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TERMS AND CONDITIONS

Last updated: July 20, 2022.

Please review these Terms of Use carefully.

SCUTI TERMS OF USE

Introduction

Welcome to the family of websites and applications provided by SCUTI.AI LLC (“SCUTI”). These Terms of Use govern your access to and use of all SCUTI Sites.By using the SCUTI Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the SCUTI Sites is unauthorized. Additional terms and conditions apply to some services offered on the SCUTI Sites (e.g., SCUTI Rewards). Those terms and conditions can be found where the relevant service is offered on the SCUTI Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS: In these Terms of Use:

  • When we say “SCUTI,” we mean SCUTI.AI LLC. We also refer to SCUTI as “we,” “us” and “our.” But when we say “SCUTI Entities,” we mean Scuti and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “SCUTI Sites,” we mean www.Scuti.store, www.scuti.games, the SCUTI Apps and SCUTI API, and all related functionality, services, and Content offered by or for SCUTI on or through www.Scuti.store and the SCUTI Apps or the systems, servers, and networks used to make the SCUTI Sites available.
  • When we say “SCUTI Apps,” we mean the official “SCUTI App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
  • When we say “you” or “your” we mean any user (like you!) of any SCUTI Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by SCUTI on the SCUTI Sites (and any updates by SCUTI to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the SCUTI Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the SCUTI Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the SCUTI Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that SCUTI Entities make available on or through the SCUTI Sites.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SCUTI ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on SCUTI’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the SCUTI Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the SCUTI Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

Your Use of the SCUTI Sites

You certify that the Content you provide on or through the SCUTI Sites is accurate and that the information you provide on or through the SCUTI Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. SCUTI is not responsible for any losses arising out of the unauthorized use of your account. You agree that SCUTI does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the SCUTI Sites. You agree that SCUTI is not a party to any such agreement, nor is SCUTI responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the SCUTI Sites or any portion of the SCUTI Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the SCUTI Sites or any portion of the SCUTI Sites.

  • In connection with the SCUTISites, you will not:
  • Make available any Content through or in connection with the SCUTI Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    • Make available through or in connection with the SCUTI Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the SCUTI Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the SCUTI Sites.
    • Interfere with or disrupt the operation of the SCUTI Sites or the systems, servers, or networks used to make the SCUTI Sites available, including by hacking or defacing any portion of the SCUTISites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the SCUTI Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the SCUTI Sites except as expressly authorized in these Terms of Use, without SCUTI’s express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the SCUTI Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the SCUTI Sites.
    • Frame or mirror any portion of the SCUTI Sites, or otherwise incorporate any portion of the SCUTI Sites into any product or service, unless you obtain SCUTI’s express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the SCUTI Sites, without SCUTI’s express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the SCUTI Sites or SCUTI’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a SCUTI trademark, logo, URL, or product name without SCUTI’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
Content and Ideas
  1. Submitting Content and Ideas

    SCUTI provides functionality that enables users to make available Content and Ideas in connection with the SCUTI Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any SCUTI Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

  2. SCUTI’s Rights to Use Content and Ideas

    You grant to SCUTI a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that SCUTI is free to use any Ideas for any purpose. SCUTI may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. SCUTI is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to SCUTI the right to use any name associated with any Content or Idea that you make available to SCUTI although SCUTI has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

  3. Prohibited Content

    You agree that you will not make available Content in connection with theSCUTI Sites that:

    • is false, fraudulent, inaccurate, or misleading;
    • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
    • violates any local, state, federal, or international laws or is otherwise tortious;
    • is protected by or would infringe on the rights of others (including SCUTI), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
    • is obscene, indecent, pornographic, or otherwise objectionable;
    • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SCUTI in its sole discretion;
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
    • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
    • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from SCUTI;
    • contains or relates to chain letters or pyramid schemes;
    • impersonates another business, person, or entity, including SCUTI, its related entities, employees, and agents;
    • violates any policy posted on the SCUTI Sites; or
    • is intended to cause harm, damage, disable, or otherwise interfere with the SCUTI Sites or our partners.
Monitoring by SCUTI

SCUTI will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the SCUTI Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by SCUTI from time to time. SCUTI will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the SCUTI Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify SCUTI for all claims resulting from any Content you make available.

