These Terms of Service (the “Terms”) are a legal agreement between you and ScrapIQ LLC (“ScrapMax,” “we,” “us,” or “our”) governing your use of the ScrapMax mobile application, the ScrapMax website (including scrapiq.app), and related features, content, and support services (collectively, the “Services”).
Please read these Terms carefully. When ScrapMax presents these Terms to you, you agree to enter into a binding contract by affirmatively accepting them, such as by selecting an unchecked agreement control or clicking a button that clearly states that the action signifies agreement. After acceptance, all use of the Services is subject to these Terms. If you do not agree, do not create an account or use the Services.
1 Eligibility
You must be at least 18 years old, have reached the legal age of majority where you live, and be legally capable of entering into a binding agreement to use the Services. If you use the Services for a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.
The Services are intended for users in the United States. You may not use the Services where doing so would violate applicable law.
2 What ScrapMax Provides
ScrapMax provides tools that may help users:
- Photograph, upload, extract, review, and organize scrap yard price sheets or price boards;
- Match scrap yard terminology to material records;
- Create load estimates using materials, weights, quantities, and yard prices;
- Record sales, receipts, materials, weights, deductions, and payments;
- Review historical prices and payment records;
- Provide material-identification features where available and accept optional material-photo contributions to develop and improve identification systems; and
- Organize other scrap-recycling information.
Features may change, be added, or be removed over time. Some features may be identified as beta, preview, or experimental and may be less reliable than generally available features.
3 ScrapMax Is an Information and Recordkeeping Tool
ScrapMax is not a scrap yard, scrap dealer, buyer, seller, broker, marketplace, appraiser, scale operator, or representative of any scrap yard. ScrapMax does not control whether a yard accepts a material, how a yard identifies or grades it, the accuracy of a yard’s scale, the deductions a yard applies, or the amount a yard ultimately pays.
Information displayed through the Services is provided for general informational, planning, and recordkeeping purposes. ScrapMax does not provide financial, tax, accounting, legal, environmental, workplace-safety, transportation, or hazardous-material advice.
Records stored in ScrapMax are not official scale tickets, professionally prepared tax records, or substitutes for original transaction documents. You should retain original receipts, scale tickets, and other records needed for tax, accounting, warranty, ownership, or legal purposes.
You remain responsible for your own decisions, records, legal compliance, and transactions with scrap yards and other third parties.
4 Prices Estimates OCR and Automated Results
Scrap prices can change without notice and may vary by yard, location, material grade, preparation, quantity, market conditions, account status, and other factors. A price shown in ScrapMax may come from a user-uploaded price sheet, an image, a scrap yard, or another source. Unless ScrapMax expressly labels information as verified, you should treat it as unverified. Displaying a source or date does not guarantee that the information was accurate on that date or remains current.
All scrap-material prices, estimated payouts, load values, and other valuations displayed or calculated through ScrapMax are estimates for informational and planning purposes only. They are not binding quotes, offers, appraisals, guarantees, or promises of payment, even when a price or its source is labeled verified. Actual prices and payments are determined by the scrap yard and may differ. You must confirm current prices and transaction terms directly with the scrap yard before relying on them.
No price, transcription, estimate, or record in ScrapMax binds a scrap yard or changes the original price sheet, scale ticket, receipt, settlement statement, or terms of your transaction with the yard.
Historical prices and recorded payments reflect past information or transactions and do not guarantee current or future prices or payouts. Historical comparisons reflect past records available to the Services. A statement that one yard paid more or paid better does not necessarily compare equivalent transactions. Material grade, preparation, quantity, transaction date, deductions, account status, market conditions, OCR errors, and user-entry errors can affect the result.
Optical character recognition (“OCR”), automated matching, unit conversion, categorization, and other automated features can make mistakes. They may misread or omit a yard name, material, price, weight, quantity, unit, date, deduction, total, or other information.
Before relying on information in ScrapMax, you must review it, compare it with the original price sheet or receipt when available, confirm current terms directly with the scrap yard, and correct any errors you identify. You assume the financial and transactional risk of decisions based on unverified prices, estimates, comparisons, or automated results, except to the extent applicable law provides otherwise.
5 Accounts and Security
You must provide accurate account information and keep it current. You are responsible for:
- Protecting your device and account from unauthorized access;
- Activity you authorize through your account and activity resulting from your failure to use reasonable care to protect your device or authentication credentials;
- Promptly notifying us at contact@scrapmax.app if you suspect unauthorized access or a security incident; and
- Using only accounts and authentication credentials you are authorized to use.
