1 Scope of Application
- 1.1 These Terms of Use apply for accessing the AI Scanner mobile application (“App”) and the services offered therein (“Services”) by end users (“User”). The App is an offer provided by applord GmbH Dresdener Straße 1, 52068 Aachen (“applord”). Further details about applord can be found in the legal notice.
- 1.2 The App contains components of open-source software, which are subject to separate licence terms. Details regarding the open-source software contained and its applicable licence terms can be found in the App.
- 1.3 These Terms of Use also apply to updates and upgrades of the App made available to the User.
2 Conclusion of Contract
- 2.1 By downloading the App from the App Store and accepting these Terms of Use, the User agrees to a licence agreement subject to all of the terms and conditions stated herein (“Agreement”).
- 2.2 Deviating, conflicting or supplementary general terms and conditions provided by the User shall not become part of the Agreement, even if applord is aware of them.
3 Grant of License
- 3.1 applord retains all ownership and intellectual property rights in the App. Subject to the terms of this Agreement, applord hereby grants to the User, a nonexclusive, limited, revocable, nontransferable right to access and use the App and Services, in object code form.
- 3.2 If the App is used as part of the User’s professional or commercial activity, the App may only be used for internal business purposes. Any further commercial use of the App is prohibited.
- 3.3 The User shall not use, or allow others to use, the App in any manner other than as expressly allowed in this Agreement. The User may not (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App or its structural framework, (ii) sublicense, distribute, license or grant any rights to the App (including without limitation allowing any distribution or sublicense of the App or other access to the App by any person or entity (iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App (iv) modify or create derivative works of the App, and (v) use the App in whole or in part for any illegal purpose.
4 Services, Service Changes
- 4.1 The App is designed to transform the User’s devices into a powerful document scanner. With cutting-edge AI technology, the App particularly allows the User to scan, save, and share documents. Details on the scope of the Services and system requirements can be found in the service description, available at [https://shlink.ecodms.cloud/appdescription]. The service description is solely intended to describe the Services and does not constitute any quality agreements or guarantees.
- 4.2 applord may offer– at its sole discretion –updates, patches, bug fixes and new versions via the App Store. applord may make changes, upgrades and improvements to the App available to the User from time to time. applord may modify or delete any features of the App and may, at any time, modify the App, or substitute old features with new features that have similar or improved functionality, as may be necessary to meet applicable laws or industry-standard requirements or demands or requirements of third party service providers.
- 4.3 As between the parties, the User is responsible for obtaining and maintaining the devices, internet and communications needed to access and use the App.
5 Availability and Support
- 5.1 applord strives to ensure that the Services are available as continuously as possible within its technical and operational capabilities but does not warrant or guarantee uninterrupted use. The Services may be interrupted or affected by maintenance work, further development, or other issues.
- 5.2 applord provides for the Customer - at its sole discretion - general support on working days, except for German and/or Nordrhein-Westfalen public holidays between 09:00 (CET) and 16:00 (CET). applord support can be reached via e-mail [
This email address is being protected from spambots. You need JavaScript enabled to view it. ].
6 User Content
- 6.1 The User may upload documents, receipts and other compatible content (“User Content”) to the App to use the scan feature and other Services. By uploading User Content to the App, the User grants to applord a royalty-free license to use the respective User Content:
- 6.1.1 for the provision of the Services during the term and in accordance with this Agreement.
- 6.1.2 for the enhancement of the Services and the training of applord’s AI technology, unlimited in time, to improve automatic edge and orientation detection. Details regarding the processing of personal data can be found in the Privacy Policy.
- 6.2 The User is solely responsible for the User Content. applord does not verify the completeness, correctness, legality, quality and suitability for a specific purpose.
- 6.3 applord will not provide storage capacity for the User. All User Content scanned via the App must be stored on the User’s end devices. applord is not able to access User Content stored on the User’s devices.
- 6.4 The User represents, warrants and covenants that it is the sole owner of all rights to User Content created by the App or that it is otherwise authorized (e.g. through effective permission or license from the rights holder) to upload the User Content and to grant the rights of use and exploitation to applord as described herein.
