NativeScan

1. Acceptance of these Terms

These Terms of Service together with the accompanying End-User Licence Agreement (collectively, the "Terms") form a binding legal agreement between you ("you" or "User") and Artem Lapshin ("we", "us", "our", or the "Operator"), the operator of the NativeScan mobile application and any related websites, services, or content (collectively, the "Service" or "App"). By downloading, installing, accessing, or using the App, by ticking the acceptance checkbox during onboarding, or by otherwise indicating your agreement, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and our AI Use Disclosure, each of which is incorporated by reference. If you do not agree to any part of these Terms, you must not install or use the App and must delete it from your device.

2. Eligibility and Age

You may only use the App if you are at least 13 years of age and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are between 13 and the age of majority in your jurisdiction (typically 18 or 19), you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and is jointly responsible for your compliance with them. The App is not directed to children under 13, and we do not knowingly collect data from children under 13. If you believe a child under 13 has used the App, contact us at nativescan.tool@gmail.com. We may, at our sole discretion, refuse access to, suspend, or terminate access for anyone at any time, with or without notice and without liability.

3. Assumption of Risk

You acknowledge and agree that your use of the App is voluntary, and that you knowingly and voluntarily assume all risk associated with that use. This includes, without limitation, the risk that:

• scanned documents stored on your device may be lost, corrupted, or inaccessible (including as a result of device loss, damage, replacement, software bugs, OS upgrades, or uninstallation);
• content you submit to AI features may be incorrectly named, miscategorised, mis-summarised, mistranscribed, mischaracterised, or otherwise processed in a way you did not expect;
• third-party services (including Apple, Google, and Cloudflare) on which the App depends may be unavailable, degraded, change without notice, or process your data in ways outside our control;
• your reliance on any output of the App, including AI output, may produce incorrect, harmful, or otherwise undesired results; and
• your use of the App may have legal, regulatory, professional, or contractual consequences for you that we cannot anticipate.

You agree that you, and not the Operator, bear sole responsibility for evaluating whether the App is suitable for your particular purpose, and for any consequence — direct, indirect, or otherwise — of your decision to use it.

4. Licence Grant and Restrictions

Subject to your continuous compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use. This licence is granted to you and does not transfer to any other person. The licence terminates automatically if you breach these Terms.

You agree that you will not, and will not permit, encourage, or assist any third party to:

• copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas of the App, except to the extent expressly permitted by applicable law and only after providing us with prior written notice;
• rent, lease, lend, sell, redistribute, sublicense, host, white-label, or otherwise commercially exploit the App;
• remove, alter, or obscure any proprietary notices, labels, watermarks, or marks within the App or anything generated by the App;
• use the App for any unlawful, fraudulent, infringing, deceptive, harassing, harmful, defamatory, obscene, or harmful-to-minors purpose, or in violation of any applicable law, regulation, court order, or rights of any third party;
• use the App to scan, process, transmit, or store content that you do not have the legal right to scan, process, transmit, or store, including content belonging to third parties, classified information, trade secrets of others, attorney–client privileged material that you are not authorised to handle, or content the disclosure of which is prohibited by law, regulation, contract, or professional obligation;
• use the App in a manner that could damage, disable, overburden, or impair our systems, our proxy, our hosting providers, or that of any third party (including Apple, Google, or Cloudflare);
• attempt to interfere with, gain unauthorized access to, probe, scan, or test the vulnerability of the App, our proxy, or any related infrastructure, or to bypass any security feature or usage limit;
• use the App, including the AI Features, to develop, train, evaluate, fine-tune, benchmark, or improve any competing product or any machine-learning model;
• use any robot, scraper, automated process, or AI agent to interact with the App for any purpose other than your personal use as a human end user; or
• use the App if you are located in, ordinarily resident in, or a national of any country, territory, or jurisdiction subject to comprehensive sanctions administered by Canada, the United States, the European Union, or the United Kingdom, or if you are on any prohibited- or restricted-party list.

All rights not expressly granted to you are reserved by us and our licensors. The Operator and his licensors retain all right, title, and interest in and to the App, including all intellectual property rights therein.

5. Your Content and Responsibilities

You retain all rights you have in the documents, images, text, voice input, and other content you create, capture, upload, or process through the App ("User Content"). We do not claim ownership of your User Content.

