PLEASE READ THIS INDIVIDUAL USER TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Scoot, Inc., A DELAWARE CORPORATION based in Dallas, Texas (“SCOOT,” “WE” OR “US”). Although Scoot’s Services (defined below) are offered to individuals, companies, and organizations within countries we have activated for Services, this Individual User Terms of Use Agreement applies to each individual with an account on our Services. If you wish to purchase a subscription for yourself or your company or organization, you must agree to the terms of our Customer Subscription Agreement. Scoot, Inc. is the controller of the personal data provided to Scoot, Inc. through any of its websites, feedback channels and within the Scoot apps and Services (defined below).
THE “DISPUTE RESOLUTION” SECTION OF THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE THE “DISPUTE RESOLUTION” SECTION FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By electronically accepting these terms, accessing any of our websites, creating a member profile on any of Scoot’s Services, including the Scoot app for smartphone, or using any of our Services, you are entering into a legally binding contract with Scoot. If you do not agree to this Agreement, please do not ACCEPT THIS AGREEMENT, click on “Create Account” within the Scoot App for smartphone and do not access information on our websites or engage in any of our Services. If you wish to terminate this Agreement, you may do so at any time simply by contacting feedback@scoot.app, closing your account and then no longer visiting our websites or engaging in our Services. If you’ve purchased a subscription to the Services, you must also cancel all of your subscriptions in accordance with the terms of our Customer Subscription Agreement to terminate this Agreement and your account.
IF YOU SIGN UP FOR OR PURCHASE A SUBSCRIPTION TO THE SERVICES ONLINE, THEN YOU MUST AGREE TO THE TERMS OF OUR CUSTOMER SUBSCRIPTION AGREEMENT. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SCOOT’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS OF OUR CUSTOMER SUBSCRIPTION AGREEMENT.
This Agreement applies to the Services, including Scoot.app, the Scoot app for iOS, and any other apps or services provided by us.
Services
“Services” under this Agreement are defined as the services made available by us through our website at scoot.app and our applications (including Scoot’s applications for smartphone), which may include the ability to participate in a virtual meeting, create a meeting space (“Scootaverse”), make recordings of meetings, and conduct virtual meetings. This Agreement applies to both Registered Members, (individuals who have created a profile on the Services) as well as Non-registered Members (individuals or entities who engage with our websites or applications but have not created a profile on the Services).
Subject to your compliance with the Agreement, Scoot grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of any of the Scoot apps on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes, subject to the payment of any applicable subscription fees. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not use any metatags or other “hidden text” using Scoot’s name, service marks, or trademarks; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (d) you shall not access the Services to build a similar or competitive website, application or service; (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (g) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Scoot pursuant to this Agreement.
Your use of the Services may also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. For example, users who purchase a subscription for any of the Services online are subject to the Customer Subscription Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
Eligibility of use
To use Scoot’s Services, you agree that you have not been banned or restricted from using the Scoot App or any of its Services and you are the older of 16 years or the minimum age of local law which would allow Scoot to lawfully provide its Services to you without parental consent. This is inclusive of the use of personal information. Additionally, creating a profile on behalf of others or creating accounts with false information is strictly forbidden.
Registration
When registering an account for the Services, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Scoot immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. Scoot reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Scoot.
Registered Members may have portraits on the Services. Whether your portrait is private (default setting) or public is entirely up to you. You agree that you are responsible for activity on your portrait unless you contact Scoot and report fraud or close your account. You further agree that to help ensure the safety of your portrait, you will choose a strong password which you will not share with others. Additionally, you will not transfer any part of your account whether to another individual or to an entity.
Communication to you by Scoot
You agree that we may communicate with you within the Services, via push notifications (if enabled), via SMS text, via email or via other contact information you provide to Scoot. You agree that it is your responsibility to ensure your contact information is kept accurate, for instance your cell phone number or email address is changed if necessary in order for Scoot to keep you informed of material changes to this agreement and the Privacy Policy.
Content
You agree that you will only provide content, whether about yourself or others, that is truthful and you will not provide content that will violate the privacy of others or the intellectual property rights of any individual, company, organization, institution or entity. As used in this Agreement, “content” includes, without limitation any content, data, audio, video, photographs, images, works of authorship or other materials that are posted, provided or uploaded or otherwise made available to the Services by any user.
Scoot reserves the right to remove any content it deems, at its sole discretion, objectionable or harmful to another individual or the Scoot network.
Scoot reserves the right to reformat or translate any content on the platform.
You may close your account at any time by contacting feedback@scoot.app, however this exception will not result in any of your content being deleted if (1) the content was already accessed by a third party and (2) content retention is required for compliance or legal reasons.
Any feedback you give or communication you have with Scoot may be recorded and you agree that it may be shared with others without any consideration or compensation to you.
Service standards
You acknowledge that Scoot may change or discontinue any of its Services at any time and Scoot further does not guarantee the storage of your information. Scoot is not obligated, except to the extent required by law, to provide you with a copy of the content that you or others provide.
Bad actors
You agree that Scoot is not responsible for others’ content or information and Scoot is not always able to prevent bad actors within our Services. You acknowledge and agree that Scoot is not responsible for such bad actors, their actions or the results of their actions.
