TERMS OF SERVICE

1. General Provisions

1.1. These Terms of Service (the “ToS”) constitute the main and binding document governing the use of the ScanWOW website, API, interfaces, software components, and services available at https://scanwow.com/ (the “Website”, the “Service”). Asset licensing matters are governed by the separate document “License Terms and Conditions”.

1.2. The owner and operator of the Service is “HolyPoly” LLP (Limited Liability Partnership), duly incorporated under the laws of the Republic of Kazakhstan (the “Operator”, the “Company”, the “Partnership”).

1.3. These ToS are a “master / umbrella” agreement and apply to all Service Users regardless of the access type (free or paid).

1.4. Any use of the Service, including but not limited to:

— registration, logging into an account, using the Website functionality, or downloading Assets (including under free access),

shall be deemed a full and unconditional acceptance of these ToS and all documents incorporated herein by reference.

1.5. If the User does not agree with these ToS, the User must immediately cease using the Service.

2. Related Documents and Priority

2.1. This document forms part of the ScanWOW set of public terms and policies (the “Document Package”), which includes:

(i) these ToS (User Agreement);

(ii) Subscription Offer Agreement (offer for purchasing a subscription);

(iii) Subscription Prices and Terms. Rates;

(iv) License Terms and Conditions, including Appendices A1–A5;

(v) Privacy Policy;

(vi) Personal Data Collection and Processing Policy.

All documents in the Document Package apply together and constitute integral parts of a single agreement between the Operator and the User, even if the User does not sign them separately.

2.2. In the event of discrepancies, the following priority applies within the respective subject matter:

(a) IP / licensing / use of Assets → License Terms and Conditions, including Appendices A1–A5;

(b) rates / access parameters (including the presence/absence of quantitative limits and their values, speed/queue/priority, formats/resolutions/presets/export, early access, Extras, re-download) → Subscription Prices and Terms. Rates;

(d) personal data / confidentiality → Privacy Policy and Personal Data Collection and Processing Policy;

(e) other matters of Service use → these ToS, within their scope.

2.3. The Russian-language versions of the Document Package shall prevail. Any translations into other languages are provided solely for convenience and informational purposes. In case of any discrepancies, contradictions, or ambiguities between the Russian-language and any other language version of the same document within the Document Package, the Russian-language version shall prevail.

3. Terms and Definitions

3.1. Terms used in these ToS (including but not limited to: Asset, Selection, Download, Library, Re-download Window, Title ID, License Uplift, Seat) shall have the meanings set forth in the License Terms and Conditions, unless expressly stated otherwise in these ToS.

4. Registration and Account

4.1. To access the Service functionality, the User must create an account.

4.2. The User undertakes to:

- provide accurate and up-to-date information;

- timely update information;

- keep account credentials confidential.

4.3. All actions performed through the User’s account shall be deemed performed by the User.

4.4. Transfer of an account, account sharing, or bypassing technical restrictions is prohibited, unless expressly permitted by the applicable plan terms (e.g., UNLIM TEAMS).

5. Access to the Service: Free and Paid

5.1. The Operator may provide access to the Service on a paid or free basis.

5.2. Free access (FREE):

- is provided without charge;

- is not a subscription;

- does not form a paid services contract;

- is governed by these ToS and the applicable License Terms and Conditions.

5.3. Free access may be changed, restricted, or terminated by the Operator at its sole discretion without compensation or prior notice, provided that the User’s rights to Assets lawfully obtained in accordance with the license are preserved, except where the license is terminated/withdrawn due to a breach under the procedure established by the License Terms and Conditions.

6. Subscription and Paid Features

6.1. Paid access to the Service is provided under the Subscription Offer Agreement, which constitutes a public offer.

6.2. Payment for a subscription shall be deemed acceptance of the Subscription Offer Agreement and confirmation of the User’s consent to:

- these ToS;

- License Terms and Conditions, including Appendices A1–A5;

- Subscription Offer Agreement;

- “Subscription Prices and Terms. Rates”;

- Privacy Policy and Personal Data Collection and Processing Policy.

6.2.1. For the free access mode (FREE), acceptance of these ToS and those documents in the Document Package applicable to FREE (including “Subscription Prices and Terms. Rates”) is performed pursuant to Clause 1.4 of these ToS — by registration and/or other use of the Service without making payment.

6.3. Rate terms, limits, quotas, re-download rules, exclusive content, and other access parameters are defined by “Subscription Prices and Terms. Rates”.