You are solely responsible for your User Content and for ensuring that you have all rights, licences, consents, and permissions necessary to scan, process, transmit, and store it through the App and, where applicable, through our third-party processors. You acknowledge and agree that:

• you will not use the App to handle the personal information of others without their informed consent and any applicable legal basis;
• you are responsible for assessing whether sending sensitive content (including identity documents, passports, banking statements, financial records, medical records, legal documents, immigration documents, biometric records, employment records, or other regulated, privileged, or confidential data) to third-party AI services is appropriate for your situation, and you accept that we make no representation that the App is fit for handling any specific category of regulated data or for any specific use case;
• you will comply with all applicable laws, including data protection, privacy, copyright, export control, sanctions, anti-money-laundering, and confidentiality laws and any professional codes of conduct that apply to you;
• You are solely responsible for backing up your User Content. The App stores documents locally on your device and we do not maintain server-side copies, do not perform backups, and have no ability or obligation to recover lost, deleted, corrupted, or inaccessible data. If your device is lost, damaged, replaced, factory-reset, or wiped, if the App is uninstalled, updated, or malfunctions, or if iCloud or another sync service fails, your data may be permanently lost and we will not be liable for that loss; and
• by submitting User Content to the AI Features, you grant us a limited, non-exclusive, royalty-free, worldwide licence to transmit and process that content solely to provide the feature you requested. We do not use your User Content to train, evaluate, fine-tune, or otherwise improve any model.

6. AI Features and Third-Party Processors

The App's artificial-intelligence features, including (without limitation) document categorisation ("AutoSort"), document naming ("AutoName"), and content question-and-answer ("Recall") (the "AI Features"), are an integral part of NativeScan. They are powered by third-party large language models, including Google's Gemini family of models, accessed through a secure proxy operated by us and hosted on Cloudflare.

When you invoke an AI Feature, content from the relevant document — which may include images, OCR text, voice transcripts, prior chat history, and other content you have scanned or supplied — is transmitted from your device through our proxy and on to the third-party AI provider for processing. The provider's response is then returned to your device. See our AI Use Disclosure and Privacy Policy for more detail.

You acknowledge and agree that:

• AI output is probabilistic, may be inaccurate, incomplete, biased, fabricated, defamatory, or misleading, and must not be relied upon for any decision having legal, medical, financial, tax, safety, immigration, professional, employment, or other significant consequence;
• AI Features do not constitute legal advice, medical advice, financial advice, tax advice, immigration advice, accounting advice, psychological advice, or professional advice of any kind, and no advisor–client, fiduciary, doctor–patient, attorney–client, accountant–client, or similar relationship is created by your use of them;
• we do not warrant the availability, accuracy, completeness, reliability, fitness for any particular purpose, or non-infringement of any AI output;
• third-party providers (including Google and Cloudflare) operate under their own terms, privacy policies, and data-handling practices. We do not control them, do not assume their obligations, and are not responsible for any act, omission, change in policy, outage, breach, or misuse on their part;
• you are solely responsible for independently verifying any AI output before acting on it and for any consequence of acting on AI output without verification;
• AI Features are part of the App's core functionality and cannot be separately disabled. If you do not agree to AI processing as described in the AI Use Disclosure, you must not install or use the App.

7. Acceptable Use

In addition to the licence restrictions in Section 4, you agree that you will not use the App, the AI Features, or any output of the App to:

• harass, threaten, stalk, intimidate, defame, dox, or harm any person;
• impersonate any person or misrepresent your affiliation with any person or organisation;
• generate, store, or share content that sexualises, depicts, or otherwise endangers minors, or that is otherwise illegal in your jurisdiction;
• generate, store, or share content that infringes any copyright, trademark, patent, trade secret, right of publicity, right of privacy, moral right, or other right;
• commit, plan, facilitate, or attempt fraud, identity theft, forgery, tax evasion, money laundering, or any other criminal or tortious act;
• generate or distribute malware, spyware, ransomware, phishing material, or any other harmful code; or
• otherwise use the App in any manner that we reasonably determine is abusive, deceptive, harmful, or contrary to the spirit of these Terms.

