ScanForFacts General Terms and Conditions

1. Introduction and Acceptance of Terms

    1. scanforfacts.io (the “Platform”) is a service provided by Enowise P.C. (“Enowise,” “we,” “us,” or “our”).
    2. These Terms and Conditions (“Terms”) govern your access to and use of the Platform, including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user. Please read these Terms carefully before using the Platform.
    3. By accessing, browsing, or using the Platform, you accept and agree to be bound and abide by these Terms, including any additional guidelines, policies, or disclaimers that may be posted from time to time. If you do not agree to these Terms, you must not access or use the Platform.
    4. If you are using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and by accepting these Terms, you are doing so on behalf of that entity (and all references to “you” in these Terms refer to that entity).
    5. We may update or revise these Terms at our sole discretion. Any changes will be effective immediately upon posting the revised version on the Platform. Your continued use of the Platform after the effective date of such changes will constitute your acceptance of and agreement to the modified Terms.
    6. If you have any questions regarding these Terms or the Platform, please contact us at info@enowise.io.

2. Definitions and Legal References

  1. “Platform” refers to the scanforfacts.io online service provided by Enowise P.C., which allows users to create e-labels, generate QR codes, and access various features related to digital labels for wines and other beverages.
  2. “Enowise” or “we” or “us” or “our” refers to Enowise P.C., the company that owns and operates the ScanForFacts Platform.

    Enowise Identification Data:
    Company name: Enowise P.C.
    Distinctive Title: Enowise
    TIN Number: 802092030
    Company Address: Paraschou 24, 11473, Athens, Greece
    Email: info@enowise.io
    Website: https://enowise.io
  3. “User” or “you” or “your” refers to any individual, company, organization, or other legal entity that accesses or uses the Platform.
  4. “Content” refers to any information, text, graphics, images, audio, video, or other materials made available through the Platform, including user-generated content and e-labels.
  5. “E-label” refers to the electronic label generated by the User strictly based on the User Content provided through the Platform, which includes information about a wine product and is translated into various languages.
  6. “Nutrition Declaration” refers to the elements provided by the User as part of the User Content with a view to enabling the platform to determine the average nutritional values per 100ml of serving size of the relevant wine for which an E-label is requested.
  7. “QR code” refers to the Quick Response Code created by the Platform, which allows consumers to access the e-label and additional information about a wine product by scanning the code with a compatible device.
  8. “Subscription” refers to the paid plan selected by a User, which grants access to specific features and services on the Platform, based on the terms and conditions of the chosen subscription.
  9. “Intellectual Property Rights” refers to any and all proprietary rights, including but not limited to, copyrights, trademarks, patents, trade secrets, and any other intellectual property rights recognized by the applicable law.
  10. “Third-Party Services” refers to any services, content, or features provided by third parties that may be accessible through or integrated with the Platform.
  11. “Wine Database” refers to the processed by us list of wines and their characteristics based on the data uploaded onto the Platform by each user in the form of User Content.
  12. “Governing Law” refers to the laws of Greece, which are applicable to these Terms and the Platform’s operation.

3. User Eligibility, Accounts, and Conduct

  1. User Eligibility: The Platform is intended for use by individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By accessing or using the Platform, you represent and warrant that you meet the eligibility requirements. If you do not meet these requirements, you must not access or use the Platform.
  2. Account Registration: To access certain features and services on the Platform, including creating e-labels and generating QR codes, you must register for an account. When registering for an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to promptly update your account information to ensure it remains accurate, current, and complete.
  3. Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Enowise will not be liable for any loss or damage arising from your failure to comply with these security obligations.
  4. Account Conduct: You agree to use the Platform in a manner consistent with any and all applicable laws, rules, and regulations.
  5. You also agree not to:
    1. Engage in any activity that infringes or violates the rights of others, including Intellectual Property Rights.
    2. Use the Platform for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity.
    3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
    4. Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
    5. Interfere with or disrupt the operation of the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
    6. Attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

Enowise reserves the right, in its sole discretion, to terminate your access to the Platform and your account, with or without notice, for any reason, including but not limited to, violation of these Terms.

