Terms of Service

Effective Date: October 26, 2026
Last Updated: October 26, 2026

Welcome to HamScan! These Terms of Service ("Terms") govern your access to and use of the HamScan mobile application, website, and related services (collectively, the "Service").

HamScan is operated by Donald Trynor and Alfarizy, based in New Brunswick, Canada (collectively, "HamScan," "we," "us," or "our"). By creating an account or accessing or using the Service, you agree to these Terms and acknowledge that you have been provided access to our Privacy Policy. If you do not agree, you must not use the Service.

1. Description of the Service

HamScan is an AI-powered equipment identification and information platform designed primarily for amateur radio enthusiasts. Depending on availability, features may include:

• Photograph-based AI equipment identification
• Equipment specifications and technical information
• Estimated market values for new and used equipment
• Links to manuals, manufacturer documentation, and other resources
• Information about equipment issues, modifications, and accessories
• Comparisons, recommendations, and equipment research
• Personal equipment collection management, including My Shack

Features may vary by app version, subscription, location, or development stage. We may add, modify, suspend, or discontinue features, subject to applicable law and obligations to paying subscribers.

2. Eligibility and User Accounts

You must be at least 18 years old and legally able to enter into these Terms to create an account or use HamScan. You agree to provide accurate registration information, protect your account credentials, and promptly report suspected unauthorized access.

You are responsible for activities through your account, except to the extent caused by our failure to maintain reasonable security. We may suspend or terminate accounts that violate these Terms or threaten the security or operation of the Service.

3. Artificial Intelligence and Information Accuracy

HamScan uses artificial intelligence, automated systems, databases, and third-party information. AI-generated information may be incomplete, inaccurate, outdated, or incorrect. HamScan may misidentify equipment or variants, provide incorrect specifications or compatibility information, or produce inaccurate modification advice or market estimates.

We do not guarantee the accuracy, completeness, reliability, or suitability of information provided. Independently verify information before purchasing, selling, operating, modifying, or repairing equipment. Do not rely on HamScan as your sole source for decisions involving money, equipment safety, personal injury, or regulatory compliance.

4. Equipment Valuations and Market Estimates

HamScan may estimate equipment values using available market information, historical sales, equipment characteristics, and automated analysis. Estimates are informational only and are not professional appraisals, certified valuations, guaranteed prices, or purchase offers.

Actual values vary with condition, functionality, accessories, modifications, location, demand, age, rarity, and transaction timing. You are responsible for evaluating and negotiating transactions. HamScan does not guarantee a purchase or sale at any estimated value and is not responsible for resulting financial losses except where liability cannot legally be excluded.

5. Amateur Radio Regulations and Equipment Safety

HamScan does not provide regulatory certification, professional engineering advice, or authorization to transmit. You are responsible for applicable licensing, frequency privileges, transmitter power and emissions, equipment certification, RF exposure, electrical safety, and modification requirements.

Rules differ by jurisdiction. We do not guarantee that any equipment, modification, configuration, or operating procedure is legal or safe. Consult regulators and qualified professionals when appropriate.

6. User-Submitted Content, Photographs, and AI Model Improvement

HamScan may accept photographs, equipment details, comments, and other material ("User Content"). You retain ownership of your original User Content and grant HamScan a non-exclusive, worldwide, royalty-free licence to store, process, reproduce, and use it as reasonably necessary to provide, maintain, secure, and improve the Service, subject to applicable law and the privacy commitments below.

6.1 Equipment Identification

Photographs may be processed using AI and other automated systems, including third-party providers when needed. Where required, we will disclose third-party processing and obtain appropriate consent before transferring photographs or personal information.

6.2 Optional AI Model Improvement, Onboarding Consent, and De-identification

Only with your separate, affirmative authorization and subject to applicable privacy laws, HamScan may retain selected equipment photographs to develop, evaluate, train, and improve its equipment identification systems and AI models.

Retained photographs will undergo reasonable de-identification measures, which may include removing account associations and location metadata, obscuring visible identifiers where reasonably practicable, restricting access, and separating training images from identifiable account records.

De-identification does not guarantee complete anonymity. Visible callsigns, serial numbers, people, or other details may still identify someone. De-identified photographs that remain personal information will continue to receive applicable privacy protections.

AI model improvement authorization is optional and distinct from community-publication permission. Declining it does not prevent ordinary equipment identification.

