Snappli Terms of Use

These terms govern your access to and use of the Snappli software (the “Software”) and the associated Snappli service (the “Service”).  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE INSTALLING THE SNAPPLI SOFTWARE.  BY DOWNLOADING THE SNAPPLI SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.  If you do not accept these terms, you may not use the Software or the Service.

In addition, please read our Privacy Policy on our website for information about our policies and procedures regarding the collection, use and disclosure of information we receive from users.  Registration for or use of the Service shall be deemed to be your consent to abide by any further terms and materials available on our website or incorporated by reference herein, including without limitation our Privacy Policy.

1.          Overview

1.1.     The Software and the Service are intended solely for your own personal, non-commercial use in accordance with these Terms.  You must be at least 13 years old to accept these Terms and use the Software and the Service.

1.2.     The Service is intended to reduce the data usage of certain mobile phones.  By using the Service, your access to the Internet through your mobile phone will be routed through Snappli’s servers, which may reduce the volume of your data traffic for your potential benefit.  However, no guarantee is given by Snappli that any cost saving or performance improvement will be realized.

1.3.     While Snappli does not actively tamper with the data transferred through the Service, it does however may make certain technical modifications in order to reduce the volume of the data.  Such modifications include without limitation changing of fonts, reducing picture resolutions, etc.  Such modifications are an integral part of the Service and you hereby acknowledge them and agree to them.  If you do not agree to these modifications, please do not install the Software or use the Service.  IN NO EVENT WILL SNAPPLI BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT MAY ARISE OUT OF ANY MODIFICATIONS AND YOU HEREBY AGREE TO BEAR ALL RESPONSIBILITY FOR USING THE SERVICE.

1.4.     Your dealings with any wireless, telecommunications or other carrier (“Carrier”) in connection with the Services are solely between you and the Carrier.  Snappli is not responsible or liable for any part of any such dealings.  You are solely responsible for, and Snappli will not have any liability to you for, any access or usage charges charged by a Carrier related to any device, including without limitation any data charges for handheld devices.

1.5.     The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks, and partially provided by third parties.  We do not warrant or guarantee that the Service will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error-free.

2.          Registration and user account

2.1.     When you register for the Service we will ask you to provide us with certain contact and personal details.  Bear in mind that incorrect or outdated information may prevent you from registering and impair our ability to provide you with the Service and to contact you.

2.2.     To log in, you must use your email address and password you entered during the registration process.  We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing other certain services of Snappli.

2.3.     You agree to maintain your password in absolute confidentiality and not to disclose it to anyone else. We recommend that you change your password frequently and at least once every six months.  You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account as a result of sharing your details with anyone else.

3.          Grant of license

3.1.     Subject to your compliance with these Terms, Snappli grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the executable form of the Software only on one device and solely for your personal use.

3.2.     Snappli reserves all rights not expressly granted to you under this Terms.  In particular, except as expressly specified in these Terms, you shall not (and shall not permit any others to do) any of the following:

a)          copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the Software;

b)          transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party;

c)          make the Software or its functions available to multiple users through any means, including without, limitation by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of service; or

d)          block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services or other features that constitute part of the Software or the Service.

4.        Your responsibilities

4.1.     You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.  You further agree to comply with any instructions concerning access to and/or use of the Service that Snappli may issue from time to time.

4.2.     You warrant, represent and agree that you will not (and will not permit any others to):

a)          use the Service in any manner that violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;

b)          use the Service in any manner that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable (as reasonably determined by Snappli);

c)          use the Service in any manner that prevents others from using the Software or the Service;

d)          use the Service to engage in any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography;

e)          violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Service;

f)            interfere with the proper functioning of the Service, including any deliberate attempt to overload Snappli’s system;

g)          send, store, provide or link through the Service to any content or material that may reasonably be deemed as:

(i)          infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;

(ii)        software viruses, Trojan horses, worms, spyware and any other malicious applications or any other similar software or programs that may damage the operation of the Service;

(iii)       encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;

(iv)       constituting a violation of a person’s right for privacy or right of publicity;

(v)         prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;

(vi)       threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable;

(vii)      unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.

4.3.     Snappli reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.

5.          Ownership of intellectual property

5.1.     Snappli and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein.  The Software is protected by United States and other laws and international treaties.  You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.

5.2.     You acknowledge and agree that portions of the Software, including without limitation the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Snappli and its licensors.

5.3.     Snappli alone shall own all rights, title and interest evidenced by, embodied in, and/or related to the Services, including without limitation all related Intellectual Property Rights in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.  For these purposes “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith.