Materials Available on the SCUTI Sites

SCUTI and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The SCUTI Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the SCUTI Sites, we would appreciate it if you let us know by contacting us at support@scuti.store. (Your feedback is a big part of what helps SCUTI to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE SCUTI ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

SCUTI has no liability to you for content on the SCUTI Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

SCUTI is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any SCUTI Entity, Marketplace Vendor (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on SCUTI Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with SCUTI’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

Third Party Sites

References on SCUTI Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. SCUTI is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the SCUTI Sites operate or otherwise interact, nor is SCUTI responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

Placing an Order
  1. Order Acceptance and Billing

    You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your SCUTI account, including on SCUTI affiliated sites and properties which you access via your SCUTI account credentials. SCUTI participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. SCUTI may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

    By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

    SCUTI reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. SCUTI also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from SCUTI for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

  2. Pricing Information; Availability

    SCUTI cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the SCUTI Sites or through Marketplace Vendors. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. SCUTI reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from SCUTI. SCUTI may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the SCUTI Sites or from prices available in SCUTI stores or on SCUTI Apps.

  3. Promotional Codes

    Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

  4. Gift Cards

    The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards.

Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the SCUTI Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the SCUTI Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Some Products may be available for pick up at physical Vendor store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. SCUTI does not ship products itself. All products purchased are shipped direct from the Vendor.

Export Policy

You acknowledge that (a) goods licensed or sold on the SCUTI Sites, and (b) any software or technology purchased, downloaded, or used from the SCUTI Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

Intellectual Property

The SCUTI Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to SCUTI, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by SCUTI to use the SCUTI Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by SCUTI to use the SCUTI Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the SCUTI Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the SCUTI Apps and remove (that is, uninstall and delete) the SCUTI Apps from your mobile device.

No license, right, title, or interest in the SCUTI Sites or any Materials is transferred to you as a result of your use of the SCUTI Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the SCUTI Sites. The SCUTI Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the SCUTI Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the SCUTI Sites and Materials is the exclusive property of SCUTI and is also protected by U.S. and international copyright laws.

The SCUTI name and logo, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the SCUTI Sites are trademarks or trade dress of SCUTI in the U.S. and other countries. All other marks are the property of their respective companies.

Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the SCUTI Sites in a way that constitutes copyright infringement, please contact us at support@scuti.store.

Privacy

You acknowledge that any personal information that you provide through the SCUTI Sites will be used by SCUTI in accordance with SCUTI’s Privacy Policy, which may be updated by SCUTI from time to time. Any item purchased from a Marketplace Vendor or Vendor, SCUTI may share certain information with that Marketplace Vendor or vendor to permit the Marketplace Vendor or vendor, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to SCUTI and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the SCUTI Privacy Policy for how SCUTI treats your data.

Third-Party Software & Licensing Notices

The SCUTI Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties.

Parity Pricing, Special Offers and Promotions

SCUTI requires that all Marketplace Vendors maintain parity between the Products they offer through any other online sales channel and the Products offered on the SCUTI Site and Applications and Applications by ensuring that at all times: (a) except for in connection with Excluded Offers, the purchase price and every other term of offer and/or sale of the Products (including associated shipping and handling charges and options, any “low price” guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable return and refund policies) is at least as favorable to SCUTI users as the most favorable terms upon which a product is offered and/or sold via any other online sales channel; (b) customer service for the Products is at least as responsive and available and offers at least the same level of support as the most favorable customer service offered in connection with the Vendor Site; and (c) the Vendor Product Content provided by them to SCUTI for the SCUTI Site and Application (i) is of least the same level of quality as the highest quality information displayed or used on the Vendor Site or any other online sales channel for Vendor’s Products and (ii) provides users of the SCUTI Site and Application with at least as much product information, images and other content as the information provided on the Vendor Site or any other online sales channel for Vendor’s Products. If you become aware of any non-compliance with (a) above, you can promptly notify SCUTI.