During app onboarding, HamScan presents a dedicated AI-training consent screen, separate from your acceptance of these Terms and acknowledgement of the Privacy Policy.

You must actively choose "Yes, I agree" or "No, I decline"; neither option is preselected.

Accepting these Terms alone does not authorize retention or use of your photographs for AI model training. We record your choice, its timestamp, and the consent-notice version.

If you decline, we do not retain your identification photographs for our AI model training, and you may continue to use ordinary identification features.

You may withdraw authorization for future training uses through available app controls or by contacting us. We will stop future use and delete retained photographs still reasonably linkable to your account, subject to applicable law.

We may be unable to retrieve irreversibly anonymized photographs or remove their influence from AI models already trained on them. This authorization does not by itself permit third-party AI providers to train their own general-purpose models on your photographs.

6.3 Privacy and Community Sharing

Identification or internal model-improvement photographs will not automatically be published or shared with other HamScan users.

Community publication requires separate permission. HamScan will not sell user-submitted photographs as standalone photographic content.

6.4 User Responsibilities

You must have the rights and permissions needed to submit content. Do not upload material that violates intellectual property or privacy rights, is unlawful or abusive, or contains malicious code.

We may remove content violating these Terms.

6.5 Retention and Deletion

Identification photographs are deleted after processing unless separately authorized for model improvement or community contribution, subject to temporary technical copies and applicable third-party processing arrangements.

Photographs and personal information are otherwise retained and deleted under our Privacy Policy and applicable law.

Account-linked photographs and personal data will be deleted following a valid account deletion request, subject to lawful exceptions.

Irreversibly anonymized information that cannot reasonably identify or be linked to an individual may be retained for AI improvement, research, and statistics where permitted by law.

7. Third-Party Information and Intellectual Property

HamScan may display, reference, or link to third-party trademarks, manufacturer names, product photographs, specifications, manuals, reviews, articles, and websites.

Such materials remain the property of their respective owners. Reference does not imply affiliation, sponsorship, or endorsement.

We do not control external websites or guarantee their availability, accuracy, security, or privacy practices.

HamScan does not claim ownership of third-party intellectual property merely by referencing or linking to it. Rights holders may contact us about suspected infringement; we will review legitimate concerns and act as appropriate.

8. Acceptable Use

You agree to use HamScan lawfully. You must not:

• Access systems or accounts without authorization
• Interfere with security or operation
• Scrape or systematically extract information without authorization
• Reverse engineer or reproduce proprietary elements except where law permits
• Distribute malware or harmful content
• Impersonate others or infringe their rights
• Circumvent subscriptions, usage limits, or security controls

We may restrict or suspend access to address misuse.

9. Beta Testing and Pre-Release Features

HamScan may offer experimental, beta, or pre-release versions for testing.

Features may be incomplete or erroneous; identification and valuation may be unreliable; availability may be inconsistent; data may be reset or lost; features may change or disappear; and access may be limited.

Beta participants are encouraged to submit feedback. By voluntarily providing suggestions, bug reports, or ideas, you grant HamScan a non-exclusive, perpetual, worldwide, royalty-free right to use that feedback to develop, improve, and commercialize the Service without compensation or attribution.

This does not transfer unrelated underlying intellectual property.

Do not rely on beta features as your sole source of equipment identification, technical information, or valuation.

We will make reasonable efforts to protect beta systems and data but cannot guarantee uninterrupted service or preservation of all beta data.

10. Free and Paid Services

HamScan may offer free features, usage limits, optional paid subscriptions, and purchases.

Before purchase, we will disclose the price and currency, billing frequency, included benefits, applicable trial or introductory offers, renewal conditions, and cancellation procedures.

10.1 Subscription Billing

Where required, purchases through Apple App Store or Google Play use the applicable platform's billing system.

Subscriptions may renew automatically unless cancelled under the terms shown at purchase.

10.2 Cancellation

Users may cancel through the relevant app marketplace. Cancellation generally stops future renewals; paid access may continue through the current billing period, subject to applicable terms and law.

Deleting the app or HamScan account does not automatically cancel a subscription managed by Apple or Google. Cancel through the marketplace to avoid future charges.

10.3 Refunds

Refunds are handled under the applicable marketplace's policies and mandatory consumer protection law.

