SCAMPOO TERMS AND CONDITIONS AGREEMENT

This End User Agreement (“Agreement“) is the legal agreement between you (“Subscriber”) and Logic Advisers, LLC (“Logic“) with respect to Logic’s email scanning service (“Scampoo“) provided to Subscriber by Logic to be used on Subscriber’s incoming email messages as set forth herein. The terms “we and us” shall also refer to Logic Advisers, LLC. The terms “you”, “your” and ”I” shall also refer to Subscriber and any authorized end users who have access to Scampoo.

BY CREATING AN ACCOUNT OR INITIALLY USING SCAMPOO YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. WE RECOMMEND THAT YOU PRINT AND KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE DETERMINED BY THE DATE ON WHICH YOU CREATE AN ACCOUNT AND PROVIDE A VALID PAYMENT METHOD.

We may amend this Agreement and the Privacy Policy at any time by posting the amended terms on our website, scampoo.com. Your continued use of Scampoo shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not renew your subscription for use of Scampoo. This Agreement may not be otherwise amended.

1. Service — Logic provides access to Scampoo hosted by third party cloud service providers of Logic’s choice. Scampoo will scan each selected email, up to 100 per calendar month, for signs of scams, viruses and phising. You will then receive an electronic reply from Scampoo with the results of the scan. This Agreement sets forth the basis on which you are permitted to access and use Scampoo. The term “Scampoo” shall include all revisions, improvements, new releases and/or updates that may be made and related documentation all to the extent provided by Logic under this Agreement.
2. Subscription Term — To the extent you have entered into a subscription to use Scampoo, subject to the terms of this Agreement, Logic hereby grants you a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable subscription to receive access to Scampoo for all legal uses contemplated by this Agreement. You shall be solely responsible to ensure that Scampoo is properly used by you. The Term shall commence as soon as you have completed the subscription process to Scampoo, and shall be in effect for the plan you have selected. All subscriptions will renew automatically at the end of each subscription period’s Term, maintaining the originally selected plan. Renewal will automatically charge you using the same payment method provided when you originally subscribed. If the payment method is not accepted you will be notified of the need to update the payment method. The renewal will occur on or about the same day of the month in which you originally subscribed. You may opt out of automatic subscription renewal by logging into your account on the website scampoo.com and canceling your subscription in Account Settings before the end of the then surrent subscription period.
3. Subscription Only — SCAMPOO IS PROVIDED TO YOU BY SUBSCRIPTION; IT IS NOT SOLD. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in Scampoo. Without limiting the generality of the foregoing, you agree and undertake not to: (i) sell, lease, or distribute Scampoo, or any part thereof, or otherwise transfer Scampoo; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form Scampoo’s source code and or any third party applications provided by Logic or create any derivative work based on Scampoo; (iii) modify, revise, enhance, or alter Scampoo; (iv) delete or modify any attributions, legal notices or other proprietary designations in Scampoo or any part thereof. Any such forbidden use shall immediately and automatically terminate your subscription to use Scampoo, without derogating from any other remedies available to Logic; (v) represent that you possess any proprietary interest in Scampoo; (vi) use Scampoo in any illegal manner or for unlawful purposes; (vii) directly or indirectly, take any action to contest Logic’s intellectual property rights or infringe upon them in any way. You will indemnify, defend, and hold Logic harmless from all losses, fees and damages suffered by Logic and arising from your breach of the terms of this Section 3.
4. Title and Ownership — Scampoo and any revisions, modifications, enhancements and/or derivatives thereof are owned by Logic and are protected under copyright laws and treaties. All right, title, and interest in and to Scampoo, including all associated intellectual property rights are and shall remain owned solely by Logic and/or its subsidiaries.
5. Consent to Review Your Email — By accepting these Terms and Conditions you acknowledge that you have reviewed and agreed to Logic’s Privacy Policy available by accessing the following link: scampoo.com/privacy  (“Privacy Policy”). When you use Scampoo, you will enable your device to forward your selected emails to scan@scampoo.com. As part of the scanning process, we may have access to various types of Personal Information, which may be contained in your selected emails. Logic will only use the content of the emails you forward for purposes of providing the Scampoo service.
6. Third Party Information and Services — Scampoo uses proprietary information and services provided by third parties. Third party proprietary information and services used by Scampoo are provided “AS IS” without warranty of any kind.