(b) Special Offers and Promotions. Marketplace Vendors may offer special offers, rewards and promotions to SCUTI users. All vendors selling any products or service to SCUTI customers, must offer users a rewards incentive for the purchase of their product or service. This reward will in the form of a percentage of the gross retail price. The amount of the reward will be the discretion of the Vendor. Rewards will be communicated to SCUTI customer as SCUTI$. Marketplace Vendors can also make other non-Rewards special offers and promotions available to SCUTI Customers. SCUTI may choose, in its sole discretion, not to permit certain special offers or promotions offered by Marketplace Vendors on the SCUTI Site and Applications and Applications at SCUTIs sole discretion.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the SCUTI Sites may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

Terms Applicable to Special SCUTI Services
  1. SCUTI Marketplace

    SCUTI operates an online marketplace program on the SCUTI Sites which enables Marketplace Vendors to sell their products and, once an order is placed, to ship such Marketplace Vendors’ products directly to the customer (the “SCUTI Marketplace”). SCUTI is the seller of record and will provide services in connection with the transactions as expressly set forth below.

    Any use of the SCUTI Marketplace is subject to the following additional terms:

    • When we say “Marketplace Vendor,” we mean any entity or retailer that sells goods or services in the SCUTI Marketplace through the SCUTI Sites, uses any order processing, fulfillment, shipping, or other services related to the SCUTI Marketplace provided by or for SCUTI, or uses any platform, portal, web service, application, interface, or other tool provided by or for SCUTI in connection with the SCUTI Marketplace.
    • By purchasing a product from any of our Marketplace Vendors, you acknowledge that all SCUTI Marketplace orders will be fulfilled by the third party Marketplace Vendor and not SCUTI. The Marketplace Vendor (and not SCUTI) will be responsible for all processing, shipping, returns, and customer service related to your SCUTI Marketplace order. Products purchased from a Marketplace Vendor can only be returned to that Marketplace Vendor in accordance with its return policy and cannot be returned to SCUTI stores or SCUTI. Each Marketplace Vendor’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Vendor’s Seller Information page. For other terms that apply to SCUTI Marketplace, including important notices and disclosures, see About Marketplace.
    • SCUTI will have no responsibility or liability for any recalls of Products sold through the SCUTI Site and Applications. Marketplace Vendors are solely responsible for any non-conformity or defect in, or any public or private recall of Vendor’s Products. Marketplace vendors are obliged to promptly remove any recalled Products from the SCUTI Site and Applications and Applications by unpublishing or retiring the Product through the SCUTI Dashboard. They must notify SCUTI of all Product recalls within 24 hours of becoming aware of the recall and will promptly provide SCUTI with all information reasonably requested regarding the recall. Such information will be passed on to purchases of these products promptly.
    • To the fullest extent provided by applicable law, SCUTI has no responsibility or liability for any Marketplace Vendor or their products.
  2. iOS Scuti App

    In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the SCUTI App compatible with the iOS operating system of Apple Inc. (“Apple”):

