This Customer Agreement ("Agreement") is a binding agreement between SCAN BUD, LLC, a company registered at PO Box 222, Saline, Michigan 48176, United States ("Licensor," "We," or "Us") and the entity or organization subscribing to the SCAN BUD App ("Customer,""You"). This Agreement governs Your subscription to and use of the SCAN BUD App, including its mobile and web applications (collectively, the "Licensed Application"), for product delivery confirmation and tracking, integrating with systems like Metrc. By subscribing to or using the Licensed Application, You agree to be bound by this Agreement, the
Acceptable Use Policy (AUP) and
Privacy Policy.
1. Definitions
1.1. Customer:A licensed delivery company or entity subscribing to the Licensed Applicationon a per-vehicle basis, providing access to Authorized Users (e.g., drivers,schedulers, scanners).
1.2. Authorized User: An individual (e.g., employee) invited by You to use the Licensed Application under Yoursubscription, subject to the End User License Agreement (EULA).
1.3. Subscription: Your agreement topay for access to the Licensed Application, including two driver profiles pervehicle and unlimited scheduler and scanner profiles.
2. Subscription and License
2.1. LicenseGrant: We grant You a non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application for Your internal business purposes, subject to this Agreement. You may provide access to Authorized Users (up totwo driver profiles per vehicle and unlimited scheduler/scanner profiles) toperform functions like package ID scanning, route scheduling, manifestmanagement, and account settings.
2.2. Subscription Terms: Your subscription is based on the number of vehicles, as specified in Your order. Pricing and payment terms are provided at signup or via invoice. You are responsible for all fees during the subscription term.
2.3. Restrictions: You may not share, resell, or redistribute the Licensed Application to third parties without Our prior written consent, except to Authorized Users under Your subscription.
3. Customer Responsibilities
3.1. You are responsible for:
● Inviting and managing Authorized Users, including assigning roles (e.g., driver, scheduler,scanner) and controlling data permissions (e.g., Metrc manifests).
● Ensuring Authorized Users comply with the EULA and AUP.
● Obtaining necessary rights, permissions, or consents for data processing (e.g., signatures, driver names) in compliance with Michigan and federal regulations, including Michigan Marijuana Regulatory Agency (MRA) rules and Metrc API terms.
● Providing accurate Metrc credentials for integration.
● Resolving disputes with Authorized Users regarding data or app use.
3.2. You will indemnify Us against claims arising from Your or Your Authorized Users' misuse of the Licensed Application or non-compliance with applicable laws.
4. Maintenance and Support
4.1. We will provide maintenance and support for the Licensed Application, including updates and defect fixes, as described in the EULA (Section 6). Support is available via email(ScanBud.Info@gmail.com) or phone (734-316-6764).
4.2. Service Level Commitment: We target 99.5% uptime for the Licensed Application, excluding scheduled maintenance. If uptime falls below this for a sustained period (e.g., 24 continuous hours), You may request a service credit, subject to Section 5.
5. Refunds and Remedies
5.1. Defect Remedies: If the Licensed Application fails to function as described in the user documentation due to a defect, We will endeavor to fix the defect or provide a substitute, as the primary remedy.
5.2. Service Credits: If a defect or downtime significantly impacts Your operations (e.g., inability to scan packages or access manifests for 24 continuous hours), You may request a service credit proportional to the affected period, up to one month's subscription fee. Credits are applied to future invoices and are Your sole remedy for such issues.
5.3. No Refunds: Except as required by law, subscription fees are non-refundable. If You terminate early, You remain liable for fees for the remaining subscription term.
6. Data and Compliance
6.1. You control data submitted to theLicensed Application (e.g., manifests, signatures, route schedules). We process this data as a service provider, per the Privacy Policy.
6.2. You grant Us a non-exclusive, worldwide license to use, store, and process Your data (including Authorized User Contributions) to provide the Licensed Application, comply with Metrc/MRA requirements, and troubleshoot issues.
6.3. We reserve the right to retain data as required by the State of Michiganfor audits, including those conducted by the Michigan Marijuana RegulatoryAgency (MRA), in accordance with applicable laws and regulations.
6.4. You are responsible for ensuring data compliance with applicable laws, including MRA rules and Metrc API terms.
7. Term and Termination
7.1. Term: This Agreement begins on Your subscription start date and continues until terminated.
7.2. Your Termination Rights: You may terminate by providing thirty (30) days' written notice, subject to payment of remaining fees for the subscription term.
7.3. Our Termination Rights:
(a) For Cause. We may immediately suspend or terminate Your subscription and access to the Licensed Application without notice or liability if:
(i) You fail to pay any fees when due;
(ii) You or Your Authorized Users violate the AUP, EULA, or applicable laws(including MRA rules or Metrc API terms);
(iii) You engage in activities that harm the Licensed Application, other Customers, or Our reputation; or
(iv) Required by law or regulation (e.g., MRA directive).
(b) For Convenience. We may terminate this Agreement for any reason by providing thirty (30) days' written notice.
7.4. Effect of Termination: Upon termination: (a) access ends immediately; (b) You may export data (e.g., CSV, PDF files) within thirty (30) days, subject to regulatory requirements; (c) all outstanding fees remain due and payable; (d)Sections 3.2, 6, 8, 9, and 10 survive termination.
8. Liability
8.1. Our maximum aggregate liability toYou is limited to the subscription fees paid by You in the 12 months preceding the claim, except where prohibited by law.
8.2. We are not liable for indirect, consequential, or incidental damages,including lost profits or regulatory fines, except for intentional conduct or gross negligence.
9. Governing Law
This Agreement is governed by the laws of the State of Michigan, excluding conflict of law rules. Disputes shall be resolved in courts in Washtenaw County, Michigan.
10. Contact Information
For inquiries or issues, contact:
SCAN BUD, LLC
Customer Service
PO Box 222, Saline, MI 48176
Email: ScanBud.Info@gmail.com
Phone: (734) 316-6764
11. Miscellaneous
11.1. Entire Agreement: This Agreement, the EULA, AUP, and Privacy Policy constitute the entire understanding between You and Us.
11.2. Assignment: You may not assign this Agreement without Our consent. We may assign it to an affiliate or in a merger/sale.
11.3. Severability: Invalid provisions will be replaced with valid ones that achieve the original purpose.
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