical, religious, or dietary concerns, is intended for informational purposes only and should not be regarded as official medical, religious, or dietary advice.
Ingscan does not accept liability for any inaccuracies or misstatements about products, whether based on manufacturer data, third-party information, user contributions, or ratings and assessments provided by Ingscan. Always carefully review the information provided by product manufacturers, including nutritional content, ingredients, allergen warnings, and health claims, either online or on the product packaging and labels, before using or consuming a product. For more detailed product information, please contact the manufacturer directly.
The information provided by the Services is not a substitute for advice from any certified authority, religious scholar, or licensed healthcare professional. You should not rely on the information on the Services for diagnosing or treating any medical or health conditions. Always consult with your healthcare provider before making any dietary or nutritional changes.
Additionally, in conjunction with the limitations and disclaimers in this Agreement, Ingscan disclaims any liability or losses related to the content available through the Services.
SERVICE
Ownership
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services (which include the Site, Apps, and Content, but exclude any User Content as defined herein), are owned by Ingscan or its suppliers. The provision of the Services does not grant you or any third party any ownership or rights, title, or interest in these intellectual property rights. Ingscan and its suppliers reserve all rights not expressly granted in this Agreement.
License
Subject to the terms of this Agreement, Ingscan grants you a non-transferable, non-exclusive license (without the right to sublicense) to: (a) use the Services solely for your personal, non-commercial purposes, and (b) install and use the Apps solely on your personal handheld mobile device (e.g., iPhone, Android, etc.) for non-commercial purposes.
Certain Restrictions
The rights granted to you in this Agreement are subject to the following limitations:
(a) You may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services.
(b) You may not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services.
(c) You may not access the Services to build a similar or competitive service.
(d) Except as expressly stated in this Agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
(e) You may not copy or modify the code that powers the Services.
(f) You may not use the Site, Apps, Content, or Services in connection with any other website or for any other purpose.
Any future release, update, or additional functionality provided as part of the Services will be subject to the terms of this Agreement. All copyright and proprietary notices on the Site must be retained on any copies you make.
Use of Services at Your Own Risk
Your use of the Site, Apps, Content, and Services is at your own risk. Ingscan is not responsible for any harm to your computer system, data loss, or other damage, including bodily harm, that may result from your use of the Site, Apps, Content, or Services, or reliance on any food product information provided.
Customer Support
Ingscan is not obligated to provide customer support. However, Ingscan may choose to offer customer support at its discretion.
Modification of Services
Ingscan reserves the right to modify, suspend, or discontinue any part of the Services (including the Site, Apps, and APIs) at any time, with or without notice. Ingscan also reserves the right to integrate with another web service, move to a different URL, restrict or block access to the Services, or modify/remove any Content without prior notice. Ingscan is not liable for any such changes or discontinuations. You agree that Ingscan will not be liable to you or any third party for any modifications, suspensions, or discontinuations of the Services or any part thereof.
INDIVIDUAL ACCOUNTS
We do not currently require user registration or accounts, but this feature may be added in the future.
Account Creation
To access certain features of the Services, you will need to download and install the Ingscan app ("Ingscan App Store Account") and provide specific information about yourself as requested on the dietary settings page. You represent and warrant that: (a) the information you provide is truthful and accurate; (b) you will keep this information up to date; and (c) your use of the Services complies with applicable laws, regulations, and the terms of this Agreement.
Account Responsibilities
You are responsible for maintaining the confidentiality of your Ingscan Account and any associated information, and you are fully accountable for all activities that occur under your Ingscan Account. You agree to immediately notify Ingscan of any unauthorized use or suspected misuse of your account or any other breach of security. Ingscan will not be liable for any loss or damage resulting from your failure to meet these obligations. We will protect your account information in accordance with our Privacy Policy.
Communication from Ingscan and Other Users
By using the Services, you consent to receive certain communications. For instance, you may receive updates on products you have scanned via push notifications, or you may receive periodic email newsletters from Ingscan. You can opt out of non-essential communications by emailing privacy@ingscan.com or by unsubscribing from email notifications.
ACCEPTABLE USE POLICY
The following sets forth Ingscan's "Acceptable Use Policy":
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that:
(a) violates any third-party rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary rights;
(b) is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, intentionally misleading, libelous, pornographic, obscene, patently offensive (e.g., promoting racism, bigotry, hatred, or physical harm against any group or individual), or otherwise objectionable material of any kind, or harmful to minors in any way; or
(c) violates any law, regulation, or obligations or restrictions imposed by a third party.
