END USER LICENCE AGREEMENT

Last updated: 23.05.2022

The App is managed by SNAQ AG, a joint-stock company incorporated under Swiss law, having its registered office at Ruchackerweg 10, 8405 Winterthur, Switzerland.

The EULA is a legal agreement between You and Us for Your access and use of Our Services.

For the purpose of the EULA, the terms below are defined as follows:

- "App" means the Snaq mobile application, published by Us and available on the Stores;

- "Claims" has the meaning set forth in Section 11.1;

- "Content" means any image, photo, text, query and other type of content You submit to Us via the App;

- "EULA" means this End User License Agreement;

- "Indemnified Parties" has the meaning set forth in Section 11.1;

- "Party" or "Parties" means either You or Us, or both;

- "Privacy Policy" means Our Privacy Policy, available through the following link https://www.snaq.io/privacypolicy;

- "Services" refers to the App, the Website and the services offered by Us through the App and/or the Website;

- "Store" or "Stores" refer to the Apple Appstore (https://www.apple.com/app-store/) or the Google Playstore (https://play.google.com/store/apps);

- "Terms of Use" means Our Terms of Use, available through this document;

- "Third-Party Websites" means other websites or apps controlled by third parties that are accessible through the App;

- "We", "Us", "Our(s)" and "Snaq" refer to SNAQ AG; and

- "Website" means Our website accessible at the following link: https://www.snaq.io/;

- "You" or "Your" means You personally (i.e. the individual who reads and agrees to be bound by this EULA) and, if You use or access Our Services on behalf of a corporation or other legal entity, collectively, You and such corporation or other legal entity on whose behalf You use and/or access the Services.

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1.  ACCEPTANCE

1.1  By downloading the App, clicking "Accept", using Our Services or otherwise indicating Your acceptance of the EULA, You are agreeing to be bound by the terms and conditions set forth herein.

1.2  In connection with Your use of the Services, You may be asked to consent to additional terms and conditions, such as the Terms of Use and the Privacy Policy. Please read carefully such additional terms and conditions before registering on the App. Use of the App is subject to Your full and complete acceptance of the EULA, the Terms of Use and the Privacy Policy.

1.3  If You do not agree to the terms and conditions of the EULA, or if You do not have the right, power and authority to act on behalf of the entity entering the EULA, do not use Our Services or do not otherwise click on any button or other mechanisms designed to acknowledge acceptance of terms.

1.4  We reserve the right to amend the EULA at any time. We will notify You of any substantial amendment by posting a notice on the App, or by sending You an e-mail to the address provided by You. You may be required to read and accept the amended terms to continue Your use of the Services.

1.5  From time to time, updates to the App may be issued through a Store. Depending on the update, You may not be able to use the Services until You have downloaded or streamed the latest version of the App and accepted any new terms.

2.  OPERATING SYSTEM REQUIREMENTS

2.1  The Services are supported on devices that meet the minimum and recommended hardware specifications and requirements described below:
Apple iPhone or Android compatible mobile with internet connection.

3.  GRANT AND SCOPE OF LICENCE

3.1  In consideration of You agreeing to abide by the terms of the EULA and subject to Your compliance with the EULA at all times, We grant You a limited, non-transferable, non-exclusive, non-sublicensable and revocable license to access and use the Services, notably to download and install the App into Your device, in line with the operating system requirements set out at Section 2, view, use and display the App on such device and use the Services for Your personal purposes only.

3.2  The license granted herein is subject to the restrictions set forth at Section 4 below.

4.  RESTRICTIONS

4.1  All rights not expressly granted by Us hereunder are reserved; You have only the limited rights granted with the limited rights expressly set forth in the EULA and You have no other rights, implied or otherwise.

4.2  Without limiting the generality of the foregoing, You may not access or use, or attempt to access or use, the Services to take any action that could harm Us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, You may not:

a)  make use of the Services in any manner that constitutes an infringement of Our rights or the rights of other users or third parties, including intellectual property rights;

b)  access parts of the Services to which You are not authorized, or attempt to circumvent any restrictions imposed on Your use of or access to the Services;

c)  take any action that violates or threatens to violate Our system or network security, including any action that imposes an unreasonable or disproportionate large load on Our network or infrastructure;

d)  use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

e)  attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;

f)  interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users; and

g)  engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.

4.3  We reserve the right to monitor Your use of the Services to determine compliance with the EULA. We may investigate violations of the EULA and may work with law enforcement to prosecute users or others who violate the EULA. We reserve the right to terminate Your access to the Services if You are suspected of violating the EULA.

5.  YOUR CONTENT

5.1  You shall not upload to, or distribute or otherwise publish in, the App any Content that is unlawful, harassing, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, or that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or is otherwise objectionable material.

