ScanSnap Cloud Terms of Service

Welcome to PAPL ScanSnap Cloud. These ScanSnap Cloud Terms of Service (hereinafter, "ToS") set out the terms and conditions of the Service. Please read the ToS carefully as they form a contract between You and PAPL that governs Your access and use of the Service.
By registering or using any of the Service, You agree to be bound by the ToS. You may use the Services only in compliance with the ToS and only if You have the power to form a contract with PAPL and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, DO NOT USE THE SERVICES. If there are any unclear points about the conditions of the ToS, visit the Service Site for inquiries.
Please note that PAPL does not provide any warranties for the Services. This contract also limits PAPL's liability to You. See Article 12 (No Warranties and Limitation on Liability) of the ToS for details.

1. Definition of Terms
(1) The "Service" means the cloud service identified by the name "ScanSnap Cloud".
(2) "PAPL" means PFU ASIA PACIFIC PTE. LTD, a corporation registered in Singapore that provides the Service.
(3) " Imaging Scanner " means one of the imaging scanner models, which is needed in order to use the Service and is specified by PAPL as compatible with the Service.
(4) "Mobile Device " means an electronic device such as a smartphone or tablet on which the application of this service is installed.
(5) "Device" means the Imaging Scanner and Mobile Device necessary for using the Service.

(6) "Contents" means Your imaging data scanned using the Device, and then transmitted to the Service.
(7) "Service Site" means PAPL's website for the Service.
(8) "Third-party Service" means internet-based cloud storage service provided by a third party, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, to which You transfer Contents through the Service.
(9) "ScanSnap Home" means the software which has the functions to use the Imaging Scanner and the Service.
(10) "ScanSnap Account" means the user account which You register for the purpose of using the Imaging Scanner and the ScanSnap Home. You can use ScanSnap Account as user ID to use the Service.
(11) "You" or "Your" refers to you, the user of the Service.

2. Application
(1) The purposes of the ToS are to set out the terms and conditions under which You may use the Service.
(2) If there is discrepancy between the ToS and rules set out on the Service Site, or any other content related to the ToS, the ToS shall take precedence in application.

3. Essential Conditions for Use of the Service
(1) The Service is provided to You as a user of Imaging Scanner free of charge. You cannot use the Service with Mobile Device(s) alone. You may, while You continue to be the user of Imaging Scanner, use the Service, on a non-exclusive basis, solely in strict compliance with the ToS and all applicable laws.
(2) You will not be able to use the Service if You cease to be a user of the Imaging Scanner, for example, by discarding the Imaging Scanner or transferring it to a third party.
(3) The Service can be used with only one ScanSnap Account per Imaging Scanner. Only You may use Your ScanSnap Account. You agree not to share Your ScanSnap Account with any third party. Only if the Imaging Scanner which You use is "ScanSnap iX1600" model or "ScanSnap iX1500" model, You may share and use Your Imaging Scanner for use of The Service with up to four (4) users, including You.

4. To use the Service
(1) To obtain access to the Services, You are required to agree this ToS.
(2) After You agree this ToS, the Service Contract shall take effect upon Your agreement with this ToS.
(3) PAPL may reject Your use of this Service at any time for any of the following reasons, at PAPL's sole discretion:
(i) PAPL finds misrepresentation or error in Your Information.
(ii) PAPL deems You do not possess the legal capacity to enter into the Service, due to being under-aged, or to being an adult ward who has not obtained his or her legal representative's or guardian's consent, or for any other reason.
(iii) PAPL determines (in its sole discretion) that  You are using the Services to assist a criminal, terrorist, or extremist organization in ways such as maintaining, running or assisting such organization through funding or by other means.
(iv) PAPL deems that You are an individual or entity that has violated any contract or agreement with PAPL in the past.
(v) PAPL deems that You are an individual or entity whose use of the Service has been suspended or terminated pursuant to Article 8 of the ToS in the past.
(vi) Any other case where PAPL deems that it would not be appropriate for PAPL to provide the Service to You.

5. Management of ScanSnap Account and Password
You agree to keep Your ScanSnap Account and passwords confidential and not authorize any third party to access or use the Service on Your behalf, unless PAPL provides an approved mechanism for such use. PAPL will not be liable for any loss or damage arising from any unauthorized use of Your ScanSnap Account and passwords.