7 Prohibited Activities
- 7.1 The User is solely responsible to ensure that the App is only used in accordance with the applicable laws and these Terms of Use. Including without limitation, the User must ensure that the Services are not used for purposes that are racist, harassing, discriminatory pornographic, endanger the protection of minors, are politically extreme, or infringe the rights of third parties.
- 7.2 The User shall be prohibited from scanning User Content that may contain special categories of personal data within the meaning of Art. 9 GDPR, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
- 7.3 applord may immediately suspend provision of or access to the Services at any time, without notice to the User, if applord suspects or becomes aware that the App, the User Content or the use thereof may infringe or violate any third-party rights or may violate applicable laws.
8 No Fees
Access to the App and use of the Services are free of charge. applord reserves the right to add functions within the App that may be or become subject to payment of a fee.
9 Term and Termination
- 9.1 applord may terminate the Agreement at any time with a notice period of 14 calendar days at the end of the month.
- 9.2 The User may terminate the Agreement at any time.
- 9.3 The right of either party to terminate the Agreement for important reasons shall remain unaffected.
10 Warranty
- 10.1 As there is no charge for the license of the App, applord does not assume any warranty for the App and Services provided, except in cases in which applord has fraudulently concealed the defect.
11 Limitation of Liability
- 11.1 applord shall be liable in all cases of contractual and non-contractual liability in accordance with the following provisions:
- 11.1.1 applord shall be liable without limitation for damages caused intentionally or by gross negligence.
- 11.1.2 applord shall not be liable in the event of simple negligent breach of only insignificant contractual obligations. In all other respects, applord's liability for damages caused by simple negligence is limited to such damage that can typically be expected to occur within the scope of the Agreement (contractually foreseeable damages). The parties agree that the contractually foreseeable damage cannot exceed €5,000 in any case.
- 11.1.3 The above limitation of liability does not apply in case of (a) fraudulent intent, bodily injury or personal health damage, (b) for absence of an expressly assured or guaranteed quality and (c) for claims arising from product liability in accordance with the German Product Liability Act (ProdHG).
- 11.2 Insofar as applord's liability is excluded or limited under these provisions, this shall also apply to the liability of applord's vicarious agents.
12 Indemnification
The User shall indemnify and hold harmless applord from all liabilities, damages, harm, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to claims, suits, allegations and proceedings brought by third parties against applord due to the violation of their rights by the User Content or due to a violation of law by User, or due to any other User’s breach of this Agreement.
13 Data Protection
- 13.1 applord complies with applicable data protection law. More detailed information about the collection, processing and use of personal data in or in connection with the App can be found in the Privacy Policy.
- 13.2 Details regarding the processing of personal data by applord following the instructions of the User can be found in the Data Processing Agreement which shall become part of this Agreement.
14 Modifications of these Terms of Use
- 14.1 applord reserves the right to amend or supplement these Terms of Use at any time with future effect, especially if such changes are necessitated by legal changes or technical improvements to the App or Services.
- 14.2 Modifications of these Terms of Use shall be announced to the User in the App at the latest 30 days before they come into effect.
- 14.3 Unless the User objects to the changes within 14 days of its announcement, the User will be deemed to have accepted the change ("Implied Consent"). The Implied Consent shall not apply to material changes affecting a main obligation of the Agreement (such as the change of the licensing model or introducing of licence fees). Such material changes require the explicit consent of the User.
- 14.4 In the event of an objection, the Agreement will continue under the existing Terms of Use and applord has the right to terminate the Agreement in accordance with Section 9.1.
- 14.5 Insignificant changes to these Terms of Use, such as editorial corrections of typographical errors that do not affect the contractual relationship and obligations of the parties, may be made without prior notice to the User.
15 Miscellaneous
- 15.1 These Terms and Conditions supersede all prior agreements with respect to its subject matter.
- 15.2 Amendments or additions to this Agreement must be made in writing to be effective.
- 15.3 The law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods, shall apply, if:
- 15.3.1 the User is usually resident in Germany; or
- 15.3.2 the User is usually resident in a state that is neither a member of the European Union nor the United Kingdom.
- 15.4 If the User is a merchant within the meaning of German Commercial Code (HGB), the exclusive place of jurisdiction shall be the registered office of applord.
- 15.5 If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