4. Subscription Plans, Fees, Payment, and Refunds

    1. Subscription Plans: The Platform offers various subscription plans that grant access to specific features and services based on the chosen plan. The details of each subscription plan, including the number of e-labels you can create, and any additional features, are described on the Platform. Enowise reserves the right to modify, add, or remove subscription plans at any time.
    2. Fees: By selecting a subscription plan, you agree to pay the fees associated with that plan, as indicated on the Platform. All fees are non-refundable, except as expressly provided in these Terms or required by applicable law. Enowise may change the fees for any subscription plan, with or without notice, and such changes will apply to any subsequent billing periods.
    3. Payment: Payments for subscription plans must be made online via credit/debit card. By providing a credit/debit card for payment, you represent and warrant that you are authorized to use that card and that you authorize us to charge the card for the applicable fees. You must ensure that your payment information is accurate, current, and complete. Enowise is not responsible for any fees or charges imposed by your bank or credit/debit card issuer.
    4. Renewals: Unless otherwise specified in your subscription plan, your subscription will automatically renew at the end of each billing period for a period of time equal to that of your initial subscription plan (the “Renewal Term”), and you authorize us to charge your credit/debit card for the applicable fees. You may cancel the automatic renewal of your subscription at any time but prior to the start of the Renewal Term by contacting us or by adjusting your account settings, if available.
    5. Refunds: All fees paid for subscription plans are non-refundable, except in cases where Enowise, in its sole discretion, determines that a refund is warranted due to exceptional circumstances. Refund requests must be submitted in writing to us at the email address provided in the “Contact Information” section of these Terms, and Enowise will review each request on a case-by-case basis. Enowise is under no obligation to grant refunds and any decision to provide a refund is at Enowise’s sole discretion.
    6. Taxes: You are responsible for any taxes, duties, or other governmental charges related to your use of the Platform and the subscription fees, excluding taxes based on Enowise’s net income. If applicable, taxes will be calculated and added to your subscription fees during the payment process.

5. User Content and Intellectual Property

    1. User Content: The Platform allows users to submit images, text, and other content (collectively, “User Content”) in connection with creating e-labels and using other Platform features. You are solely responsible for any User Content you submit, and you represent and warrant that you have all necessary rights and permissions to submit and use such User Content on the Platform.
    2. Intellectual Property Rights: By submitting User Content to the Platform, you grant Enowise a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and Enowise’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels, subject to applicable privacy and data protection laws. You also hereby grant each user of the Platform a non-exclusive license to access your User Content through the Platform including but not limited to through access to the Wine Database, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Platform and under these Terms, irrespective of termination of services in accordance with these Terms.
    3. User Content Representations and Warranties: You represent and warrant that:
      1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
      2. All of your User Content does and will comply with these Terms.
      3. Your User Content does not infringe, misappropriate or violate any third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
      4. The User Content, including but not limited to the content provided in relation to the formation of the Nutrition Declaration, is accurate, true and not misleading.
    2. User Content Disclaimer: Enowise is not responsible for, and does not endorse, any User Content submitted to the Platform. We have the right, but not the obligation, to review, monitor, or remove any User Content at our sole discretion and for any reason, without notice to you.
    3. Intellectual Property Rights of Enowise: The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Enowise, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as permitted by these Terms or with the prior written consent of Enowise.

6. Disclaimers and Warranties

    1. THE PLATFORM, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ENOWISE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    2. ENOWISE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, PRODUCT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ENOWISE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    3. ENOWISE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR THE RESULTS OF THE NUTRITION DECLARATION OR INGREDIENTS LIST IN CASE THE USER CONTENT PROVIDED BY YOU IS FALSE, MISLEADING OR INACCURATE.
    4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ENOWISE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR CONDITION AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
    5. You acknowledge and agree that your use of the Platform, including any information or content obtained through the Platform, is at your own risk. You are solely responsible for any damage to your computer system, mobile device, or other equipment, or for any loss of data that may result from your use of the Platform. Enowise does not guarantee the accuracy, completeness, or usefulness of any content provided on the Platform, and you agree to evaluate and rely on such content at your own risk.

7. Limitation of Liability

    1. IN NO EVENT SHALL ENOWISE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENOWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENOWISE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE APPLICABLE SUBSCRIPTION PLAN DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EURO (€100), WHICHEVER IS LESS.
    3. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    4. You agree to indemnify and hold harmless Enowise, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

8. Termination of Service

  1. Termination by Enowise: Enowise reserves the right, in its sole discretion, to suspend or terminate your access to the Platform and your account, with or without notice, for any reason, including but not limited to:
    1. Breach of these Terms, including non-payment of fees or charges;
    2. Any suspected or actual fraudulent, abusive, or illegal activity;
    3. Any technical, security, or operational issues affecting the Platform;
    4. Extended periods of inactivity.
  2. Termination by User: You may terminate your account and cease using the Platform at any time, subject to any applicable terms and conditions of your subscription plan. To terminate your account, please contact our customer support or follow the instructions provided in your account settings, if available.
  3. Effect of Termination: Upon termination of your account, for any reason, all rights and licenses granted to you under these Terms will immediately cease, and you must discontinue all use of the Platform. Any fees paid by you prior to termination are non-refundable, except as expressly provided in these Terms or as required by applicable law.
  4. Continuation of Service: In case of termination in accordance with Clause 8.1 or 8.2, Enowise can redirect your e-labels’ hosting services to a third-party provider in exchange for a fee which will be set out in your relevant subscription plan.
  5. Survival: All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability.
  6. Right to Modify or Discontinue the Platform: Enowise reserves the right to modify, suspend, or discontinue the Platform, or any portion thereof, at any time, with or without notice, and without any liability to you or any third party.