6. Contents of the Service
(1) For details of the Service, please visit the Service Site.
(2) PAPL provides certain service to send email attaching the Contents to an email address designated by You ("Designated Email Address"), as a part of the Service ("ScanSnap Mail Service"). The ScanSnap Mail Service sends the Contents directly to the Designated Email Address via email.
(3) The ScanSnap Mail Service utilizes certain function named Send Grid provided by Twilio, Inc. ("Twilio"). You acknowledge and agree that the emails sent by You through the ScanSnap Mail Service may not be encrypted according to Twilio’s specifications.
(4) When You use the ScanSnap Mail Service, You shall: (i) use the ScanSnap Mail Service in accordance with the features as set forth in the Service Site (including but not limited to the number of email addresses You can designate to send Your email, or acceptable data capacity), and (ii) confirm that the Designated Email Address and the Contents are correct, and in accordance with the TOS.
(5) Please refer the Service Site for information and instructions to confirm the status of emails sent by You through the ScanSnap Mail Service. There is a possibility that the email sent by You may be delayed or undelivered due to network circumstances, the functions provided by network carriers, the functions of the software or hardware used by the recipients of emails, matters outside of PAPL’s control, or any other environment related to sending or receiving emails. Please confirm with the recipient that Your email has reached the Designated Email Address. PAPL shall not be liable or responsible for any consequences to You or the recipient of such email resulting through the ScanSnap Mail Service.
(6) PAPL reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. PAPL may add or remove functionalities or features, and PAPL may suspend or stop a Service altogether.
(7) Except for material that PAPL licenses to You, PAPL claims no ownership of any Contents that are transmitted, stored, or processed in Your account(s). PAPL is unable to control, verify, or endorse the Contents that You and others make available on the Service.
(8) You hereby grant PAPL and its contractors the right to transmit, use and disclose Contents posted on or sent through the Service solely to the extent necessary to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which PAPL believes in good faith requires PAPL to disclose information to assist in preventing the death or serious bodily injury of any person.
(9) You represent and warrant that: (a) You have all the rights to the Contents necessary for You to use the Service; and (b) the storage, use or transmission of the Contents does not violate any law or the ToS.
(10) You will: (a) be solely responsible for the nature, quality and accuracy of the Contents; (b) ensure that the Contents (including the storage or transmission thereof) comply with the ToS and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Contents, including any notices sent to You by any person claiming that any Contents violate any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Contents, which may include, Your use of additional encryption technology to protect the Contents from unauthorized access. PAPL will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Contents.
(11) You must immediately notify PAPL in writing of any unauthorized use of: (a) any Contents (b) any account; or (c) the Service that comes to Your attention. In the event of any such unauthorized use by any third party that obtained unauthorized access through You, You will take all steps necessary to terminate such unauthorized use. You will provide PAPL with such cooperation and assistance related to any such unauthorized use as PAPL may reasonably request.

7. Your Contents
(1) Contents will be stored on PAPL's servers for a fixed period in order for the Service to process data. The Contents will not be viewed by PAPL, unless You have provided consent for such support as provided for in Article 13 Paragraph (3).
(2) When You use the ScanSnap Mail Service, Contents, data of the email sent through ScanSnap Mail Service, and the Designated Email Address will be stored on servers of Twilio. For details, please visit the Service Site.
(3) You understand that Contents may fail to be transmitted to a Third-party Service or may fail to be sent to the Designated Email Address through ScanSnap Mail Service correctly. Before You delete Contents, You will have two weeks from the completion of the Contents transmission, to confirm that Contents have been transmitted to the Third-party Service successfully. Once the two-week period has passed, the Contents will be deleted permanently from the Service.
(4) You agree that PAPL and its licensors or its providers may use the Contents for enhancing and improving the Service during the two-week period.
(5) PAPL will use commercially reasonable efforts to implement security measures including encryption using SSL and similar methods to protect Your Contents from unauthorized access. You acknowledge and agree that security measures for ScanSnap Mail Service will be provided by Twilio, not by PAPL.

8. Suspension and Termination of Use of the Service
(1) PAPL reserves the right, to temporarily suspend or terminate Your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. PAPL may suspend or terminate Your access to or use of the Service for: (a) the actual or suspected violation of the ToS; (b) the use of the Services in a manner that may cause PAPL to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by You or in Your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; (f) unplanned technical problems and outages; or (g) for any reason that PAPL reasonably deems necessary.
(2) If, in PAPL's determination, the suspension might be indefinite and/or PAPL has elected to terminate Your access to the Service, PAPL will use commercially reasonable efforts to notify You through the Service, the Service Site, and/or by email to the email address associated with Your account. You acknowledge that if Your access to the Service is suspended or terminated, You may no longer have access to the Contents that are stored with the Service.
(3) You understand and agree that you will not be entitled to a refund for your Device due to PAPL's suspension or termination of Your use of the Service.