You are not responsible for unauthorized activity caused by ScrapMax’s failure to use reasonable security measures.
You may not sell, transfer, rent, or share access to your account in a way that compromises its security or evades these Terms.
6 Your Content and Records
“User Content” means price sheets, price-board images, receipts, sale records, load records, material photos, contributions and accompanying information, notes, corrections, yard information, and other content or data you submit to the Services. Feedback is governed separately by Section 11.
Your ownership
As between you and ScrapMax, you retain any ownership rights you have in your User Content. These Terms do not transfer ownership of your User Content to ScrapMax.
Permission needed to operate the Services
You grant ScrapMax a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, display to you, analyze, and otherwise process your User Content only as reasonably necessary to:
- Operate, maintain, secure, troubleshoot, and support the Services;
- Perform the features you request, including material identification, OCR, matching, synchronization, export, and recordkeeping;
- Use corrections and approvals you provide to improve matching and extraction for your account and, where the Privacy Policy permits, improve the Services using aggregated or de-identified information;
- Prevent fraud, abuse, and security incidents;
- Comply with law and enforce these Terms.
This license allows ScrapMax to use service providers for those purposes and to display User Content as part of a sharing feature you knowingly choose to use. It ends when your User Content is deleted from our systems, except to the extent limited retention is permitted under the Privacy Policy, required by law, or necessary for security or dispute resolution.
ScrapMax may retain and use information derived from User Content after it has been aggregated or de-identified so that it can no longer reasonably be linked to you. This may include non-personal material terminology, yard terminology, extraction patterns, and correction trends used to provide or improve ScrapMax for you or other users. Calling information aggregated or de-identified does not permit ScrapMax to retain original images or identifiable transaction records indefinitely; those remain subject to the Privacy Policy.
Unless a sharing feature clearly states otherwise and you knowingly choose to use it, ScrapMax will not display your receipt images or identifiable personal sales records to other users or scrap yards. This does not prevent the use of properly aggregated or de-identified derived information described above.
Optional material photo contributions
ScrapMax may offer a separate, optional photo-contribution feature. Photos and accompanying labels, descriptions, or confirmation information that you knowingly submit through that feature are governed by the Photo Contribution Terms you separately accept. Those terms specify our permissions for machine-learning training and the treatment of contributions and previously trained models after removal or account deletion. Merely uploading a photo for identification or recordkeeping does not enroll it in the contribution program.
Contributions are User Content under these Terms. The acceptable-use requirements, safety provisions, warranty disclaimers, limitations of liability, indemnification provisions, and dispute provisions of these Terms apply to the contribution feature, subject to their stated limits and applicable law.
The Photo Contribution Terms control conflicts with this Section 6 concerning the contribution license or the treatment of contributions and previously trained models after removal or account deletion. The Privacy Policy continues to govern personal information. Neither the general content license nor permission to use aggregated or de-identified information expands the permitted uses of contributed photos beyond the Photo Contribution Terms or reduces the privacy protections described in the Privacy Policy.
Your responsibilities
You represent that you have the rights and permissions needed to submit User Content and allow ScrapMax to process it as described in these Terms and the Privacy Policy. You are responsible for the accuracy, legality, and content of what you submit. You may not upload another person’s receipt, identification document, financial information, confidential document, or other personal information unless you are authorized to do so and the upload is reasonably necessary for your lawful use of ScrapMax.
Do not upload unnecessary Social Security numbers, payment-card numbers, bank-account numbers, medical information, or other highly sensitive information. Redact unnecessary personal information from receipts and price sheets when practical.
7 Acceptable Use
You may use the Services only for lawful purposes. You may not use the Services to:
- Buy, sell, conceal, document, or facilitate transactions involving stolen property or material you are not legally authorized to possess or sell;
- Evade scrap-metal, recycling, environmental, tax, recordkeeping, identification, transportation, export, sanctions, or other legal requirements;
- Misrepresent a material, weight, source, ownership interest, receipt, price, payment, identity, or transaction;
- Upload content that infringes intellectual-property, privacy, publicity, confidentiality, or other rights;
- Upload malware or attempt to gain unauthorized access to the Services, another account, or connected systems;
- Scrape, crawl, probe, reverse engineer, or interfere with the Services, except to the limited extent such a restriction is prohibited by law;
- Circumvent access controls, usage limits, or security measures;
- Use automated means to access the Services without our written permission;
- Impersonate another person or falsely claim an affiliation with a scrap yard or ScrapMax;
- Harass, threaten, defraud, or harm another person; or
- Use the Services in a way that creates unreasonable risk, load, disruption, or liability for ScrapMax or others.
