The contract between you and SmartScanPro, written in plain English wherever the law lets us. By signing up or calling our API you agree to these terms.
You may use SmartScanPro for any legitimate purpose that is consistent with applicable law and with the medical-grade boundaries set out in section 9. You must not:
Breach of these rules gives us the right to suspend or terminate your account on notice, including without refund in cases of deliberate or harmful misuse.
For customers on a paid tier (Starter, Growth, Enterprise) we commit to a monthly uptime of 99.9% on the REST API and dashboard, measured across calendar months and excluding scheduled maintenance announced at least 72 hours in advance.
Credits are applied automatically against the next invoice once confirmed by our on-call team. The free tier is provided as-is with best-effort availability and no SLA.
Enterprise customers can negotiate tighter SLAs (up to 99.95%) and per-region uptime guarantees as part of their order form.
Paid plans are billed monthly or annually in advance in USD (or EUR for customers invoiced in our Ireland entity). Usage overages are billed in arrears at the end of each billing cycle using the per-scan rates on our Pricing page.
If a payment fails we retry up to three times over five days and email the billing contact on file. Persistent non-payment may result in service suspension; suspension does not delete your data, which remains available for 30 days before deletion.
Enterprise customers can be invoiced on NET-30 terms subject to credit approval. Taxes and withholding are your responsibility except where we are legally required to collect them.
We offer a 30-day refund window for first-time paid subscriptions if the product does not meet your needs. After that window, refunds are issued at our discretion for service-level breaches, documented billing errors, and genuine edge cases we agree are worth honouring. We do not refund usage that has already been consumed.
Downgrading a plan mid-cycle takes effect at the end of the current billing period. Upgrading takes effect immediately and is prorated.
You keep all rights to the inputs you send us (videos, images, documents, metadata) and to the outputs we return (vitals, extractions, JSON, FHIR resources). We keep all rights to our platform: our models, training data, software, APIs, SDKs, documentation, marketing assets, and the SmartScanPro name and logo. The limited licence we grant you is the right to use the service for the subscription period you've paid for — nothing more, nothing less.
If you submit feedback, bug reports, or feature requests we may use them freely without attribution. This does not give us any right to the underlying data you used to illustrate the request.
You will defend and indemnify SmartScanPro against third-party claims arising out of (a) your breach of these terms, (b) content you sent to the API that you did not have the right to send, or (c) your use of the service to make decisions about individuals that violated applicable law. We will defend and indemnify you against third-party claims that the SmartScanPro service itself, when used as documented, infringes their intellectual property — subject to the liability cap in section 7.
Neither party is liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility of such damages. Each party's total aggregate liability under these terms is capped at the greater of (a) the fees paid by you to SmartScanPro during the 12 months preceding the claim, or (b) USD 1,000.
These caps do not apply to breaches of confidentiality, violations of intellectual-property rights, indemnification obligations, or liability that cannot be limited under applicable law.
SmartScanPro is a wellness-grade and developer-tooling product. Except where expressly stated in an order form, we provide the service "as is" and "as available", without warranties of any kind — including merchantability, fitness for a particular purpose, accuracy, or non-infringement.
The vitals we produce are estimates generated from video and image signals. They are not a substitute for a calibrated medical device operated by a trained professional, and they are not cleared by the FDA, EMA, or any other regulator for clinical diagnosis.
Important. SmartScanPro is not a medical device. Our outputs are wellness-grade estimates intended to inform, track, and trend — not to diagnose, cure, treat, or prevent any disease. Do not use them as the sole basis for a medical decision.
If you are building a product that will be marketed as a medical device, you are responsible for the applicable regulatory clearance (FDA 510(k), CE MDR, PMDA, and so on). We are happy to support your submission with validation reports and technical documentation under a separate agreement.
End users experiencing a medical emergency should dial their local emergency number immediately and must not rely on SmartScanPro outputs.
Either party may terminate for convenience at the end of any billing period with 30 days' notice. Either party may terminate for cause immediately if the other materially breaches these terms and fails to cure within 15 days of written notice.
On termination: your access to the dashboard and API is disabled; your data remains available for export for 30 days; after 30 days it is permanently deleted (subject to the retention carve-outs in our Privacy Policy). Sections that are meant to survive termination — IP, confidentiality, liability limits, governing law — will survive.
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Exclusive jurisdiction and venue for any dispute lies in the state and federal courts located in New Castle County, Delaware. Each party waives any right to a jury trial.
If you contract with our Irish entity (SmartScanPro EU Ltd.), those terms are instead governed by the laws of Ireland with exclusive jurisdiction in the courts of Dublin.
Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.
We may update these terms from time to time. Material changes will be announced at least 30 days in advance via email to the billing contact on file and a banner in the dashboard. Continued use of the service after the effective date constitutes acceptance of the revised terms. If you do not agree, you can terminate without penalty before the effective date.
Non-material changes — fixing a typo, reorganising section numbers, clarifying wording — take effect on the "Last updated" date with no prior notice.