We may, in our sole discretion, suspend or terminate your access to the App at any time for actual or suspected violations of this Section 7, with or without notice, and without liability.

8. Subscriptions, Free Trials, and Payments

The App offers an optional auto-renewing subscription, "NativeScan Pro", in two tiers: a weekly plan and a yearly plan. The yearly plan begins with a 7-day free trial for first-time subscribers; the weekly plan has no trial. Current pricing is shown in the App at the point of purchase and is set by us and by Apple in your local currency.

All purchases are made through Apple's in-app purchase system. Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings at any time. Cancellation takes effect at the end of the current billing period; we are not able to issue partial refunds for unused time within a billing period.

If you are eligible for a free trial and you do not cancel before the trial ends, you will be charged the regular subscription price at the conclusion of the trial. Any unused portion of a free trial is forfeited when you purchase a subscription.

Refund requests are handled by Apple in accordance with Apple's policies. We do not have the ability to issue refunds directly. Promotional codes, discounts, free Pro grants, beta access, and bonus codes may be offered, modified, or revoked at our sole discretion at any time without notice and without liability. Prices may change at any time with prior notice through the App; continued use after a price change constitutes acceptance.

9. Advertising

For free users, the App displays advertising provided by Google AdMob. Advertising helps support the free tier of the App. Advertising preferences, including personalised-advertising consent, are managed through your device settings and through any consent prompts presented in the App. We do not control the content of advertisements served by AdMob and are not responsible for the conduct of advertisers or the products or services advertised. See the Privacy Policy for details.

10. Beta, Experimental, and Pre-Release Features

From time to time we may make beta, experimental, preview, or pre-release features available in the App. Such features are provided on an "as is", best-effort basis, may contain bugs, may be removed or changed at any time without notice, and are excluded from any service-level expectation. Your use of such features is entirely at your own risk and any feedback you provide may be used by us without obligation or compensation to you.

11. Updates, Changes, and Discontinuation

We may modify, update, suspend, throttle, gate, deprecate, or discontinue any part of the App at any time, with or without notice, including features, AI providers, AI models, AI quotas, pricing, free-tier limits, and these Terms. We may also limit certain features by tier, region, device, account, or operating-system version. Where we make material changes to these Terms, we will update the version number and effective date at the top of this document, and where reasonably practicable we will require renewed acceptance within the App. Your continued use of the App after a change constitutes acceptance of the updated Terms. You have no entitlement to any specific feature, functionality, AI provider, AI model, quota, or business model of the App.

12. Disclaimers — App Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, INCLUDING ALL AI FEATURES AND ALL OUTPUTS, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, DURABILITY, ACCURACY, QUIET ENJOYMENT, COMPATIBILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR HARMFUL COMPONENTS, COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR OS VERSION, OR THAT ANY DATA WILL BE PRESERVED, RECOVERABLE, OR ACCURATE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY AI OUTPUT, ANY OCR OUTPUT, ANY CATEGORISATION, ANY EXPORTED FILE, OR ANY OTHER OUTPUT OF THE APP. YOU USE THE APP, AND ANY OUTPUT OF THE APP, AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT WILL WE, OUR AFFILIATES, OUR LICENSORS, OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, FILES, DOCUMENTS, GOODWILL, REPUTATION, USE, BUSINESS, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE APP OR ANY AI OUTPUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
• OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS, REGARDLESS OF THEIR NUMBER, ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR ANY AI OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY DUTY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE CANADIAN DOLLARS (CAD $5.00);
• THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the minimum extent permitted by law. Nothing in these Terms limits any liability that cannot lawfully be limited (such as for fraud or gross negligence under applicable law).

14. Indemnification

You agree to defend, indemnify, and hold harmless the Operator, his affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, and representatives (collectively, the "Indemnified Parties"), from and against any and all claims, suits, proceedings, liabilities, damages, judgments, awards, fines, losses, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of, in connection with, or relating to: (a) your use or misuse of the App; (b) your User Content or any content you submit to an AI Feature; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, contractual obligation, or right of any third party; (e) your reliance on any AI output, including any decision you make in reliance on AI output; or (f) any dispute between you and any third party arising out of your use of the App. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defence of that matter. You will not settle any claim affecting an Indemnified Party without our prior written consent.