10.4 Changes to Paid Services

We may change pricing or features with legally required notice. Nothing in these Terms limits statutory consumer rights.

11. Intellectual Property Rights

Except for User Content and third-party materials, HamScan's software, designs, branding, databases, and other proprietary elements are owned by or licensed to its operators.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service under these Terms. No ownership transfers.

You may not reproduce, distribute, sell, sublicense, or commercially exploit proprietary elements without permission except as law permits.

12. Service Availability and Modifications

We aim to provide a reliable Service but do not guarantee uninterrupted, error-free operation.

Maintenance, technical problems, and third-party outages may affect availability.

We may modify, suspend, or discontinue features, with reasonable advance notice of material changes where practicable, subject to applicable law.

13. Disclaimer of Warranties

To the maximum extent permitted by law, HamScan is provided "as is" and "as available" without warranties or representations concerning accuracy, identification reliability, market estimates, fitness for purpose, availability, or freedom from defects.

Nothing excludes non-waivable warranties or consumer rights.

14. Limitation of Liability

To the maximum extent permitted by law, HamScan and its operators are not liable for indirect, incidental, special, consequential, or punitive damages arising from the Service, including losses from equipment transactions, inaccurate valuations, technical advice, damaged equipment, lost profits, corrupted data, or interruptions.

To the maximum extent permitted by law, aggregate liability arising from or related to the Service will not exceed the greater of:

1. Amounts paid to HamScan for the Service during the 12 months preceding the event giving rise to the claim; or
2. CAD $100.

These limits do not apply to liability that cannot legally be excluded or limited, including fraud, intentional misconduct, or other legally protected claims.

15. Indemnification

To the extent permitted by law, you agree to indemnify HamScan and its operators against third-party claims, damages, and reasonable expenses arising from unlawful use, infringement of third-party rights, User Content submitted in violation of these Terms, or material breach of these Terms.

This does not apply to claims arising from our own negligence, misconduct, or breach of law.

16. Privacy and Data Protection

Our handling of personal information is described in the HamScan Privacy Policy.

You acknowledge access to that policy. Where consent is legally required for specific processing, we will request it separately.

17. Account Termination and Data Deletion

You may stop using HamScan at any time.

Where account functionality is available, you may request permanent account deletion through the app or the account-deletion process on our website.

We may suspend or terminate access for material violations, security risks, unlawful activity, or discontinuation, subject to applicable law.

17.1 Account Deletion

Users may initiate deletion through in-app account settings and a website deletion process when those features are available.

During beta testing, until those processes are operational, users may request deletion by contacting our privacy address listed in the Privacy Policy.

We will not require support contact once self-service deletion is available, except where reasonable verification is needed.

Following a verified request, HamScan will delete the account and associated personal information, including profile details, saved equipment, scan history, account-linked photos, and other data no longer required, within a reasonable timeframe and subject to legal requirements.

17.2 Retention Exceptions

We may retain information as required or permitted for legal compliance, security, fraud prevention, dispute resolution, or enforcement.

Irreversibly anonymized information may be retained for research, statistics, or AI improvement; de-identified personal information remains protected by applicable privacy law.

17.3 Active Subscriptions

Cancel active Apple or Google subscriptions through the applicable marketplace to prevent future charges.

Account deletion is not conditional on waiting for a subscription to expire.

18. Changes to These Terms

We may update these Terms as the Service, law, or our operations change.

We will post the current version on our website and, where applicable, in the app, and update the date above.

We will provide reasonable notice of material changes and obtain renewed consent where legally required.

Continued use after revised Terms take effect constitutes acceptance where permitted by law.

19. Governing Law and Disputes

These Terms are governed by the laws of New Brunswick and applicable federal Canadian law, without regard to conflict-of-law principles.

Subject to mandatory consumer protections and jurisdictional rules, disputes will be heard in New Brunswick courts.

Nothing limits non-waivable legal rights.

20. General Provisions

If a provision is unenforceable, the rest remains effective. Failure to enforce a provision is not a waiver.

These Terms and any expressly applicable additional purchase or feature terms constitute the agreement concerning the Service.

You may not transfer your rights or obligations without consent.

We may transfer ours as part of a legitimate incorporation, reorganization, merger, acquisition, or sale of the Service, subject to applicable law and privacy obligations.

21. Contact Information

Questions about these Terms may be directed to: