Last updated: January 2025
This End-User License Agreement ("Agreement") is between you and Keitgen GmbH ("Keitgen", "we", "us", or "our") only, and not with Apple, Inc. ("Apple"). Keitgen, not Apple, is solely responsible for the DataScan application ("Licensed Application") and its content. By downloading, installing, accessing or using the Licensed Application, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Subject to your compliance with this Agreement, Keitgen grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
Under this license you may not:
Keitgen respects your privacy. We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. Please review our Privacy Policy available at https://datascan.app/privacy for information on how we collect, use and disclose information from our users.
DataScan requires an active subscription for use of the Licensed Application.
You are solely responsible for your use of the Licensed Application and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Licensed Application.
You agree not to use the Licensed Application to:
Keitgen is solely responsible for providing maintenance and support services for the Licensed Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Support can be reached at support@datascan.app.
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEITGEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEITGEN DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEITGEN, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION. IN NO EVENT SHALL KEITGEN'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
You acknowledge that Keitgen, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to:
You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Keitgen, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You may not use or export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on any U.S. Government list of prohibited or restricted parties. You represent and warrant that you are not located in any such country or on any such list.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application in your possession.
You agree to indemnify, defend, and hold harmless Keitgen and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to your use of the Licensed Application or violation of this Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
This Agreement shall be governed by and construed in accordance with the laws of Germany, excluding its conflicts of law rules. You consent to the exclusive jurisdiction of the courts located in Koblenz, Germany for any disputes arising out of or relating to this Agreement.
Keitgen reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Licensed Application after any revisions become effective, you agree to be bound by the revised terms.
Keitgen GmbH
Goldguldenweg 11This Agreement constitutes the entire agreement between you and Keitgen regarding the use of the Licensed Application and supersedes all prior and contemporaneous written or oral agreements between you and Keitgen. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will continue in full force and effect.