FUJITSU

ScanSnap Cloud Terms of Service

Welcome to PFU 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 PFU 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 PFU and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS, YOU 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 PFU does not provide any warranties for the Services. This contract also limits PFU'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. "PFU" means PFU (EMEA) LIMITED, a corporation registered in England and Wales, that provides the Service.
  3. "Imaging Scanner" means one of the imaging scanner models sold by PFU, which is needed in order to use the Service and is specified by PFU 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 PFU'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.

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 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 user ID per Imaging Scanner. Only You may use Your user ID. You agree not to share Your user ID with any third party.

4. Creating Your Account

  1. To obtain access to the Services, You may be required to obtain an account with PFU and provide to PFU certain information ("Your Information"), by completing a registration form and designating a user ID and password. After You have made an application for use pursuant to the preceding paragraph, the Service Contract shall take effect upon PFU's approval of the application.
  2. PFU may reject Your application or withdraw approval for Your application at any time for any of the following reasons at PFU's sole discretion:
  1. (i)PFU finds misrepresentation or error in Your Information.
  2. (ii)PFU deems You do not possess the legal capacity to enter in to 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.
  3. (iii)PFU deems that You are antisocial, or that the You have dealings or involvement with an antisocial power, in ways such as maintaining, running or assisting the antisocial power through funding or by other means.
  4. (iv)PFU deems that You are an individual or entity that has violated any contract or agreement with PFU in the past.
  5. (v)PFU deems that You are an individual or entity whose user ID has been deleted pursuant to Article 8 of the ToS in the past.
  6. (vi)Any other case where PFU deems that it would not be appropriate for PFU to provide the Service to You.

5. Management of User ID and Password

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

6. Contents of the Service

  1. PFU reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. PFU may add or remove functionalities or features, and PFU may suspend or stop a Service altogether.
  2. Except for material that PFU licenses to You, PFU claims no ownership of any Contents that are transmitted, stored, or processed in Your account(s). PFU is unable to control, verify, or endorse the Contents that You and others make available on the Service.
  3. You hereby grant PFU and its contractors the right to transmit, use and disclose Contents posted on 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 PFU believes in good faith requires PFU to disclose information to assist in preventing the death or serious bodily injury of any person.
  4. 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.
  5. 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. PFU 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.
  6. You must immediately notify PFU 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 PFU with such cooperation and assistance related to any such unauthorized use as PFU may reasonably request.

7. Your Contents

  1. Contents will be stored on PFU's servers for a fixed period in order for the Service to process data. The Contents will not be viewed by PFU unless You have provided consent for such support as provided for in Article 13 Paragraph (3).
  2. You understand that Contents may fail to be transmitted to a Third-party 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.
  3. You agree that PFU and its licensors can use the Contents for enhancing and improving the Service during the two-week period.
  4. PFU will use commercially reasonable efforts to implement security measures including encryption using SSL and similar methods to protect Your Contents from unauthorized access.

8. Suspension and Termination of Use of the Service

  1. PFU 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. PFU 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 PFU 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 PFU reasonably deems necessary.
  2. If, in PFU's determination, the suspension might be indefinite and/or PFU has elected to terminate Your access to the Service, PFU 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 PFU's suspension or termination of Your use of the Service.

9. Prohibited Use

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, organization, or PFU 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 PFU) to access or use the Service. In addition, You promise that You will not and will not encourage or assist any third party to:

  1. (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;
  2. (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;
  3. (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;
  4. (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;
  5. (v)cause, in PFU's sole discretion, inordinate burden on the Service or PFU's system resources or capacity.

10. Software

  1. If You receive software from PFU, 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. PFU reserves all other rights to the software.
  2. PFU may automatically check Your version of the software. PFU may also automatically download to Your computer or Mobile Device new versions of the software.
  3. Any software is licensed, not sold. Unless PFU notifies You otherwise, the software license ends when Your use of Service ends. You must then promptly uninstall the software, or PFU may disable it. You must not work around any technical limitations in the software.

11. Use of Third-party Service

All transactions using PFU'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 PFU and its licensors are not responsible for such Third-party Service. PFU may also provide some content to You as part of the Services. However, PFU 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, PFU and its licensors are not responsible for any Third-party Service You access with the Services, and You irrevocably waive any claim against PFU and its licensors with respect to such Third-party Service. PFU 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 PFU and its licensors are not responsible unless the problem was the direct result of our breach.

12. No Warranties and Limitation on Liability

  1. PFU PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PFU, ITS AFFILIATES, LICENSORS OR SUPPLIERS MAKES 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 PFU, 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 PFU 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 PFU

  1. PFU uses and protects Your Information in accordance with the Privacy Policy located at
    http://www.fujitsu.com/uk/about/local/corporate/subsidiaries/fel/privacy.html
  2. Unless otherwise stated in the ToS, PFU will not make Contents available to the public, view the Contents, or otherwise disclose them to any third party (except for transmitting it to Third-party Service).
  3. You further acknowledge and agree that PFU 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 PFU or PFU'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 PFU employees, customers, or the public.

14. Alteration of the ToS

PFU 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 PFU's sole discretion, PFU deems a revision to the ToS to be material, PFU will notify You via the Service Site and/or by email to the email address associated with Your account. Therefore, PFU 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 PFU 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. PFU may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding PFU's products and services, via electronic mail. We give you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.
  2. If you have any inquiries regarding to the Service, You can contact PFU though the Service Site.

16. PFU Proprietary Right

PFU 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 PFU and/or its licensors. In the event that You provide comments, suggestions and recommendations to PFU 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 PFU and/or 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 PFU cannot enforce a part of the ToS as written, You agree that PFU 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 PFU 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 obligations 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 England without regard to conflict of laws principles. If a court holds that the laws of England do not govern the ToS, the laws of the state or country where You live govern all claims and disputes under this agreement.
  2. If a dispute arises between You and PFU in connection with the ToS, You and PFU 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, the competent court of England shall be the agreed exclusive jurisdictional court.

End of Document

(Established April 13 , 2017.)