Additionally, you agree not to use the Services to:
(a) upload, transmit, or distribute any computer viruses, worms, or software designed to damage or alter computer systems or data;
(b) send unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(c) harvest, collect, or gather information about other users, including email addresses, without their consent;
(d) interfere with or disrupt servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks;
(e) attempt to gain unauthorized access to the Services, other computer systems, or networks connected to or used with the Services, through password mining or other means;
(f) attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by Ingscan or commonly available third-party web browsers;
(g) forge any TCP/IP packet header or any part of the header information in any email or posting;
(h) attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Site, Content, or Services;
(i) access, tamper with, or use non-public areas of the Site, Apps, APIs, Ingscan's computer systems, or the technical delivery systems of Ingscan's providers;
(j) attempt to probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures;
(k) in any way use the Site, Content, or Services to send altered, deceptive, or false source-identifying information;
(l) harass or interfere with another user's enjoyment of the Services.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other part of this Agreement. This may include removing or modifying your User Content, terminating your Ingscan Account, and/or reporting you to law enforcement authorities. We may also remove or modify User Content that, in our judgment, violates the rights of others, harms or threatens the safety of others, or creates liability for us or others.
In order to comply with legitimate governmental requests, subpoenas, or court orders, or to protect our business and customers, we may access and disclose any necessary or appropriate information, including your Ingscan Account username, password, IP address, usage history, and your User Content.
USER CONTENT
User Content
“User Content” refers to any photographs, images, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, forum posts, or other materials that a user submits, emails, or uses with the Services. “Your User Content” means User Content that you provide to Ingscan. "Media" refers to any means of conveying information, whether now known or created in the future. You are solely responsible for Your User Content.
You assume all risks associated with Your User Content, including any reliance by others on its accuracy, completeness, or usefulness, or any disclosure of Your User Content that identifies you or a third party.
License
By using Your User Content with the Services, you grant Ingscan an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to reproduce, distribute, publicly display and perform, create derivative works from, and otherwise use Your User Content, and to sublicense these rights for inclusion in the Services. You also agree to irrevocably waive any claims or assertions of moral rights related to Your User Content.
Feedback
Any feedback or suggestions you provide to Ingscan will be treated as non-confidential and non-proprietary. You agree not to submit any confidential or proprietary information to Ingscan unless there is a written agreement stating otherwise.
User Content License Grants
You grant Ingscan a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully-paid, and transferable right and license (with the right to sublicense) to:
(a) Reproduce, distribute, transmit, publicly perform, and display Your User Content in any Media.
(b) Modify, adapt, translate, and create derivative works of Your User Content in any Media.
(c) Sublicense these rights to third parties.
(d) Exercise any other present or future rights in Your User Content.
Name, Trademarks, and Likenesses License Grants
You grant Ingscan the right to use any trademarks, trade names, and likenesses of individuals that appear in Your User Content. Ingscan also reserves the right to use the name you provide in connection with Your User Content.
Moral Rights
You waive any moral rights related to Your User Content, including the right to:
(a) Reveal or retract Your User Content publicly.
(b) Claim authorship of Your User Content.
(c) Object to any modification or alteration of Your User Content.
These rights are waived in all jurisdictions.
Restrictions
You agree not to submit User Content that is unlawful, pornographic, defamatory, obscene, racially or ethnically offensive, or otherwise objectionable. Ingscan reserves the right to remove User Content that violates this Agreement, applicable laws, or community standards at its discretion. You also agree not to upload or transmit viruses, malicious code, or anything that could disrupt the functionality of the Services.
No Obligation
Ingscan is not obligated to include or maintain Your User Content in the Services. We may remove or refuse to display User Content for any reason. Ingscan is not responsible for providing backup or confidentiality for Your User Content.
Advertising
Ingscan and its licensees may display advertisements alongside Your User Content. You will not receive compensation for such advertising, and the format and extent of these advertisements may change without prior notice.
Representations and Warranties
You affirm that:
(a) You own or have the necessary rights to submit Your User Content.
(b) Your User Content does not infringe on any intellectual property or rights of others.
(c) Your User Content and its use by Ingscan do not violate any laws or intellectual property rights.
(d) Your User Content is not pornographic, obscene, defamatory, or unlawful.
(e) All factual statements in Your User Content are accurate.
(f) Your User Content complies with Ingscan’s Acceptable Use Policy.
You may not imply that Your User Content is provided, sponsored, or endorsed by Ingscan. Since you are solely responsible for Your User Content, you could be liable if it violates any part of this Agreement. Ingscan is not obligated to back up Your User Content and may delete it at any time. You are responsible for creating backup copies if needed. User Content will be protected according to Ingscan’s Privacy Policy.
MORE DISCLAIMERS
The Services (including Site, Apps, and Content) and User Content are provided "As is," without warranty or condition of any kind, either express or implied. Without limiting the foregoing, Ingscan explicitly disclaims any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
Ingscan makes no warranty that the Site, Apps, Content, User Content, or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ingscan makes no warranty regarding the quality of any products, services, or information obtained through the Site, Apps, Content, User Content, or Services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any information obtained through the Site, Apps, Content, User Content, or Services, including, without limitation, any information or advice with respect to any food product. Ingscan does not regularly monitor or update the accuracy or reliability of the Content or User Content.