7. Payment, Fees, and Taxes — Your use of Scampoo is subject to payment. You shall order Scampoo by going through the subscribing process available on our website at scampoo.com. In consideration for your use of Scampoo you shall pay Logic the fee for the Subscription Term you selected (“Fee“) set forth on our website. Payment terms and method are set forth on our website. Fees are net to Logic, and you shall pay all taxes associated with your subscription to use the Service. We reserve the right to change Scampoo offerings from time to time, to amend the scope of Scampoo offered. Scampoo fees may be subject to taxes due to various state and local governments, and Logic will add such taxes to the fees at such time fees are collected from each Subscriber. No refunds of any Fees collected will be refunded for any reason.
8. Compliance with Law — You undertake to use Scampoo in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions, and regulations and agree that you will not export, or allow the export or re-export of Scampoo in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
9. WARRANTY DISCALIMER — SCAMPOO IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LOGIC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH SCAMPOO IS TO IMMEDIATELY CEASE USE OF SCAMPOO. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF SCAMPOO REMAINS WITH YOU, AND YOU MUST USE COMMON SENSE AND CARE WHEN OPENING AND RESPONDING TO ANY EMAIL YOU RECEIVE REGARDLESS OF IF THE EMAIL WAS SCANNED OR WAS NOT SCANNED BY SCAMPOO. LOGIC DOES NOT WARRANT THAT SCAMPOO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION OR DELAY. IT IS CLARIFIED THAT ANY THIRD-PARTY PROVIDER TO LOGIC IS NOT RESPONSIBLE FOR THE PERFORMANCE AND RESULTS OF SCAMPOO AND DISCLAIMS ALL WARRANTIES OF ANY KIND. IF YOU HAVE A COMPLAINT ABOUT SCAMPOO YOU MUST INFORM LOGIC IN WRITING TO NOTICE@LOGICADVISERS.COM  OF SUCH COMPLAINT WITHIN 60 (SIXTY) DAYS OF THE DATE ON WHICH AN EVENT WHICH IS THE SUBJECT OF THE COMPLAINT OCCURRED. LOGIC WILL REVIEW THE COMPLAINT AND RESPOND TO ANY COMPLAINT WITHIN 30 (THIRTY) DAYS AFTER THE RECEIPT OF SUCH COMPLAINT.
10. LIMITATION OF LIABILITY — UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL LOGIC OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR FOR DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF PERSONAL OR BUSINESS PROFITS OR MONIES, LOSS OF INFORMATION INCLUDING PERSONAL OR BUSINESS OR FINANCIAL INFORMATION. SOME JURISDICTIONS MAY NOT ALLOW OR MAY LIMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL LOGIC’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNTS PAID BY YOU TO LOGIC UNDER THIS AGREEMENT DURING THE 6 MONTHS PRECEDING THE DATE OF THE OCCURRENCE WHICH GAVE RISE TO THE CLAIM EVEN IF LOGIC HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
11. Notices — We may send notices to you by electronic mail (email) to the email address you provide to use when you subscribed to Scampoo. You may use e-mail sent to support@scampoo.com to contact us about inquiries, or some problem resolution issues. E-mail may not be a secure method of communication; therefore, we recommend you do not send confidential, personal, or financial information by e-mail unless we provide you a secured link via email.
12. Termination — Either party shall have the right to terminate this Agreement if the other party breaches a material term of this Agreement and such breach is not cured within 30 days following written notice delivered pursuant to Section 11. Notwithstanding the foregoing, Logic may terminate this Agreement and suspend delivery of the Service if you do not pay any Fees due hereunder when such Fees are due. Termination of the Agreement shall be in addition to any equitable remedies available to either party. All parts of this Agreement which by their nature are intended to remain in effect following termination shall survive any termination of this Agreement. You may cancel this agreement and your access to the Service pursuant to the terms set forth in Section 2.
13. Force Majeure — Neither party will be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics, or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.
14. Agreement —This Agreement shall constitute the complete and exclusive agreement between you and us, and may not be modified except by a written agreement signed by us and you. LOGIC’S ACCEPTANCE OF YOUR USE OF SCAMPOO, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN WHICH WAS PROVIDED BY YOUR COMPLETION OF THE SCAMPOO SUBSCRIPTION PROCESS. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. You may not assign this Agreement without Logic’s prior written approval. Logic shall be entitled to assign this Agreement at its reasonable discretion. This Agreement shall be construed and governed in accordance with the laws of the State of Illinois (regardless of its conflict of law provisions) and the competent state and federal courts in Rock Island County, Illinois shall have exclusive jurisdiction over any dispute arising out of or related to this Agreement. Failure of Logic to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. NO ACTION MAY BE COMMENCED UNDER THIS AGREEMENT MORE SIXTY DAYS AFTER A CAUSE OF ACTION HAS ARISEN.