9. Prohibited Use
(1) You must not use the Service to harm others or the Service in any way. For example, You must not use the Service to harm, threaten, or harass another person or organization or PAPL and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by PAPL) to access or use the Service. In addition, You promise that You will not and will not encourage or assist any third party to:
(i) reverse engineer, disassemble or decompile the software used to provide or access the Service, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
(ii) use the Service in any manner or for any purpose other than as expressly permitted by the ToS, the Privacy Policy, any other policy and user guides, instruction or terms applicable to the Service that are available on the Service;
(iii) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to You with respect to the Services to any third party;
(iv) use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
(v) cause, in PAPL's sole discretion, inordinate burden on the Service or PAPL's system resources or capacity;
(vi) infringe of any intellectual property rights of PAPL or any third party;
(vii) discriminate, slander, defame or insult PAPL, PAPL’s affiliates, or a third party, promote discrimination against others, or damage the reputation or reputation of PAPL, PAPL’s affiliates, or any third party;
(viii) lead to or are likely to lead to, or in furtherance of criminal conduct, including but not limited to, fraud, abuse of controlled substances, child prostitution, illegal buying and selling of bank accounts and mobile phones;
(ix) to commit criminal conduct, including but not limited to, fraud, abuse of controlled substances, child prostitution, illegal trading of bank accounts and mobile phones;
(x) transmit or post images, documents, etc., equivalent to obscenity, child pornography, or child abuse, or to sell media containing such images, documents, etc., or to display or transmit advertisements that evoke such transmission, posting, or sale;
(xi) violate any applicable law, regulation, or rule on stalking behavior;
(xii) open or solicit for pyramid scheme;
(xiii) illegally gamble or gamble or solicit;
(xiv) contract, mediate, or induce (including making a request to others) illegal acts (transfer of handguns, provision of child pornography, forgery of official documents, murder, intimidation, etc.) whether express or implied;
(xv) send inappropriate Content or information, including but not limited to, cruel information on the scene of a murder of a person, images of cruelty to animals, and other Content or information that, according to socially accepted ideas, would make others extremely disgusted, uncomfortable, or shocks the conscience, or it is sent to many and unspecified persons with or without their consent;
(xvi) induce or attempts to induce someone to commit suicide or harm others;
(xvii) conduct an election campaign, campaign, or similar activity;
(xviii) send advertisements, solicitations, marketing materials, or other e-mails to PAPL or a third party without permission, send e-mails that are, or likely to be, disgusting or shocks the conscience (including but not limited to, hate mail), obstruct others from receiving e-mails, or request a chain of e-mails to be forwarded to PAPL or a third party, and forwarding in response to such requests;
(xix) tamper with PAPL or a third party’s equipment or network, (including but not limited to, Distributed Denial of Service attacks (DDOS), and making it difficult to use a computer owned by PAPL or a third party by repeatedly connecting it to the computer owned by PAPL or a third party);
(xx) collect the personal information of others without their consent or by fraudulent means;
(xxi) tampering with or erasing information available through the Services without proper authority;
(xxii) use the Service by impersonating PAPL or a third party;
(xxiii) access to, or interfere with the use or operation of, PAPL or a third party's facilities, telecommunications lines, telecommunications facilities, access lines or access points pertaining to the Service;
(xxiv) Sending or posting harmful computer programs, viruses, scripts, etc., or making them available to third parties;
(xxv) violate any law or regulation or public order and moral acts that may damage PAPL’s reputation or infringe upon PAPL’s property, or cause a disadvantage to a third party;
(xxvi) link to data, where an act that may fall under any of the above items (including cases where such acts are performed by a third party) can be seen;
(xxvii) causing or attempting to cause a third party to engage in any of the acts listed above, or allowing the third party to act without taking appropriate measures knowing that such third party's act exists.
(2) If you are notified of any claim by PAPL or any third party that Your conduct falls or is likely to fall under any of the conduct set forth in the preceding item, You shall resolve such claim at your own risk and expense, and defend, indemnify, and hold PAPL and its affiliates harmless. In addition, if PAPL suffers damage due to Your act falling under or likely to fall under any of the acts prescribed in the preceding item, You shall be responsible for any damages or losses incurred by PAPL and its affiliates.
(3) If PAPL determines that Your conduct falls under any of the conduct set forth in item (1), or if PAPL becomes aware of any issues related to the claim set forth in the preceding item, PAPL may, without prior notice to You, take such action as needed such as, deleting or not displaying any or all of the information You transmit or display, or discontinuing Your use of the Services or the suspension or termination of your ScanSnap account pursuant to Article 8 of this ToS.