No advice or information, whether oral or written, obtained from Ingscan or through the Site, Apps, Content, User Content, or Services will create any warranty not expressly made herein or create any liability on the part of Ingscan.
The Site, Apps, Content, User Content, and Services are for consumer educational use only. Nothing contained in the Services is or should be considered, or used as a substitute for, medical, religious, nutritional, or any other professional advice, diagnosis, or treatment. The Site, Apps, Content, and the Services do not constitute the practice of any medical, religious, nutritional, dietetic, nursing, or other professional health care advice, diagnosis, or treatment. Ingscan advises users to always seek the advice of a physician or other qualified, licensed health care provider with any questions regarding personal health, nutrition, religious, or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified, licensed health care provider because of something you have read on the Site or Apps. Ingscan makes no representations or warranties about the information, tools, or Content included in the Site, Apps, Content, User Content, or Services.
Please also review the specific disclaimers in the section titled "Certain Disclaimers."
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
APP STORES, THIRD PARTY SITES & ADS, OTHER USERS
App Stores. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you received the Apps, e.g., the Apple iTunes App Store, Google Play, and/or other app stores ("App Stores"). You acknowledge that this Agreement is between you and Ingscan, not with the App Stores. Ingscan, not the App Stores, is solely responsible for the Apps, the content thereof, maintenance, support services, warranty, and addressing any claims relating to them (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.
Third Party Sites & Ads. The Services may contain links to third-party sites and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Ingscan, and Ingscan is not responsible for any Third Party Sites & Ads. Ingscan provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. Advertisements and other information provided by Third Party Sites & Ads may not be fully accurate. You acknowledge sole responsibility for and assume all risks arising from your use of such websites or resources. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make any investigations necessary before proceeding with any transaction with a third party. Your transactions and dealings with Third Party Sites & Ads that are found on or through the Site, Apps, or Services, including payment and delivery of related goods or services, are solely between you and the merchant or advertiser.
Other Users. Each user of the Service is solely responsible for their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees regarding its accuracy, currency, suitability, or quality. Your interactions with other Service users are solely between you and the user. You agree that Ingscan will not be responsible for any loss or damage resulting from such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release. You hereby release us, our officers, employees, agents, and successors from claims, demands, and any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from any interactions with or conduct of any App Store, other Service users, or Third Party Sites & Ads.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
LIMITATION ON LIABILITY
Ingscan and its suppliers shall not be liable for any lost profits or indirect, consequential, incidental, special, or punitive damages arising from this Agreement or your use of the Services (including the Site, Apps, or Content) or Third Party Sites & Ads, even if advised of such possibilities. Your access and use of the Services are at your own risk, and you are responsible for any damage to your system or data loss.
The aggregate liability of Ingscan for any claims arising from your use of the Site, Content, or Services is limited to the amounts you have paid to Ingscan for such access and use. These limitations are fundamental to the Agreement between you and Ingscan.
Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so these limitations may not apply to you, and you may have other legal rights that vary by jurisdiction.
INDEMNITY
You agree to indemnify and hold Ingscan and its affiliates, suppliers, licensors, and personnel harmless from any claims arising from (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. Ingscan reserves the right to assume exclusive defense of any matter for which you are required to indemnify us and you agree to cooperate in our defense. You will not settle any matter without Ingscan’s prior written consent, and Ingscan will notify you of any claims upon becoming aware of them.
TERM AND TERMINATION
Your permission to use the Site, Apps, Content, and Services will automatically terminate if you violate these Terms of Service. Ingscan may revoke your access at any time, with or without cause.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Ingscan respects intellectual property rights and may terminate the accounts of users who infringe upon these rights. We may disclose your information related to copyright infringement claims if we believe it's necessary to address such complaints. For claims of copyright infringement, contact our designated agent at: legal@ingscan.com.
Filing a notice of infringement requires compliance with the Digital Millennium Copyright Act of 1998, which can be found at the U.S. Copyright Office website: http://lcweb.loc.gov/copyright.
GENERAL
Changes to Terms of Service. Ingscan may revise these Terms of Service periodically. Continuing to use the Site, Content, or Services after such revisions means you agree to the updated Terms.
Severability. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect.
Waiver. Ingscan's failure to enforce any right or provision does not constitute a waiver of that right.
Governing Law. This Agreement is governed by Illinois law without regard to conflict of laws principles. Ingscan may seek equitable relief to protect its intellectual property rights in any competent court.
Copyright/Trademark Information. Copyright © 2014-2015, Ingscan. All rights reserved. All trademarks and service marks displayed on the Services are either owned by us or third parties. You may not use these Marks without written consent.
Entire Agreement. This Agreement (including the Privacy Policy and any other rules posted on the Site or Apps) constitutes the entire agreement between you and Ingscan regarding the Services, superseding any prior agreements. If any provision is found invalid or unenforceable, the remaining provisions will still apply. Your rights under this Agreement may not be assigned without Ingscan’s prior written consent.
For questions about these Terms of Service, please contact Ingscan at support@ingscan.com.