End User License Agreement

By clicking “Agree” (or a similar button) or by purchasing, downloading, installing, or using SmartScanner, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA and our Privacy Policy. If you do not agree with these terms, do not purchase, download, install, or use SmartScanner.

SmartScanner is provided by Smart Web Security (“we”, “us”, or “our”). This EULA applies to any licenses granted to you for the use of SmartScanner. For users who have also agreed to our Terms of Service, the provisions of this EULA govern the specific software license granted to you.

1. Eligibility

• Age Requirement:
  SmartScanner is intended for users who are at least 13 years old. By using SmartScanner, you affirm that you are 13 or older.
• Authority:
  If you are accepting this EULA on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are duly authorized to bind that entity to this EULA.

2. License Grant and Delivery

We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use SmartScanner strictly in accordance with this EULA and our Terms of Service. Your license depends on the product version you select:

• Free Version (No Payment):
  A free license is provided at no cost. This version of SmartScanner offers basic functionality with limited access to vulnerability information. It is subject to the same usage restrictions set forth herein.

• Pro Version (Subscription-Based):
  Access is granted on a monthly or yearly subscription basis. Your license remains active only while your subscription fees are current. In the event of cancellation, you will retain access until the end of your current subscription period. An active internet connection is required for activation and continued use of the Pro version.

• Perpetual Version (One-Time Payment):
  A one-time purchase grants you a perpetual license to use the version acquired. You will receive all updates and upgrades for one (1) year from the date of purchase; after that period, your copy remains active, but no further updates will be provided. The Perpetual version can be activated offline and does not require an internet connection for continued use.

• License Key Delivery (for Pro and Perpetual Versions):
  Upon a successful purchase and/or activation, your unique license key will be sent to the email address provided at the time of purchase. This license key is required to activate SmartScanner and, where applicable, to receive updates.

3. Permitted Use and Restrictions

• Installation and System Requirements:
  To download, install, activate, and receive updates for SmartScanner, your computer must have Internet access and meet the system requirements described on our website at https://www.thesmartscanner.com/docs/.

• Single-User License:
  Unless otherwise agreed in writing, the Pro and Perpetual editions are licensed for installation on one computer for one user only.

• Usage Restrictions:
  You agree not to:
  • License, sublicense, sell, rent, lease, lend, assign, transfer, distribute, transmit, host, outsource, or otherwise commercially exploit SmartScanner or make it available to any third party.
  • Modify, adapt, translate, or create derivative works of, decompile, disassemble, reverse compile, or reverse engineer any part of SmartScanner.
  • Remove, alter, or obscure any proprietary notices, trademarks, or copyright marks.
  • Use SmartScanner to develop or facilitate a product or service competitive with SmartScanner.
  • Scan any third-party website or web application without obtaining prior written consent from the owner.
  • Use SmartScanner in connection with any website or domain containing content that is adult in nature (e.g. tobacco, firearms, alcohol), obscene, pornographic, abusive, offensive, profane, or defamatory.
  • Violate any applicable law, regulation, or any rights of third parties in connection with your use of SmartScanner.
• Technical Controls:
  You acknowledge that we may implement features to disable or restrict access to SmartScanner if it is used in violation of this EULA.

4. Payment, Subscription, and Refund Policy

• Free Version:
  No fee is charged for the Free version of SmartScanner.

• Fee-Based Versions (Pro and Perpetual):
  If you select a fee-based version, you must pay the applicable fees in advance. All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, for which you are solely responsible.

• Refunds:
  All fees paid for fee-based versions are non-refundable. We offer the Free version so that you can evaluate SmartScanner’s basic functionality before purchasing.

• Cancellation (Pro Version):
  You may cancel your subscription at any time. Detailed instructions for canceling or updating your payment details are available at www.thesmartscanner.com/docs/.

5. Updates, Maintenance, and Support

• Updates:
  • Pro Version:
    Updates and upgrades are provided as long as your subscription remains active.
  • Perpetual Version:
    You will receive all updates and upgrades for one (1) year from the date of purchase. After this period, no further updates will be provided, though your license to use the version purchased remains in effect.
  • Free Version:
    The Free version may receive periodic updates at our discretion; however, no commitment is made regarding the frequency or content of such updates.
  • No Obligation:
    We are under no obligation to provide additional updates, upgrades, or new features beyond those specified.
• Maintenance and Support:
  • Fee-Based Versions:
    Technical support is available via email during your subscription term (for the Pro version) or the support period for the Perpetual version, on an “as is” basis subject to personnel availability.
  • Free Version:
    Support for the Free version is provided on an “as is” basis and may be limited.

6. Privacy and Third-Party Services

• Privacy:
  Your use of SmartScanner is subject to our Privacy Policy, which is incorporated into this EULA by reference.

• Third-Party Services:
  SmartScanner may incorporate third-party components (such as payment processors or open source software). Your use of these components is subject to their respective terms and licenses. We are not responsible for any third-party content or services provided in conjunction with SmartScanner.

7. Intellectual Property

• Ownership:
  All right, title, and interest in and to SmartScanner—including all software, documentation, and updates—remain the exclusive property of Smart Web Security or its licensors. Your purchase or use of SmartScanner does not grant you any ownership rights.

• Open Source Software:
  Any open source components included with SmartScanner are provided “AS IS” under their respective licenses, and title to such software remains with the applicable licensors.

8. Disclaimer of Warranties

SMARTSCANNER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AVAILABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SMARTSCANNER WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL), REGARDLESS OF THE LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID FOR SMARTSCANNER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (ii) USD $100. NO CLAIM SHALL BE BROUGHT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION AROSE.

10. Indemnification

You agree to indemnify, defend, and hold harmless Smart Web Security, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:

• Your use of SmartScanner,
• Any breach of this EULA or the Terms of Service,
• Any violation of applicable law or the rights of any third party.

11. Termination

• For Breach or Non-Payment:
  We reserve the right to terminate or suspend your license immediately and without notice if you breach any provision of this EULA, fail to pay applicable fees (if using a fee-based version), or otherwise misuse SmartScanner.

• By You:
  You may terminate this EULA at any time by deleting SmartScanner and all copies thereof from your computer.

• Effect of Termination:
  Upon termination, you must cease all use of SmartScanner. Termination will not affect any rights or obligations that have accrued prior to termination. Provisions that by their nature should survive termination (such as warranty disclaimers, limitations of liability, intellectual property rights, and dispute resolution) will remain in effect.

12. Governing Law and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law principles. Any disputes arising out of or relating to this EULA or your use of SmartScanner shall be resolved exclusively in the courts of the Netherlands, except as otherwise required by applicable law.

13. No Waiver, Assignment, and Severability

• No Waiver:
  Our failure to enforce any provision of this EULA shall not constitute a waiver of our right to enforce such provision or any other provision in the future.

• Assignment:
  You may not assign or transfer your rights or obligations under this EULA. We may assign this EULA without restriction.

• Severability:
  If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties’ original intent.

14. Amendments

We reserve the right to modify or amend this EULA at any time. If a material change is made, we will notify you via our website or by email (to the address provided during purchase). Your continued use of SmartScanner after the effective date of any changes constitutes your acceptance of the modified EULA.

15. Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy (and any documents incorporated by reference), constitutes the entire agreement between you and Smart Web Security regarding your use of SmartScanner and supersedes all prior communications and proposals.

16. Contact Information

If you have any questions or concerns regarding this EULA, please contact us via:

• Contact Form: https://www.thesmartscanner.com/contact
• Email: [email protected]

Last updated on February 15, 2025