We may investigate suspected violations and cooperate with lawful requests from authorities. We may remove or restrict access to content we reasonably believe is unlawful, infringing, confidential, fraudulent, materially misleading, unsafe, or otherwise in violation of these Terms. ScrapMax does not undertake a general duty to monitor User Content.
8 Safety and Regulated Materials
Scrap handling can involve sharp objects, heavy loads, machinery, vehicles, electricity, batteries, pressurized containers, chemicals, refrigerants, asbestos, radioactive material, and other hazards. Material names, descriptions, images, matches, or preparation information in ScrapMax are not safety instructions and do not establish that an item is safe or legal to handle, transport, dismantle, or sell.
Do not handle, dismantle, transport, or sell any material based solely on ScrapMax. Follow applicable laws, manufacturer instructions, scrap yard rules, and guidance from qualified professionals. Use appropriate training and protective equipment.
9 Privacy
Our Privacy Policy explains how ScrapMax collects, uses, discloses, and retains information. By using the Services, you acknowledge the practices described in that policy. If these Terms conflict with the Privacy Policy about the handling of personal information, the Privacy Policy controls for that issue.
The Photo Contribution Terms govern the specific license for contributions and the treatment of contributions and previously trained models after removal or account deletion. They do not reduce the privacy protections we promise in the Privacy Policy.
10 ScrapMax Content and License
The Services—including ScrapMax’s software, design, text, graphics, logos, original database structure, selection and arrangement of content, and other original materials—are owned by ScrapMax or its licensors and are protected by intellectual-property and other laws. “ScrapMax Content” does not include User Content, third-party content or trademarks, or underlying facts such as yard names, addresses, and publicly available prices.
Subject to these Terms, ScrapMax grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable, revocable license to install and use the app and access the Services for their intended purposes. This license does not allow you to copy, sell, license, distribute, publicly display, create derivative works from, or commercially exploit the Services except with our written permission or where applicable law does not permit us to prohibit the activity.
No rights are granted except as expressly stated in these Terms. ScrapMax and its logos are trademarks of ScrapIQ LLC. Scrap yard names, logos, and other third-party marks belong to their respective owners and are used, when applicable, only to identify those parties or their information.
If you obtained the app through an app store or other marketplace, your license and purchase may also be subject to that marketplace’s terms. If you obtain the app through Apple’s App Store, Apple’s Standard End User License Agreement applies to your license to the app unless ScrapMax provides a valid custom license agreement through Apple. If an applicable marketplace agreement conflicts with these Terms concerning the download or license of the app, the marketplace agreement controls for that issue. These Terms continue to govern your ScrapMax account, User Content, and use of ScrapMax’s online Services.
11 Feedback
If you voluntarily send ideas, suggestions, or other feedback about ScrapMax, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation to you. This does not give us ownership of your User Content or permit us to publicly identify you without permission.
Feedback does not include photos or accompanying information submitted through the photo-contribution feature. Those submissions are governed by the Photo Contribution Terms. The feedback license does not expand ScrapMax’s rights to retain or use User Content or personal information.
12 Third Party Information Services and Scrap Yards
The Services may display or link to scrap yards, websites, app stores, maps, payment services, or other third parties that you independently visit, choose, or transact with. ScrapMax does not own or control those independent third parties and does not endorse or guarantee them merely because they appear in the Services. Unless ScrapMax expressly states otherwise, no scrap yard sponsors, endorses, verifies, or is affiliated with ScrapMax.
Independent third-party services may have separate terms and privacy policies. Your dealings with a scrap yard or other independent third party are solely between you and that party. ScrapMax is not responsible for that party’s availability, acts, omissions, prices, weights, grading decisions, deductions, payments, policies, content, or data practices.
ScrapMax also hires service providers to help operate features such as authentication, hosting, storage, OCR, diagnostics, communications, and payments. ScrapMax’s use of those providers is governed by the Privacy Policy and applicable law. Nothing in this section disclaims responsibility that ScrapMax cannot legally transfer to a service provider.