10. Software
(1) If You receive software from PAPL, its use is governed in one of two ways: If You're presented with license terms that You must accept in order to use the software, those terms apply; if no license is presented to You, the ToS apply. PAPL reserves all other rights to the software.
(2) PAPL may automatically check Your version of the software. PAPL may also automatically download to Your computer or Mobile Device new versions of the software.
(3) Any software is licensed, not sold. Unless PAPL notifies You otherwise, the software license ends when Your use of Service ends. You must then promptly uninstall the software, or PAPL may disable it. You must not work around any technical limitations in the software.

11. Use of Third-party Service
All transactions using PAPL's services are between You and the transacting parties only. The Services may contain features and functionalities linking You or providing You with certain functionality and access to Third-party Service. You acknowledge that PAPL and its licensors are not responsible for such Third-party Service. PAPL may also provide some content to You as part of the Services. However, PAPL is not an agent of any transacting party, nor is a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between You and the applicable third-party. Similarly, PAPL and its licensors are not responsible for any Third-party Service You access with the Services, and You irrevocably waive any claim against PAPL and its licensors are with respect to such Third-party Service. PAPL and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for Your dealings with any third party related to the Services, including the delivery of and payment for goods and services. If You have any problems resulting from Your use of any Third-party Service, or if You suffer data loss or other losses as a result of problems with any of Your other service providers or any Third-party Service, You agree that PAPL and its licensors are not responsible unless the problem was the direct result of our breach.

12. No Warranties and Limitation on Liability
(1) PAPL PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAPL, ITS AFFILIATES, LICENSORS OR SUPPLIERS MAKE NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
(2) EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL PAPL, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING FROM THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF PAPL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Handling of Your Information by PAPL
(1) PAPL uses and protects Your Information in accordance with the Privacy Policy located at https://www.pfu.fujitsu.com/imaging/agreement/privacy/privacyPAPLen.html.
(2) Unless otherwise stated in the ToS, PAPL will not make Contents available to the public, view the Contents, or otherwise disclose to the extent necessary to them to any third party (except for transmitting it to Third-party Service, for sending email through ScanSnap Mail Service or for any reasonable purpose to carry out the Service).
(3) You further acknowledge and agree that PAPL may access or disclose information about You, including but not limited to Your Information and the Contents, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of PAPL or PAPL's customers, including the enforcement of our agreements or policies governing Your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of PAPL employees, customers, or the public.

14. Alteration of the ToS
PAPL reserves the right to revise the ToS from time to time. Any changes will be effective upon the date that posted the revised version of the ToS (or such later effective date as may be indicated at the top of the revised ToS). If, in PAPL's sole discretion, PAPL deems a revision to the ToS to be material, PAPL will notify You via the Service Site and/or by email to the email address associated with Your account. Therefore, PAPL encourages You to check the date of the ToS whenever You visit the Service Site to see if the ToS have been updated. Your continued access or use of any portion of the Service constitutes Your acceptance of such changes. If You do not agree to any of the changes, stop using the Service.

15. Consent to Contact and Notification
(1) Notifications from PAPL to You concerning the Service will be sent by email to the email address included in the Your Information, or will be posted on the Service Site.
(2) If you have any inquiries regarding to the Service, You can contact PAPL through the Service Site.

16. PAPL Proprietary Rights
     PAPL and/or its licensors own and reserve any and all rights, title and interest in and to the Service and all hardware, software and other items used to provide the Service to You, other than the rights explicitly granted to You to use the Service in accordance with the ToS. No title to or ownership of any proprietary rights related to the Service is transferred to You pursuant to the ToS. All rights not explicitly granted to You are reserved by PAPL and/or its licensors. In the event that You provide comments, suggestions and recommendations to PAPL with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to PAPL and its licensors a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.

17. Miscellaneous
(1) The ToS apply to the maximum extent permitted by relevant law. If a court holds that PAPL cannot enforce a part of the ToS as written, You agree that PAPL may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of the ToS will remain in effect. This is the entire contract between You and PAPL regarding the Service. It supersedes any prior contract or oral or written statements regarding Your use of the Service.
(2) The failure of either party to enforce any obligation or provisions of the ToS or to exercise any rights or remedies under the ToS will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

18. Governing Law and Dispute Resolution
(1) The ToS shall be governed by the laws of Singapore, without regard to conflict of laws principles.
(2) If a dispute arises between You and PAPL in connection with the ToS, You and PAPL will attempt to resolve the dispute through consultation. If the dispute cannot be resolved through consultation and a lawsuit has to be filed, to the full extent permitted by law, Singapore Court shall be the agreed exclusive jurisdictional court.

End of Document
(Last Updated: May, 2022)