These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and SCANilla ("Service", "Platform", "we", "us", "our"), a product owned, operated, and administered by Elicus Technologies Private Limited ("Company"), and govern your access to and use of the website https://scanilla.com, any subdomain, application programming interface, mobile or desktop application, or any other interface operated by us.
By accessing, registering on, creating an account with, subscribing to any plan of, or otherwise using the Service in any manner whatsoever, you expressly and unconditionally acknowledge that you have read, understood, and agreed to be bound by these Terms, the Privacy Policy available at https://scanilla.com/privacy, and any additional policies incorporated by reference. If you do not agree with any provision of these Terms, you must immediately cease use of the Service and delete any locally stored data pertaining thereto.
These Terms are published in accordance with, and shall be read in conformity with, the provisions of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection Act, 2019, the Indian Contract Act, 1872, the Digital Personal Data Protection Act, 2023, and such other statutes, rules, and regulations as may be applicable from time to time.
You represent and warrant that (i) you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is higher; (ii) you have the legal capacity to enter into a binding contract; (iii) you are not barred from receiving services under applicable law; and (iv) if you are accepting these Terms on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms, in which case "you" refers to such entity and its authorised representatives.
Certain features of the Service, including without limitation Dynamic QR Codes and scan analytics, require you to register an Account. You agree to provide accurate, current, and complete information during registration and to keep such information up to date at all times. You are solely responsible for safeguarding your Account credentials and for any and all activities that occur under your Account, whether or not authorised by you. You must notify us immediately via the channel set forth in Section 20 upon becoming aware of any unauthorised access, breach, or suspected compromise of your Account.
We reserve the right to suspend, disable, or terminate any Account that we reasonably believe, in our sole discretion, (a) contains false or misleading information; (b) is being used in violation of these Terms or applicable law; or (c) poses a security, fraud, or abuse risk to the Service or to other users.
The Service enables you to generate, customise, manage, and, in the case of Dynamic QR Codes, track QR codes. The Service supports multiple payload formats including but not limited to URL, text, email, phone number, SMS, Wi-Fi configuration, vCard, WhatsApp, geographic location, and calendar event. QR code image generation occurs client-side within your browser; payloads encoded into Static QR Codes (including without limitation Wi-Fi credentials and contact details) are not transmitted to or stored on our servers. Dynamic QR Code destinations, however, are stored on our servers in order to enable editing and scan tracking.
(a) Free Plan. The Free Plan is made available without charge and remains free for the duration of its availability, subject to the quotas and limitations described on the Pricing page. No credit card or payment information is required to use the Free Plan.
(b) Paid Plans. Paid Plans (including Pro and Agency) are offered on a monthly or annual recurring basis as more particularly described on the Pricing page. Fees are quoted in United States Dollars (USD) unless otherwise stated and are exclusive of any applicable taxes, duties, levies, or withholdings, which shall be borne by you.
(c) Beta Pricing. The Service is currently offered in an open beta phase. Rates displayed during this period are promotional launch rates. Users who subscribe during the beta phase shall have their subscription rates honoured for a period of twelve (12) months following general availability, even if we subsequently revise our pricing. This guarantee shall not apply to Users who downgrade, cancel, and re-subscribe.
(d) Renewals. Paid Plans renew automatically at the end of each billing cycle at the then-current applicable rate unless cancelled prior to the renewal date. You authorise us (and our payment processors) to charge your nominated payment method for all renewals until you cancel.
(e) Cancellation. You may cancel a Paid Plan at any time through your Account settings. Cancellation shall take effect at the end of the then-current billing cycle; access to paid features shall remain available until such end date.
(f) Refunds. Monthly Plans are non-refundable. Annual Plans may be cancelled for a pro-rata refund within fourteen (14) days of initial purchase, at our sole discretion, and only upon written request submitted via the channel in Section 20. After such fourteen-day period, Annual Plans are non-refundable except where required by mandatory consumer-protection law.
(g) Taxes. You are solely responsible for any and all taxes applicable to your use of the Service in your jurisdiction, including but not limited to goods and services tax (GST), value-added tax (VAT), and withholding taxes.