    • Apple is not a party to these Terms of Use and does not own and is not responsible for any SCUTI App. Apple is not providing any warranty for the SCUTI App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the SCUTI App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the SCUTI App, including any third-party product liability claims, claims that the SCUTI App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the SCUTI App, including those pertaining to intellectual property rights, must be directed to SCUTI in accordance with the “How to Contact Us” section.
    • The license you have been granted in these Terms of Use is limited to a non-transferable license to use the SCUTI App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the SCUTI App, such as your wireless data service agreement.
    • You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, SCUTI’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.
  3. Orders
    • Once you have placed an order through SCUTI, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
    • All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
    • Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
    • We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the SCUTI Contact Center at contact@scuti.store.
    • We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
    • Notwithstanding the foregoing, all refunds will be subject to our discretion.
  4. Accounts
    • Rewards. From time to time, you may be offered SCUTI$ rewards, which allow you to redeem or exchange these rewards for in-game credits to registered video games in the SCUTI Marketplace. Such rewards are intended for your use only and are not to be sold by you and may be governed by rules that are separate from these Terms. We reserve the right to restrict access to rewards redemptions in the event of a violation of these Terms of Use and to modify, terminate, or otherwise amend our credits and promotional offerings.
    • Cancellations and Refunds. You may cancel your SCUTI account at any time by contacting customer support at support at support@scuti.store. Any remaining SCUTI$ rewards balance in your account will be terminated at that time unless you gift or transfer your SCUTI$ to another registered SCUTI account. Once your account has been closed, you will need to register as a new user.
    • Account Access. If you believe that you may be victim of identity theft involving your SCUTI account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. We reserve the right to place any account on hold at any time with or without notification to you in order to protect ourselves and our partners from what we believe to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of us or by any automated process.
    • Account Terminations. If your SCUTI account is terminated for any reason, your credit card will be removed from SCUTI. We have no obligation to refund any accrued as SCUTI$ rewards.
    • Information or Complaints. If you have a question or complaint regarding your account, please send an e-mail to support@scuti.store. You may also contact us by writing to SCUTI.AI LLC., 7750 Okeechobee Blvd, Ste 4 PMB 2057, West Palm Beach, FL 33411. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
    • Age Restrictions; Parental Controls. While SCUTI does distribute our vendor’s video content that may be watched by children, not all SCUTI Content is appropriate for children. If any children watch SCUTI Content through your SCUTI account, you are responsible for those viewing selections. SCUTI vendors must display the respective Motion Picture Association of America and ESRB rating on all their content.
  5. Mobile Device Communications
    • By creating a new SCUTI account with a phone number or adding a phone number to an existing SCUTI account, you consent to receiving communications, which may include phone calls or SMS messages, from us regarding your SCUTI account and SCUTI Vendor offerings. You agree that you are the primary owner of that phone number and that the information provided is accurate. Standard message and data rates may apply. Messages will be sent from an automatic telephone dialing system and messages may include an artificial or pre-recorded voice. Your agreement to receive those messages is not a condition of purchase or required to receive services.
    • You may opt out of receiving SMS and telephone communications from us regarding SCUTI at any time by texting the word ‘STOP’ to the number your receive the SCUTI text from, and we will send you a single SMS text message indicating that you will no longer receive any SMS or telephone communication from us regarding SCUTI. For additional help, you can text ‘HELP’ to the same number or email customer support at support@scuti.store. For information about email communications and preferences, refer to the Privacy Policy.
    • Supported carriers currently include: ACS Wireless, AIO Wireless, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. SMS communications may not be compatible with all handsets.
Disclaimer of Warranties

THE SCUTI SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCUTI SITES, ARE PROVIDED BY SCUTI ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO SCUTI ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SCUTI SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCUTI SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SCUTI ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE SCUTI ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SCUTI SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SCUTI SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY SCUTI TO YOU THROUGH THE SCUTI SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SCUTI SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SCUTI SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO SCUTI ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SCUTI SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SCUTI WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SCUTI SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SCUTI ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SCUTI ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SCUTI SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SCUTI ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE VENDOR), SHOPPER, OR OTHER USER OF THE SCUTI SITES.

Indemnification

You agree to defend (at SCUTI’s option), indemnify, and hold the SCUTI Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the SCUTI Sites or any breach by you of these Terms of Use. SCUTI reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with SCUTI if and as requested by SCUTI in the defense and settlement of such matter.

Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the SCUTI Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and SCUTI will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SCUTI, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SCUTI AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

Termination

These Terms of Use are effective unless and until terminated by either you or SCUTI. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the SCUTI Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the SCUTI Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or SCUTI, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the SCUTI Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the SCUTI Sites,” “Content and Ideas,” “Monitoring by SCUTI,” “Materials Available on the SCUTI Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with SCUTI,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

General

These Terms of Use represent the complete agreement and understanding between you and SCUTI and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and SCUTI. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of SCUTI to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit SCUTI’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the SCUTI Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site

How to Contact Us

If you have any questions or comments, please contact us at contact@scuti.store or by mail at the following address: Scuti; Attention Customer Support, 7750 Okeechobee Blvd, Ste 4 PMB 2057, West Palm Beach, FL 33411.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

SCUTI Sites: © 2023 SCUTI.AI LLC All Rights Reserved.

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