Third-party services
Scoot may contain links to third-party apps or sites. By connecting with Scoot, you are authorizing the use of such third-party apps or sites that Scoot has deemed necessary to provide its Services. These third-party apps and sites have their own legal terms and privacy policies and were chosen, in part, because their philosophy on Terms of Use and Privacy are similar to Scoot’s. Except to the limited extent it may be required by applicable law, Scoot is not responsible for these other sites and apps – use these other sites and apps at your own risk. Please see our Privacy Policy.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Google Play Store (the “App Store”). You acknowledge that the Agreement is between you and Scoot and not with the App Store. Scoot, not the App Store, is solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
Accessing and Downloading the Application from the Google Play Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Google Play Store:
Automatic renewal
Rights of use
Scoot reserves the right to limit, suspend or terminate your use of any of its Services, including the number of meetings you host or attend. Scoot reserves the right to restrict, suspend, or terminate your account entirely if Scoot believes that you may be in breach of this Agreement or any applicable law or are using the Services for ill-gain or with the objective or effect of causing harm to an individual or entity.
Intellectual property rights
Scoot reserves all of its intellectual property rights in the Services, logos, trademarks and content. Using the Scoot app or interacting with any of our Services or websites does not grant you any right of ownership to our content or intellectual property including but not limited to images, animation, badges or sounds.
Except with respect to user content, Scoot and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Any future release, update or other addition to the Services shall be subject to this Agreement. Scoot, its suppliers and service providers reserve all rights not granted in this Agreement.
Reporting claims of copyright infringement
Scoot takes claims of copyright infringement seriously. Scoot will respond to notices of alleged copyright infringement that comply with applicable law. If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on Scoot’s Services infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA (“DMCA Notice”). The DMCA Notice of claimed infringement must be a written communication provided to the designated agent of Scoot that includes the following information:
Our designated copyright agent to receive DMCA Notices is:
Daniel Lopez
5600 W Lovers Lane Suite 116, #158, Dallas, TX 75209
Phone: +1 (254) 329-2558
Email: feedback@scoot.app
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification procedures
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Recommendations
We will use the information and data that you and others provide, as well as information about your use of Scoot, to make recommendations for content and features that may be useful to you. Completing your profile and keeping it accurate and up-to-date, helps us to make these recommendations more relevant to you.
No warranty
TO THE EXTENT ALLOWED UNDER LAW, SCOOT AND ITS AFFILIATES (AND THOSE THAT Scoot WORKS WITH TO PROVIDE THE SCOOT SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of liability
TO THE FULL EXTENT PERMITTED BY LAW, SCOOT, AND THOSE THAT SCOOT WORKS WITH TO PROVIDE ITS SERVICES, SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF SCOOT AND THOSE THAT SCOOT WORKS WITH TO PROVIDE ITS SERVICES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE GREATER OF (A) the total Fees paid by you to for the services in the six (6) months prior to the event giving rise to the claim (B) US $100.
SCOOT ASSUMEs NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND SCOOT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SCOOT AND THOSE THAT SCOOT WORKS WITH TO PROVIDE ITS SERVICES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination
Both you and Scoot may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Governing law and dispute resolution
You and Scoot agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. You and Scoot both agree that all claims and disputes can be litigated only in the federal or state courts in Dallas County, Texas, USA and you and Scoot each agree to personal jurisdiction in those courts.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Scoot and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Scoot, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Scoot may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: 5600 W Lovers Lane Suite 116, #158, Dallas, TX 75209. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Scoot will pay them for you. In addition, Scoot will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Scoot. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND SCOOT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Scoot are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 5600 W Lovers Lane Suite 116, #158, Dallas, TX 75209, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Scoot username (if any), the email address you used to set up your Scoot account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Scoot.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Scoot makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Scoot at the following address: 5600 W Lovers Lane Suite 116, #158, Dallas, TX 75209.
Scoot Network Code of Conduct
Miscellaneous
Lack of effort to enforce any section of this Agreement is not a waiver of Scoot’s right to enforce such section. You may not assign or transfer this Contract (or your Registered User status) to anyone without Scoot’s express written consent. However, you agree that Scoot may assign this Contract to its affiliates or a party that acquires Scoot, Inc. without your consent. Except as set forth in the Dispute Resolution Section above: (i) each provision of this Agreement shall be considered separable and, (ii) to the extent that any provision of this Agreement is prohibited, this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under applicable law. Scoot shall not be deemed by any act or omission to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and signed by Scoot. This Agreement, together with any Supplemental Terms, is the only agreement between you and Scoot regarding the Services and supersedes all prior written or verbal agreements for the Services. You agree that, unless otherwise expressly set forth herein or in any Supplemental Terms, any legal notice must be provided to Scoot at our address at 5600 W Lovers Lane Suite 116, #158, Dallas, TX 75209.
Content issues
We provide a process in the smartphone apps and on the platform under a Registered Member’s profile where one may report content posted by other Registered Members. Alternatively, Non-registered Members may contact feedback@scoot.app to report violators of our Code of Conduct and bad actors.
Contact us
Scoot may be reached by contacting through the Help function within the Scoot apps or emailing support@scoot.app.
Changes to the Terms of this Agreement
From time to time, Scoot may be update this Individual User Terms of Use Agreement. If material changes are made to the Individual User Terms of Use Agreement, Scoot will provide due notice through its Services. If you object to any changes, you may contact Scoot at feedback@scoot.app and close your account. Your continued engagement in our services after notification serves as your acknowledgement of acceptance of any changes.
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