(h) Changes to Fees. We reserve the right to revise Fees at any time. Any such revision shall take effect at your next renewal cycle and shall be notified to you by email or through the Service at least fifteen (15) days in advance, subject to the beta-pricing guarantee in sub-paragraph (c) above.
You agree to use the Service only for lawful purposes and in a manner consistent with these Terms, the Privacy Policy, and all applicable laws and regulations. You shall not, and shall not permit any other person to, misuse the Service in any manner, including without limitation as set forth in Section 8 below.
You warrant, represent, covenant, and unconditionally agree that you shall not use, attempt to use, or permit the use of the Service for any purpose which is, in whole or in part:
You retain all rights, title, and interest in and to your User Content. You warrant and represent that you own or otherwise have all necessary rights, licences, consents, and permissions to submit your User Content to the Service and to grant the licences set forth in these Terms. You are solely and exclusively responsible for the lawfulness, accuracy, and appropriateness of your User Content.
By submitting User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to host, store, reproduce, transmit, display, and process such User Content solely to the extent reasonably necessary to provide, maintain, secure, and improve the Service, to comply with applicable law, and to enforce these Terms.
By creating a Dynamic QR Code and distributing it, you acknowledge and accept that the Service will automatically collect, log, and process scan-event metadata from every person who scans such code (including without limitation IP address, approximate geolocation inferred from IP address, user-agent string, operating-system and browser family, device type, and precise timestamp). You represent and warrant that you have all necessary rights and legal bases under applicable law to cause such processing, and you shall be solely responsible for providing any notices or obtaining any consents required by the law of the jurisdiction of the scanning party.
You expressly acknowledge and consent that personnel of the Company holding the "Support" or "Admin" role have the technical capability to view, modify, suspend, or delete any Account data, QR code metadata, encoded payload, or scan log within the Service, as more particularly described in Section 5 of the Privacy Policy. Such access is exercised strictly on a need-to-know basis, under contractual confidentiality obligations, and solely for the purposes of providing support, investigating abuse, complying with legal process, maintaining the integrity of the Service, or discharging a statutory obligation. All administrative actions are recorded in an immutable activity log.
The Service, including without limitation the software, design, interface, trademarks, logos, documentation, and all content other than User Content ("Company IP"), is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual-property laws of India and other jurisdictions. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable licence to access and use the Service for your own lawful use.
You shall not, and shall not permit any person to, (a) copy, modify, adapt, translate, or create derivative works of the Company IP; (b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service; (c) remove or alter any proprietary notices or labels; or (d) use the Company IP except as expressly permitted by these Terms.
"QR Code" is a registered trademark of DENSO WAVE INCORPORATED. All other trademarks referenced in the Service are the property of their respective owners.
The Service may contain links to, or may interoperate with, third-party websites, applications, or services that are not owned or controlled by the Company. We do not endorse, and shall have no responsibility for, the availability, accuracy, content, privacy practices, or any other aspect of such third-party services. Your access to and use of any third-party service shall be subject to the terms and policies of that third party, and you do so at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. The Company, its directors, officers, employees, affiliates, agents, licensors, and suppliers expressly disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, uninterrupted availability, freedom from error, or freedom from malicious code. We do not warrant that the Service will meet your requirements, that any defect will be corrected, or that the Service will be free from viruses or other harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) The Company is not responsible and shall under no circumstance be held liable for:
(b) In no event shall the aggregate liability of the Company, its directors, officers, employees, affiliates, agents, licensors, or suppliers, arising out of or in connection with these Terms, the Service, or any use thereof, whether in contract, tort (including negligence), statute, or otherwise, exceed the greater of (i) the amount actually paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) Indian Rupees One Hundred (INR 100) only.
(c) You acknowledge that the foregoing disclaimers and limitations are a material basis on which the Service is provided to you, and that the Service would not be offered at the stated price, or at all, without them.
You shall defend, indemnify, and hold harmless the Company, Elicus Technologies Private Limited, and their respective directors, officers, employees, affiliates, agents, licensors, and suppliers from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a full-indemnity basis) arising out of or in connection with (i) your breach of these Terms, the Privacy Policy, or any applicable law; (ii) your use of the Service; (iii) your User Content; (iv) your infringement of any third-party right; or (v) any dispute between you and a scanning party or destination-website operator arising from a QR code you created.
We may, at our sole discretion and without any prior notice or liability to you, (a) suspend, disable, restrict, or terminate your Account or access to the Service, in whole or in part; (b) remove, block, or permanently delete any User Content; (c) disclose information to law-enforcement authorities; and (d) pursue all remedies available at law or in equity, in any of the following circumstances: (i) a breach or suspected breach by you of these Terms or applicable law; (ii) a material risk of harm to the Service, the Company, or any third party; (iii) a request, order, or direction from a competent authority; (iv) prolonged inactivity of your Account; or (v) discontinuation of the Service.
Upon termination, all licences granted to you under these Terms shall immediately cease, and we may delete your Account data and User Content subject to our retention obligations under the Privacy Policy and applicable law. Provisions which by their nature should survive termination, including without limitation Sections 8, 9, 12, 14, 15, 16, 19, 20, and 22, shall so survive.
The Company does not guarantee any specific uptime, latency, or availability level for the Service except as may be expressly set forth in a written service-level agreement signed by an authorised representative of the Company. The Company shall not be liable for any failure or delay in performance caused, in whole or in part, by any circumstance beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, epidemics, war, insurrection, terrorism, civil unrest, labour strikes, government action, utility failures, internet-backbone outages, cyber-attacks, cable cuts, or the failure or degraded performance of any upstream third-party service provider.
Data retention practices are set forth in the Privacy Policy. Users of the Service benefit from a thirty-day soft-delete recovery window ("Trash") for deleted saved QR codes; after the expiry of such thirty-day period, the deleted data shall be permanently and irreversibly erased from active systems, subject to residual retention in encrypted backups for routine disaster-recovery purposes.
In compliance with the Information Technology Act, 2000, and the rules framed thereunder, you may raise any grievance, notice, query, or request in relation to these Terms, the Service, or your Account by using the contact form available at https://elicus.com/contact. We shall endeavour to acknowledge any complaint within forty-eight (48) hours of receipt and resolve it within such period as is prescribed by law, or as soon as reasonably practicable.
These Terms shall be governed by, and construed in accordance with, the laws of the Republic of India, without reference to its conflict-of-laws principles. Subject to the arbitration clause below, any dispute, claim, controversy, or cause of action arising out of or in connection with these Terms, their subject matter, or their formation shall be subject to the exclusive jurisdiction of the competent courts situate at Jaipur, Rajasthan, India.
Prior to instituting any legal proceedings, the parties shall endeavour in good faith to resolve the dispute through amicable discussion for a period of thirty (30) days. If the dispute is not resolved within such period, the matter shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by the Company, conducted in the English language under and in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Jaipur, Rajasthan, India. The arbitral award shall be final and binding upon the parties, and judgement thereon may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, the Company shall at all times retain the right to seek injunctive or other equitable relief from any court of competent jurisdiction in respect of any actual or threatened infringement of its intellectual-property rights, confidentiality obligations, or Section 8 (Prohibited Use).
We may, at our sole discretion and without prior individual notice, amend, supplement, or replace these Terms at any time. The amended Terms shall take effect upon publication on https://scanilla.com/terms. Your continued use of the Service following such publication shall constitute your conclusive acceptance of the amended Terms. If you do not agree to the amended Terms, your sole and exclusive remedy is to discontinue use of the Service.
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed replaced by a valid provision that most closely reflects the original intent. No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver thereof. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets.
Any notice required or permitted to be given by you to us under these Terms shall be submitted via the channel referenced in Section 20. Any notice from us to you may be delivered by email to the address associated with your Account, by a banner or in-product message within the Service, or by publication on a publicly accessible URL of the Service.
These Terms, together with the Privacy Policy and any other binding document referenced herein, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.