Terms of Service

Please read these Terms of Service (“Terms”) carefully before you purchase, download, install, or use any products or services provided by Smart Web Security, including but not limited to the SmartScanner software and all content on our website. By clicking “Agree” (or a similar button) or by accessing, downloading, or using any of our products or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not purchase, download, install, or use any part of our offerings.

1. Scope of Services

For the purposes of these Terms, the term “Services” includes:

• Software Products:
  The SmartScanner application provided in various versions (Free, Pro, and Perpetual).
• Website Content:
  All digital content available on our website, including but not limited to blog posts, articles, small web applications, tools, and any other online resources provided by Smart Web Security.
• Additional Features and Tools:
  Any updates, enhancements, or related services we provide in connection with our software or website content.

2. Eligibility

• Age Requirement:
  Smart Web Security’s Services are intended for users who are at least 13 years old. By using our Services, you affirm that you are 13 or older.
• Authority:
  If you are accepting these Terms 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 these Terms.

3. Product Versions, Payment, and Refund Policy

3.1. Free Version

• Description:
  The Free version of SmartScanner is available at no cost and provides basic functionality with limited access to vulnerability information.

3.2. Pro Version (Subscription-Based)

• Description:
  The Pro version offers full functionality and access to all vulnerabilities.
• Payment:
  Offered on a monthly or yearly subscription basis; access remains active only while your subscription fees are current.
• Cancellation:
  You may cancel your subscription at any time. If cancelled, your Pro version will remain active until the end of your current subscription period. An active internet connection is required for activation and continued use of the Pro version.
• Instructions:
  Detailed instructions for cancellation and updating payment details are available at www.thesmartscanner.com/docs/.

3.3. Perpetual Version (One-Time Payment)

• Description:
  A one-time purchase that grants you a perpetual license to use the version acquired.
• Updates:
  Includes all updates for one (1) year from the date of purchase. After one year, 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.

3.4. Refund Policy

• Refunds:
  All fees are payable in advance and are non-refundable. We offer a Free version to allow you to evaluate our Services before making any payment.

4. Permitted Use and Restrictions

• License Grant:
  Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use our Services solely for your internal business or personal purposes.

• Installation and System Requirements:
  To download, install, and use our Services, your device must have Internet access and meet the system requirements described on our website at https://www.thesmartscanner.com/docs/.

• Usage Restrictions:
  You agree not to:
  • License, sublicense, sell, rent, lease, lend, assign, transfer, distribute, transmit, host, outsource, or otherwise commercially exploit any part of our Services.
  • Modify, adapt, translate, or create derivative works of, decompile, disassemble, reverse compile, or reverse engineer any part of our software.
  • Remove, alter, or obscure any proprietary notices or marks.
  • Bypass, disable, or circumvent any digital rights management, copy protection, or license verification mechanisms incorporated in our software.
  • Use our Services to build or facilitate a product or service that competes with our offerings.
  • Scan any third-party website or web application without prior written consent.
  • Use our Services in connection with any website or content that is adult in nature (e.g. tobacco, firearms, alcohol), obscene, pornographic, abusive, offensive, profane, or defamatory.
  • Violate any applicable laws, regulations, or the rights of any third party.
• Technical Controls:
  We reserve the right to implement features that disable or restrict access if you violate these Terms.

5. Modifications to the Services and Prices

• Service Changes:
  We reserve the right to modify, suspend, or discontinue any aspect of our Services, including the website content, at any time, with or without notice.
• Price Changes:
  We may change the prices of any fee-based Services at any time. Such changes will not affect services already purchased.

6. Updates, Maintenance, and Support

• Updates:
  • Pro Version: Provided as long as your subscription remains active.
  • Perpetual Version: Provided for one (1) year after purchase; thereafter, your copy remains active without further updates.
  • Free Version and Website Content: Updates to the Free version and website content are provided at our discretion.
• Maintenance and Support:
  Technical support is available via email during the subscription term (or the applicable support period for fee-based versions) and is provided on an “as is” basis.

7. Privacy and Third-Party Services

• Privacy:
  Your use of our Services is governed by our Privacy Policy, which is incorporated herein by reference.
• Third-Party Services:
  Our Services may include links to or integrations with third-party services (such as payment processors, analytics, or open source software). Use of such third-party services is subject to their own terms, and we are not responsible for their content or practices.

8. Intellectual Property Rights

• Ownership:
  All intellectual property rights in our Services—including software, documentation, and website content—are owned by Smart Web Security or our licensors. Your use of our Services does not grant you any ownership rights.
• Open Source:
  Any open source components are provided “AS IS” under their respective licenses.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AVAILABILITY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY 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 SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU 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.

11. Indemnification

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

• Your use of our Services,
• Any breach of these Terms, or
• Any violation of applicable laws or third-party rights.

12. Termination

• For Breach or Non-Payment:
  We reserve the right to immediately suspend or terminate your access if you breach these Terms or fail to pay applicable fees.
• By You:
  You may terminate these Terms at any time by ceasing to use our Services and deleting any software or content you have downloaded.
• Effect of Termination:
  Upon termination, you must cease all use of our Services. Provisions that by their nature should survive termination (such as warranty disclaimers, limitations of liability, and intellectual property rights) will remain in effect.

13. Governing Law and Dispute Resolution

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

14. No Waiver, Assignment, and Severability

• No Waiver:
  Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to enforce such provision in the future.
• Assignment:
  You may not assign your rights or obligations under these Terms. We may assign these Terms without restriction.
• Severability:
  If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision shall be replaced by a valid provision reflecting the original intent.

15. Amendments

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days’ notice via our website or email. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the new Terms.

16. Entire Agreement

These Terms, together with our Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and Smart Web Security regarding your use of our Services and supersede all prior communications or agreements.

17. Contact Information

If you have any questions or concerns regarding these Terms, please contact us via:

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

Last updated on February 15, 2025