9. Third-Party Services and Links

    1. The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Enowise, including but not limited to producers’ websites and certification providers. These links are provided for your convenience only and do not constitute an endorsement or approval by Enowise of any third-party products, services, or content.
    2. Enowise has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Enowise is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or services.
    3. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit. If you decide to access any third-party websites or services linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.
    4. You may not create a link to the Platform from another website or document without Enowise’s prior written consent. To request permission to link to the Platform, please contact us at the email address provided in the “Contact Information” section of these Terms.

10. Changes to the Terms and Conditions

      1. Enowise reserves the right, at its sole discretion, to modify, amend, or replace these Terms and Conditions at any time. We will notify you of any material changes by posting the updated Terms and Conditions on the Platform or by sending you an email or other notification. The date at the top of these Terms and Conditions will be updated to indicate when the most recent modifications were made.
      2. It is your responsibility to regularly review these Terms and Conditions to stay informed of any updates. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms and Conditions. If you do not agree to the changes, you must stop using the Platform and terminate your account in accordance with the “Termination of Service” section of these Terms.
      3. If any changes to these Terms and Conditions materially affect your rights or obligations, we will make reasonable efforts to notify you of such changes, including by posting a notice on the Platform or by sending you an email. If you continue to use the Platform after being notified of such changes, you are deemed to have accepted and agreed to the changes.
      4. We encourage you to periodically review these Terms and Conditions to stay informed of any updates.

11. Privacy Policy

      1. Enowise is committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. By using the Platform, you agree to the collection, use, storage, and disclosure of your personal information as described in our Privacy Policy, which is incorporated herein by reference.
      2. Our Privacy Policy sets out the types of personal information we collect, the purposes for which we use the information, the parties with whom we may share it, the security measures we take to safeguard your personal information, your rights regarding your personal information, and how to contact us with any questions or concerns you may have regarding our privacy practices.
      3. We reserve the right to update or modify our Privacy Policy at any time, and we will notify you of any material changes by posting the updated Privacy Policy on the Platform or by sending you an email or other notification. It is your responsibility to regularly review our Privacy Policy to stay informed of any updates. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Privacy Policy.
      4. If you have any questions or concerns about our Privacy Policy or the handling of your personal information, please contact us at the email address provided in the “Contact Information” section of these Terms.

12. Governing Law and Jurisdiction

    1. These Terms and Conditions, your use of the Platform, and any disputes arising out of or in connection with these Terms or the Platform shall be governed by and construed in accordance with the laws of Greece, without regard to its conflict of law provisions.
    2. You agree that any legal action or proceeding between you and Enowise relating to these Terms, the Platform, or any disputes arising out of or in connection with the same shall be brought exclusively in the competent courts located in Greece. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such action or proceeding.
    3. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the other provisions of these Terms shall remain in full force and effect.

13. Dispute Resolution

    1. If a dispute arises between you and Enowise in connection with your use of the Platform, these Terms and Conditions, or any related matters, you and Enowise agree to first attempt to resolve the dispute informally by contacting each other and discussing the issue in good faith. You may contact us at the email address provided in the “Contact Information” section of these Terms.
    2. If the dispute cannot be resolved informally within thirty (30) days from the date either party received notice of the dispute, you and Enowise agree to submit the dispute to binding arbitration under the rules of the Hellenic Chamber of Commerce and Industry or another recognized arbitration institution agreed upon by both parties. The arbitration shall be conducted in Athens, Greece, and the language of the arbitration shall be English.
    3. The arbitrator’s award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration, and the parties shall equally share the fees and expenses of the arbitrator, unless the arbitrator decides otherwise.
    4. Notwithstanding the foregoing, Enowise reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or proprietary rights, and you agree that, in such cases, the exclusive jurisdiction of such courts shall apply.
    5. You agree that any claim or dispute you may have against Enowise must be filed within one (1) year after the cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

14. Miscellaneous Provisions

    1. Entire Agreement: These Terms and Conditions, together with any additional terms, conditions, and policies referenced herein, including the Privacy Policy, constitute the entire agreement between you and Enowise concerning the Platform and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral, between the parties relating to the subject matter hereof.
    2. Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the other provisions of these Terms and Conditions shall remain in full force and effect.
    3. No Waiver: No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and Enowise’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
    4. Assignment: You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Enowise. Enowise may assign or transfer its rights and obligations under these Terms and Conditions, in whole or in part, to any third party at its sole discretion, without notice to you.
    5. Headings: The headings used in these Terms and Conditions are included for convenience only and shall not affect the interpretation or construction of these Terms.
    6. Force Majeure: Enowise shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
    7. Contact Information: If you have any questions, concerns, or notices about these Terms and Conditions or the Platform, please contact us at info@scanforfacts.io or the mailing address provided on our website.