If you believe yard information is inaccurate, outdated, unlawfully disclosed, or infringes your rights, you may report it to contact@scrapmax.app. A report does not guarantee a particular outcome, but we may review the information and take action we consider appropriate or legally required.
13 Paid Features Subscriptions and Taxes
ScrapMax may offer paid features or subscriptions in the future. Before a purchase, we will present the price, billing interval, renewal terms, and material restrictions that apply.
If you purchase through an app store or another payment provider, that provider processes the transaction, and its payment, cancellation, and refund rules may apply. If you choose an auto-renewing subscription, the purchase screen will disclose the billing period, renewal price, and renewal terms before you authorize the purchase. The subscription will renew as disclosed until you cancel it through the provider that manages it. Cancellation ordinarily takes effect at the end of the current paid period and does not refund charges already incurred, except where required by law or the provider’s rules.
Deleting the ScrapMax app or your ScrapMax account does not automatically cancel a subscription managed by an app store or other payment provider. You must cancel it through the provider that manages the subscription. If you request immediate account deletion, access to paid ScrapMax features may end when the account is deleted even if time remains in a paid billing period, subject to applicable law and the provider’s rules.
The price presented at purchase will address applicable transaction taxes as required by law and the payment provider’s rules. ScrapMax may change prices prospectively after giving any notice required by law. We will not charge you for a paid feature unless you affirmatively authorize the purchase.
14 Service Availability Changes and Updates
We aim to keep the Services available and reliable, but we do not guarantee uninterrupted, timely, or error-free operation. Maintenance, outages, network problems, provider failures, device limitations, and other events may interrupt access or cause delayed synchronization.
We may update, modify, suspend, or discontinue all or part of the Services. We will provide notice when required by law. You should retain original transaction documents and keep independent copies of records you cannot afford to lose. If an export tool is available, use it before deleting your account or before access to the relevant feature ends.
Records created offline, awaiting upload, or marked as pending may fail to synchronize because of device, account, network, storage, or service conditions. You are responsible for checking that important records show as successfully saved or synchronized and for retaining the original documents.
You are responsible for installing updates needed to use the Services safely and correctly.
15 Suspension and Termination
You may stop using the Services at any time. You may request account deletion using the methods described in the Privacy Policy.
Archiving a sale, receipt, or other record changes its status or visibility but does not permanently delete it. Any permanent deletion option will be separately identified. Deleting the app from your device also does not delete your account or records stored by ScrapMax.
We may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created a security or legal risk, failed to pay an authorized charge, or used the Services in a way that could harm ScrapMax or others. When appropriate, we may provide notice and an opportunity to correct the issue. We may act immediately when necessary to address fraud, abuse, unlawful conduct, security threats, or legal requirements.
After termination, your right to use the Services ends. Sections that by their nature should survive will survive, including ownership, feedback, disclaimers, limitations of liability, indemnification, disputes, and miscellaneous terms.
16 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCRAPMAX DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
SCRAPMAX DOES NOT WARRANT THAT THE SERVICES OR ANY PRICE, ESTIMATE, CALCULATION, MATERIAL MATCH, OCR RESULT, YARD INFORMATION, SALES RECORD, OR OTHER CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, AVAILABLE, FREE FROM UNAUTHORIZED ACCESS, OR ERROR-FREE. SCRAPMAX DOES NOT GUARANTEE THAT DATA WILL NEVER BE LOST OR THAT A SCRAP YARD WILL ACCEPT A MATERIAL OR PAY ANY PARTICULAR AMOUNT.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law, and you may have additional rights.
17 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRAPIQ LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, USE, GOODWILL, OR DATA; OR LOSSES ARISING FROM RELIANCE ON A PRICE, ESTIMATE, CALCULATION, OCR RESULT, MATERIAL MATCH, YARD INFORMATION, OR THIRD-PARTY ACTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRAPMAX AND THE OTHER PARTIES LISTED ABOVE WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY YOUR HANDLING, TRANSPORTATION, PREPARATION, OWNERSHIP, OR SALE OF MATERIAL OR YOUR FAILURE TO FOLLOW SECTION 8.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SCRAPMAX AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR SCRAPMAX SERVICES, INCLUDING AUTHORIZED PAYMENTS PROCESSED BY AN APP STORE, DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
These limitations apply in the aggregate across related claims, regardless of the legal theory, and even if ScrapMax was advised that a loss was possible or a remedy fails of its essential purpose. They do not exclude or limit liability for ScrapMax’s fraud, willful misconduct, gross negligence where it cannot be limited, death or personal injury caused by ScrapMax’s negligence where that liability cannot be limited, or any other liability that cannot legally be excluded or limited. They also do not limit rights or remedies you may have under nonwaivable consumer-protection law.