7. Assets and License

7.1. All Assets available in the Service are intellectual property and are not transferred into the User’s ownership.

7.2. Use of Assets is permitted only within the scope of rights granted by the License Terms and Conditions and the applicable license appendices (A1–A5).

7.3. Lack of payment does not expand the scope of the User’s rights and does not relieve the User from complying with license restrictions.

8. Prohibited Actions

8.1. The User is prohibited from, including but not limited to:

(a) automated access (bots, scripts) to the Service;

(b) automated/scripted extraction of content (scraping/extraction), creating offline copies of the catalog (warehousing), bypassing queues/speed/priority restrictions and other technical restrictions, as well as actions aimed at bypassing the accounting of Extras or other rate parameters;

(c) bypassing or attempting to bypass technical restrictions and fair use mechanisms (including queues, throttling, parallelism limits, early access restrictions, presets/formats/resolution restrictions, and bypassing Extras accounting);

(d) account sharing or account transfer;

(e) interfering with the operation of the Service.

8.2. It is prohibited to use Assets in breach of the License Terms and Conditions, including, inter alia: use for artificial intelligence (AI/ML) purposes, resale, warehousing, transfer to third parties outside permitted scenarios, as well as using the Service and/or Assets to compete with ScanWOW. This list is not exhaustive.

9. Monitoring and Enforcement Measures

9.1. The Operator may monitor the use of the Service for the purpose of detecting violations and abuse.

The Operator may also apply technical load and fair use controls (including speed limitation, queuing, prioritization, and limiting the parallelism of preparation/download jobs) to ensure stability, security, and prevention of abuse; such measures may be applied regardless of whether a quantitative limit applies under the User’s rate.

9.2. If violations are detected, the Operator may:

- temporarily limit functionality;

- suspend access;

- block the account;

- revoke the right to select and download Assets.

In addition, in the cases and manner provided by the License Terms and Conditions, the Operator may terminate (withdraw) the license; in such case, access and functionality measures may be applied under these ToS and/or the Subscription Offer Agreement.

9.3. The Website may apply technical load regulation (including throttling, queues, prioritization, limiting the parallelism of preparation tasks) to ensure stability, security, and fair use, including where abuse is suspected. Such measures do not change license rights to Assets already lawfully acquired, unless otherwise caused by termination/withdrawal of the license for a material breach.

9.4. The measures described above are not penalties and are implemented under the procedure established by the License Terms and Conditions and the Subscription Offer Agreement.

9.5. The application of such measures shall not limit the Operator’s right to claim damages caused by the breach under applicable law.

10. Personal Data

10.1. Personal data processing is carried out in accordance with the Privacy Policy and the Personal Data Collection and Processing Policy.

10.2. Using the Service means the User’s consent to such processing.

11. Limitation of Liability

11.1. The Service and Assets are provided “as is”, unless otherwise provided in the License Terms and Conditions.

11.2. Liability limitations and indemnification obligations are determined by the License Terms and Conditions and depend on the license type and the access plan/rate.

12. Governing Law and Disputes

12.1. These ToS are governed by the laws of the Republic of Kazakhstan.

12.2. All disputes shall be resolved in the courts of the Republic of Kazakhstan, subject to any pre-trial (claim) procedure and other settlement mechanisms, if such are established by the License Terms and Conditions and/or the Subscription Offer Agreement.

12.3. Prior to filing a claim with a court, a party shall submit a written claim to info@scanwow.com. The claim review period is fifteen (15) business days from the date the receipt is confirmed. If no settlement is reached, the dispute shall be resolved by the courts of the Republic of Kazakhstan, unless otherwise required by mandatory provisions of law.

13. Amendments to the ToS

13.1. The Operator may amend these ToS unilaterally.

13.2. The new version becomes effective upon publication on the Website. Amendments affecting subscription prices, rate parameters, quotas, and other paid access conditions shall apply in the manner and timeframes provided by the Subscription Offer Agreement and/or “Subscription Prices and Terms. Rates”.

13.3. Continued use of the Service constitutes the User’s acceptance of the amendments.

14. Final Provisions

14.1. These ToS, together with the related documents listed in Clause 2.1 above, constitute the complete and entire agreement between the User and the Operator with respect to the use of the Service.

14.2. The invalidity of any provision of the ToS shall not affect the validity of the remaining provisions.