5.2  You acknowledge that any Content submitted by You may be edited, removed, modified, published, transmitted, and displayed by Us and You waive any rights You may have in having the material altered or changed in a manner not agreeable to You.

5.3  You grant to Us a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable license to the Content, which includes without limitation the right for Us and/or any third party (e.g. Web-Hosting provider) designated by Us, to use, copy, transmit, excerpt, distribute, create derivative works of, host, index, cache, tag, encode, modify and adapt in any form or media now known or hereinafter developed.

5.4  You acknowledge that We have no obligation to keep any Content submitted on, to or through the App as confidential information.

6.  INTELLECTUAL PROPERTY

6.1  Title to the Services, including any updates, upgrades, modifications and revisions of the App and its documentation, as well as any copyrights, patents, designs, trademarks, trade secrets and any other intellectual property rights in or related thereto are and will remain Our exclusive property (or, if applicable, the property of Our licensors). No title or ownership in any copyright and/or other intellectual property rights is transferred by Us to You or any other party under the EULA, as the Services are only licensed and not sold to You.

6.2  You recognize Our ownership and the intellectual property rights in the Services and abstain from committing any offence against the existence and extent of such rights (i.e. You shall not alter or remove any copyright, trademark or other proprietary rights notice in the Services).

7.   LINKS TO THIRD-PARY WEBSITES AND OPEN-SOURCE SOFTWARE

7.1  The Services may link to Third-Party Websites. The EULA does not apply to the Third-Party Websites. We provide such links only as a convenience to users. We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Websites, nor does it make any recommendations about the content, completeness, safety or accuracy of any Third-Party Websites. All users access Third-Party Websites at their own risk.

7.2  The Services may include open-source software. If this is the case, the terms of such open-source license may override the terms of the EULA.

8.   MEDICAL INFORMATION

8.1  Nothing on the Services is intended to provide medical or other professional advice. The Services may contain general information relating to various medical or diet issues. This information is provided for informational purposes only and is not intended as a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained on the Services for diagnosing a health problem or disease or for taking any decision regarding a medical treatment. Always consult Your physician or another qualified health care professional about any medical condition You may have or any medical treatment You may be considering.

9.  DISCLAIMER OF WARRANTIES

9.1  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL OPERATE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, TO ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. THOSE WHO ACCESS AND USE THE SERVICES DO SO AT THEIR OWN RISK AND COSTS, AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW.

10.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT, SUBSIDIAIRIES AND/OR AFFILIATE COMPANIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY THIRD-PARTY WEBSITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11.  INDEMNIFICATION

11.1  You agree to indemnify and hold harmless Snaq and its parent, subsidiaries and/or affiliate companies, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors (the “Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the EULA, or the failure to fulfill any obligations relating to Your use of the Services. You acknowledge and agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify the Indemnified Parties from and against any and all claims, actions, losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees (the “Claims”). You also agree to indemnify the Indemnified Parties and hold them harmless from and against any and all Claims arising out of Your use of any information or other contents accessed from the Services.

11.2  We reserve the right to take over the exclusive defense of any claim for which We are entitled to indemnification under this Section 11. In such event, You shall provide Us with such cooperation as is reasonably requested by Us.

12.  TERMINATION

12.1  We may terminate the EULA for any reason at any time. We reserve the right, in Our sole discretion, to restrict, suspend, or terminate Your access to and use of the Services, with or without prior notice. Sections 6, 8 and 11 of the EULA shall survive its termination.

12.2  Upon termination of the EULA, You shall cease all use of the Services.

13.  MISCELLANEOUS

13.1  You acknowledge that no joint venture, partnership, employment or agency relationship exists between You and Us as a result of the EULA or Your access to and use of the Services.

13.2  If any portion of the EULA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the Parties, and the remaining portions shall remain in full force and effect.

13.3  Failure by Us to enforce at any time any provision of the EULA shall not be construed as a waiver of Our right to act or to enforce any such term or condition and Our rights shall not be affected by any delay, failure or omission to enforce any such provision. No waiver by Us of any breach of Your obligations shall constitute a waiver of any other prior or subsequent breach.

13.4  The EULA represents the entire agreement of the Parties and supersedes any prior discussions or understandings, whether written or oral, relating to the subject matter hereof.

14.  GOVERNING LAW AND JURISDICTION

14.1  The EULA shall be governed by the substantive law of Switzerland, excluding any conflicts of law provision.

14.2  Any dispute, controversy or claim arising out of or in connection with the EULA shall be subject to the exclusive jurisdiction of the ordinary courts of the canton of Zurich.