15. DMCA and Copyright Infringement

We respect the intellectual property rights of others and expect you to do the same. If you believe content stored or processed through the App infringes your copyright, send a notice to nativescan.tool@gmail.com with: (i) a physical or electronic signature of the rights holder or an authorised agent; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorised; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder. Because the App stores documents only on the user's device and not on our servers, our practical ability to remove allegedly infringing content is limited; we will, however, cooperate with valid legal process.

16. Termination

These Terms remain in effect until terminated. We may suspend or terminate your licence to use the App at any time, with or without cause, with or without notice, and without liability, including for any breach of these Terms or any actual or suspected violation of the Acceptable Use provisions. You may terminate these Terms at any time by uninstalling the App and ceasing all use. Sections that by their nature should survive termination — including Sections 3 (Assumption of Risk), 5 (Your Content), 7 (Acceptable Use), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (DMCA), 17 (Apple-Specific Terms), 18 (Governing Law), 19 (Dispute Resolution), 21 (Export Control), and 22 (General) — will survive termination.

17. Apple-Specific Terms

You acknowledge and agree that the following provisions apply to your use of the App because it is licensed through the Apple App Store:

• Acknowledgement. These Terms are concluded between you and the Operator only, and not with Apple Inc. ("Apple"). The Operator, not Apple, is solely responsible for the App and its content.
• Scope of Licence. The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and Support. The Operator is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• Warranty. The Operator is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Operator's sole responsibility.
• Product Claims. The Operator, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks (if any).
• Intellectual Property. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Operator, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Contact. Direct any questions, complaints, or claims regarding the App to: Artem Lapshin, nativescan.tool@gmail.com.
• Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App.
• Third-Party Beneficiary. You and the Operator acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

18. Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Dispute Resolution, Venue, and Class-Action Waiver

The parties will first attempt to resolve any dispute informally by contacting nativescan.tool@gmail.com and providing a brief written description of the dispute and the relief sought. If a dispute cannot be resolved informally within sixty (60) days of that notice, you and we agree that the courts located in Toronto, Ontario, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App, and you submit to the personal jurisdiction of those courts.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE: (A) ANY RIGHT TO A TRIAL BY JURY, AND (B) ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. Any claim against us must be filed within one (1) year after the cause of action arose, or it is permanently barred, except to the extent applicable law requires a longer period.

If you are a consumer resident in a jurisdiction where these waivers are not enforceable, this section applies only to the extent permitted by the laws of your jurisdiction, and does not deprive you of any mandatory consumer protection right.

20. Feedback

If you choose to send us feedback, suggestions, ideas, or bug reports, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable licence to use that feedback for any purpose without obligation or compensation to you. We are not obligated to keep feedback confidential.

21. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), and Canadian export control laws. You may not use the App in or export the App to any embargoed jurisdiction or to any person designated under any applicable sanctions program.

22. General

• Entire Agreement. These Terms, together with the Privacy Policy and AI Use Disclosure, constitute the entire agreement between you and us regarding the App and supersede any prior agreements between you and us on that subject.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while reflecting the parties' original intent.
• No Waiver. Our failure or delay in enforcing any right or provision of these Terms is not a waiver of that right or provision.
• Assignment. You may not assign these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms freely and without notice or consent, including in connection with a sale, merger, restructuring, or transfer of the App or any related business.
• Force Majeure. We will not be liable for any failure or delay in performance that results from causes beyond our reasonable control, including acts of God, war, terrorism, civil disturbance, pandemics, labour disputes, governmental action, internet or third-party service outages, infrastructure failures, supply-chain disruption, or cyber-attacks.
• Notices. We may send notices to you through the App, by in-app notification, by email if we have your address, or by posting to this website. You may send notices to us at nativescan.tool@gmail.com.
• Relationship. No agency, partnership, joint venture, fiduciary, or employment relationship is created by these Terms.
• Headings. Section titles are for convenience only and have no legal effect.
• Language. The parties confirm that these Terms have been prepared in English at their express request. Les parties confirment avoir convenu que la présente entente soit rédigée en anglais.
• Electronic Acceptance. You agree that your in-app acceptance (including ticking the onboarding checkbox) constitutes a valid electronic signature and creates a binding agreement under applicable electronic-transactions legislation.