5.4.     Snappli’s name, trademarks, service marks, logos, and the product names associated with the Services are owned by Snappli or third parties who have licensed their rights to Snappli, and no right or license is granted hereunder to use them.

5.5.     You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Snappli’s trademarks, service marks and logos.

5.6.     You must avoid any action or omission which may dilute, or tarnish Snappli’s goodwill.

5.7.     You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Software.  You agree to retain and avoid distorting such signs and notices in any copy thereof.

6.          Term and termination

6.1.     You may discontinue your use of the Service for any reason and at any time.  You may remove the Software from your mobile phone for any reason and at any time.  You may also cancel your user account by contacting us at support@snappli.com, whereupon your account will be removed expeditiously.  You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Service and loss of any data as a result.

6.2.     Snappli may terminate your right to use the Software and the Service at any time for any reason.  In the event of any such termination, your right to use the Software will immediately cease and you agree to uninstall and delete all copies of the Software in your possession or control.  All provisions of these Terms which, by their nature, are intended to survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, and limitations of liability.

7.          Third party content

7.1.     In using the Service, you may access content, products and services provided by third parties.  Snappli does not control these third parties or their links, and Snappli is not responsible for the content, products, materials or practices of any third party.  You acknowledge that by using the Service you may be exposed to content that you find offensive, indecent or otherwise objectionable.  You agree that Snappli is not responsible or liable for:

a)          the availability of such third-party websites or resources;

b)          the content, quality, nature, reliability, advertising, products or services on or available from such websites or resources as accessible through use of the Service; or

c)          any opinions, advice, offers or other information on or available from such websites or resources.

7.2.     You should refer to the policies posted by other websites regarding privacy and other topics before you use them.  If you choose to purchase any products or services from a third party, your relationship is directly with the third party.  You agree that Snappli is not responsible or liable for:

a)          the quality of third party products or services; or

b)          fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services.

You agree that Snappli is not responsible or liable for any loss or damage whatsoever which you may incur from dealing with any third party.

8.          Disclaimers and limitation of liability

8.1.     Snappli makes no warranty that:

a)          the Software or the Service will meet your requirements; or

b)          the Software or the Service will be available on an uninterrupted, timely, secure or error-free basis.

8.2.     THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SNAPPLI EXPLICITLY DISCLAIMS, FOR ITSELF AND ITS SUPPLIERS, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a)          THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT;

b)          ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; OR

c)          ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES.

8.3.     YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SOFTWARE AND THE SERVICE.  ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK.

8.4.     IN NO EVENT WILL SNAPPLI, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BROWSER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SNAPPLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.5.     THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL SNAPPLI’S CUMULATIVE LIABILITY TO YOU EXCEED $10.

8.6.     We advise that you do not use the Service where prohibited by law or during activities that require your full attention, or where there is a significant risk of accident or injury resulting from the distraction created by such use.

9.          Indemnity

9.1.     You agree that you will be personally responsible for your use of the Software and the Service and you agree to defend, indemnify and hold Snappli and its officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with:

a)          your violation of these Terms;

b)          your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or

c)          any disputes or issues between you and any Carrier.

9.2.     Snappli reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with Snappli’s defense of such claim.

10.       Changes

10.1.  From time to time, Snappli may provide updates and/or new versions of the Software and you agree to receive (and permit Snappli to deliver) such software and to use the most recent version of the Software on your device.

10.2.  Snappli reserves the right, in its sole discretion, at any time to modify or terminate the Software or the Service or modify these Terms.  Snappli may notify you of any changes to these Terms (including changes to any and all documents, forms and policies referred to herein) by posting a summary of the changes on our website.  Your continued use of the Service after any such changes shall constitute your consent to such changes.  If you do not agree with any such changes, then you must avoid any further use of the Services.  The date at the bottom of this Agreement indicates the last date that the Agreement was updated.

11.       Other terms

11.1.  These Terms shall be governed by and interpreted in accordance with the laws of England and Wales excluding that body of law pertaining to conflict of laws.  Notwithstanding the foregoing, each party shall have the right at any time to institute an action in any court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the courts of England.

11.2.  If any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.  The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

11.3.  You may not assign these Terms (by operation of law or otherwise) without the prior written consent of Snappli and any prohibited assignment will be null and void.  Snappli may assign these Terms or any rights hereunder without your consent.

11.4.  You agree that these Terms and the rules, restrictions and policies contained herein, and Snappli’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Snappli.  No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Snappli in any respect whatsoever.

11.5.  These Terms together with the rules and policies of Snappli constitute the entire agreement between Snappli and you with respect to the subject matter hereof.