18 Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless ScrapIQ LLC and its members, managers, officers, employees, contractors, and agents from third-party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees to the extent caused by:
- Your User Content infringing or violating another person’s rights;
- Your violation of these Terms or applicable law;
- Your fraud, willful misconduct, or material misrepresentation; or
- Your unlawful handling, transportation, preparation, ownership, or sale of material.
This obligation does not apply to the extent a claim results from ScrapMax’s own negligence, willful misconduct, or violation of law. We will provide reasonable notice of a covered claim. We may control its defense using counsel of our choice, and you agree to reasonably cooperate. We will not settle a claim in a way that admits wrongdoing by you or imposes a nonmonetary obligation on you without your consent, which you may not unreasonably withhold.
19 Governing Law and Disputes
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles. This choice of law does not deprive you of consumer protections that cannot be waived under the law of your state of residence.
Before filing a lawsuit, you and ScrapMax are encouraged to make a good-faith effort to resolve the dispute informally. To begin, send a written description of the dispute and the relief requested to contact@scrapmax.app. This voluntary process does not prevent either party from filing a claim, does not pause a limitations period, and is not required for small-claims matters, requests for emergency or injunctive relief, or intellectual-property claims.
Except where nonwaivable law gives you the right to use a different forum, any lawsuit arising from these Terms or the Services must be filed in a Tennessee state court located in Hawkins County or, if federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of Tennessee, Northeastern Division. You and ScrapMax consent to the personal jurisdiction of those courts. Either party may bring an eligible individual claim in small-claims court in any location permitted by applicable law.
20 Changes to These Terms
We may update these Terms to reflect changes to the Services, law, security needs, or business practices. We will post the revised Terms and update the “Last updated” date. If changes materially affect your rights or obligations, we will provide reasonably prominent notice and request renewed affirmative acceptance when required by law or when reasonably necessary to form an enforceable agreement.
Changes apply prospectively from their stated effective date and will not apply retroactively unless applicable law permits and you validly agree. If renewed acceptance is required and you do not agree, you must stop using the Services and may lose access to some or all features.
21 Electronic Communications
You agree that we may provide service-related notices electronically, including through the app, website, or email address associated with your account. You are responsible for keeping your email address current. This consent does not replace any consent separately required for marketing messages.
22 Miscellaneous
These Terms and any additional terms you validly accept for a specific feature or purchase are the entire agreement between you and ScrapMax regarding the Services. The Privacy Policy is a separate notice describing ScrapMax’s handling of personal information; it is not incorporated as a contractual promise except where applicable law requires or these Terms expressly state otherwise.
If a court finds part of these Terms unenforceable, that part will be enforced to the maximum extent permitted and the remaining parts will remain in effect. ScrapMax’s failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. ScrapMax may assign these Terms, any additional feature terms you validly accept, and the associated licenses as part of a merger, acquisition, reorganization, sale of assets, or by operation of law. Any assignee receives those rights subject to the same applicable restrictions and obligations.
ScrapMax is not responsible for delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or communications failures, labor disputes, war, terrorism, civil unrest, government action, or failures of third-party infrastructure. This sentence does not excuse obligations that cannot legally be limited.
Nothing in these Terms waives or limits any right, remedy, duty, or liability that cannot lawfully be waived or limited, including under applicable consumer-protection, privacy, data-security, breach-notification, or regulatory-enforcement law.
The persons and entities protected in Sections 17 and 18 are intended third-party beneficiaries of those sections and may enforce them. Except for those protected parties, these Terms do not give rights to any third party.
Headings are for convenience only. The words “including” and “includes” mean “including without limitation.” These Terms do not create an employment, agency, partnership, joint-venture, fiduciary, or franchise relationship between you and ScrapMax.
23 Contact Us
Questions about these Terms may be sent to:
ScrapIQ LLC
Attn: Terms of Service
contact@scrapmax.app
182 Butcher Valley Rd
Rogersville, TN 37857
United States
