Effective as of September, 2018
ToteScan is a cloud-based inventory and storage management platform. Our products make it easier for people to organize, find, and manage their items in storage ideas. Since our products are cloud based, you can access them through any number of device types (e.g., tablets, and smartphone devices) that you choose. This document, the ToteScan Terms of Service (“Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Jampaq, Inc. so please read carefully. If you do not agree with these Terms, do not register or use any of the Services. By using, accessing the ToteScan Service, platform and products including applications, mobile, software, websites or other properties owned or operated by Jampaq, Inc. or by registering for a ToteScan account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by Jampaq, Inc. (“Jampaq” or “we”). You are entering into this contract with Jampaq, Inc.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms.We will post the most current version of these Terms at www.totescan.com (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing firstname.lastname@example.org. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
3. YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and passcode or password. When registering with ToteScan you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete. You are entirely responsible for all information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). Only you or someone you have authorized may use your ToteScan account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact ToteScan Support at email@example.com
4. EMAIL SELECTED FOR YOUR ACCOUNT
You get to choose what email address you register for an account.
5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with ToteScan or signing up for Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; and (c) promotional information and materials regarding Jampaq' products and services. Notices emailed to you will be considered given and received when the email is sent. If you don't consent to receive notices (other than promotional materials) electronically, you must stop using the Services.
We call all the electronic information that you upload and store on your account “Content”. All Content uploaded by you into your account is yours. We don't control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content you place in your ToteScan account(s) and share through the Services and (b) making sure that you have all the rights you need to the Content. In addition, by storing, using or transmitting Content you cannot and will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 10). You agree to provide Jampaq (as well as agents or service providers acting on Jampaq’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order.
7. CONFIDENTIAL INFORMATION
During your use of the Services, Jampaq may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Jampaq. Similarly, we agree that your Content, and information contained in your account is confidential to you. Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information. However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories. Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.
8. CONTENT STORAGE
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
9. ACCEPTABLE USE POLICY
You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Jampaq and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Jampaq) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of information, file , email or other communication to or from the Services.
10. SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services. Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 10. You must make such request within 14 days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.
11. UPDATES TO THE SERVICE
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
12. THIRD PARTY SERVICES
Jampaq may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use (and any exchange of any information, license, payments etc., are between you and the third party provider) is solely between you and the applicable third party provider. Jampaq makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products. If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third party provider.
13. JAMPAQ PROPRIETARY RIGHTS
All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and Jampaq Confidential Information belong to Jampaq, and/or its suppliers, affiliates, or licensors. Jampaq or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and Jampaq Confidential Information. No title to or ownership of any proprietary rights related to the Services or Jampaq Confidential Information is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Jampaq about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Jampaq.
14. NO WARRANTY OR CONDITIONS
TO THE EXTENT NOT PROHIBITED BY LAW, Jampaq AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the extent not prohibited by law, you will defend Jampaq against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Jampaq’s actions); or (b) violates applicable law or these Terms. Jampaq will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
17. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JAMPAQ, ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF JAMPAQ HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF JAMPAQ AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
18. DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use. If you reside in the United States, you agree that the Terms, and your relationship with Jampaq will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in El Dorado County, California, USA and we each agree to personal jurisdiction in those courts. However, you agree that Jampaq can apply for injunctive remedies in any jurisdiction. However, you agree that Jampaq can apply for injunctive remedies in any jurisdiction.
Jampaq primarily offers for a fee to purchase official licensed ToteScan labels from a variety of online or brick and mortar style retailers. Jampaq additionally offers the purchase of in-app downloadable and printable ToteScan labels. Jampaq may offer during an introductory period, during a marketing effort period, or at any other designated time, free labels to select individuals at Jampaq’s sole discretion. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase, if real-world printed labels are purchased through one of our authorized online retailers or retail store(s). You are responsible for all charges related to using the purchased Service (for example, data charges and connection fees). Jampaq reserves the right to change its prices at any time. If you cancel, stop using, or otherwise end your usage of Services, no refunds for previously paid services will be issued.
20. GENERAL TERMS
20.1 Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.
20.2 Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.
20.3 Waiver. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such 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.
20.4 Government Terms. If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the ToteScan Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
ToteScan Privacy Notice
Last Updated: September, 2018
Data privacy is important to Jampaq, Inc. (“Jampaq”). This Privacy Notice ("Privacy Notice") explains how information is collected, used and disclosed by Jampaq and applies to information collected when you use or access our online or mobile websites (such as www.totescan.com), products, services or applications (collectively, the “ToteScan Services"), or when you otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you.
Please read the following carefully to understand how we will collect, use and maintain your personal information. It also describes your choices regarding use, access and correction of your personal information.
Changes to This Notice
We may change this Privacy Notice from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Privacy Notice, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective. We encourage you to review our Privacy Notice whenever you access the ToteScan Services to stay informed about our information practices and the ways you can help protect your privacy.
If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate with us and stop using the ToteScan Services. Your use of any of the ToteScan Services after the posting of such changes shall constitute your consent to such changes.
We may collect certain user information (including personal information and/or sensitive personal information) in the following ways:
Information You Provide To Us. We may collect information you provide directly to us including when you visit one of our websites, register for and/or use one of the ToteScan Services.
For example, we collect information when you register with ToteScan for an account, access and use the ToteScan Services (including but not limited to when you upload information, download information, scan items, or other information), participate in any interactive features of the ToteScan Services, participate in a survey, contest, promotion, sweepstakes, activity or event, make a purchase, apply for a job, request customer support, or communicate with us via third-party social media sites.
The types of information we may collect directly from you include your email address, phone number, information about your storage items, and contents of storage you’ve uploaded/modified. We also store the files or other information that you upload or provide to the ToteScan Services ("Content") in order to be able to provide you with the features and functionality of the ToteScan Service.
The information of third parties such as name, email address, etc. as may be provided to enable the functionality and features of the ToteScan Service. For example, if you invite a user to ToteScan, we will collect their email address in order to provide them with an invite to the ToteScan Service in order to collaborate on the Content you designated.
Information We Collect Automatically When You Use the ToteScan Services. When you access or use the ToteScan Services, we may automatically collect information about you, including:
Usage Information: We monitor user activity in connection with the ToteScan Services and may collect information about the applications and features you use, the websites you visit, the Content you access and any actions taken in connection with the access and use of your Content in the ToteScan Services.
Log Information: We log information about you when you access and use the ToteScan Services including your Internet Protocol ("IP") address, access times, device type, and Internet Service Provider ("ISP").
Device Information: If you access the ToteScan Services from a mobile device, we collect information about the device, including the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). If you experience an error or crash in any of the ToteScan Services, we may collect data (using first or third party products) and logs from your device including information such as your device’s Internet Protocol (“IP”) address, device name, operating system version, application configuration(s), the time and date, and other statistics.
Information We Collect From Other Sources. We may also obtain information from third parties and combine that with information we collect through the ToteScan Services. For example, we may have access to certain information from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy notice and authorization procedures determined by the social media service. We protect data obtained from third parties according to the practices described in this policy, plus any additional restrictions imposed by the source of the data.
Use of Information
We may use the information collected for the limited purpose of providing the ToteScan Service and related functionality and services, as described in this Privacy Notice and as permitted by applicable laws. These limited purposes include circumstances where it is necessary to provide or fulfill Services requested by or for you or where you have given us your express consent. The information may be used to perform a variety of purposes, including to:
Provide, operate, maintain and improve the ToteScan Services;
Enable you to access and use the ToteScan Services, including uploading information, scanning items, scanning labels, inventory tracking, and downloading information.
Send you technical notices, updates, security alerts and support and administrative messages;
Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and/or downloadable label delivery;
Respond to your comments, questions, and requests and provide customer service and support;
Communicate with you about services, features, surveys, newsletters, offers, promotions, contests, and provide other news or information about Jampaq, Totescan and our select partners;
Process and deliver contest or sweepstakes entries and rewards;
Monitor and analyze trends, usage, and activities in connection with the ToteScan Services and for marketing or advertising purposes;
Investigate and prevent fraudulent transactions, unauthorized access to the ToteScan Services, and other illegal activities;
Personalize and improve the ToteScan Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the ToteScan Services;
Send you push notifications from time-to-time in order to update you about events or activities related to the ToteScan Services. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we collect certain information about your device such as operating system and user identification information;
Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
For other purposes about which we will provide you with prior notice as described in the "Changes to This Notice" section
Help you share your optionally publicly enabled labels, at your discretion, for others to scan and view contents.
By accessing or using the ToteScan Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.
Sharing and Disclosure of Information
We will not share personal information about you or any Content with any third parties except as described in this Privacy Notice or in connection with the ToteScan Services. For example, we may share personal information about you including as follows:
Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to protect the security or integrity of the ToteScan Services, (d) to protect Jampaq, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person or (f) to any other third party with your prior consent.
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.
The ToteScan Services offers sharing features which allow you to make your labels/totes/storage bins public, which allows others not connected to your account the ability to visually scan your ToteScan label and see its contents. The content viewing is read-only and cannot be modified/edit/deleted unless it is done so through the originating owner account of the ToteScan label. You can choose to make any of your ToteScan labels public or private. Labels are set to private by default.
While no service is completely secure, Jampaq takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. For example, we encrypt your Content when it is stored in our data centers. In addition, all network communications with ToteScan Services is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.
The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any information you choose to include in your ToteScan labeled containers you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.
You may access your account information and our service only through the use of an individual user ID and passcode. To protect the confidentiality of personal information, you must keep your email/passcode combination confidential and not disclose it to any other person. Please advise us immediately if you believe your passcode has been misused. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
Account Information. You may modify/edit/remove any information you attach to any of your ToteScan labels and containers at anytime using any of our supported endpoints.. If you wish to deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. We will respond to your access request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.
We will retain personal data we process on behalf of our customers as directed by paying customers. Jampaq will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.
Social Media Features and Widgets
The ToteScan Services may include social media features. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on a ToteScan Service. Your interactions with these features are governed by the privacy notice of the company providing it.
Community Forums and Blogs
Any Jampaq hosted ToteScan related website, blog, social media channel, or video channel is publicly accessible. . You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
To request removal of your personal information from our blog or testimonials, contact us at the email address listed above. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our website, advertising, social media channels, and video channels, in addition to other endorsements.
Links to Third Party Websites
We may place links on the ToteScan Services. When you click on a link to a third party website from our app/website, your activity and use on the linked website is governed by that website’s policies, not by those of Jampaq. We encourage you to visit their websites and review their privacy and user policies.
Our Policy Toward Children
The ToteScan Services is not directed to individuals under 18. We do not knowingly collect personal information from children under the age of 18. If you become aware that a child has provided us with personal information, please contact us at firstname.lastname@example.org. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information..
Any questions about this Privacy Notice should be addressed to email@example.com
If you have a concern about our handling of your personal information, please get in contact with us first using the address firstname.lastname@example.org
If you believe Jampaq processes your personal data under reliance of the EU - U.S. Privacy Shield Framework or Swiss - U.S. Privacy Shield Framework and have inquiries and concerns that you would like to discuss with us, please contact us using the details in the "Contacting Us" section of this Privacy Notice.
Jampaq will respond to your inquiry within 45 days.
If you are in the EEA or Switzerland and feel we have not dealt with your concerns and that we are failing to meet our legal obligations, you can report this to your local data protection regulator or the Information Commissioner's Office ("ICO") in the United Kingdom. More information on reporting a concern to the ICO can be found at https://ico.org.uk.