24 May 2021
ANY SUBSCRIPTION FOR PAID SERVICES WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT WITHIN THIRTY DAYS OF THE RENEWAL DATE. ANY LEGAL CLAIM INVOLVING THESE TERMS OR THE SERVICES WILL BE SETTLED BY ARBITRATION, NOT BY A TRIAL IN FRONT OF A JUDGE OR JURY, OR THROUGH A CLASS ACTION LAWSUIT.
- Sniptt and its affiliates (Sniptt, or “we” and its derivatives) operate www.sniptt.com (together with any subdomains, the “Site”) and provide our users (each user, “you”) with command-line interfaces and binary files (each a “App” and, collectively, the “Apps”). These Terms of Service (the “Terms”) are a binding agreement between you and Sniptt regarding your use of the Site, the Apps, and any related services we may offer (the Site, Apps and services together, the “Services”). As used in these Terms, a “device” means any computer, phone, tablet, or other hardware on which Apps run.
- These Terms do not apply to third-party websites, services and applications (“Third-Party Services”) you may access through the Services. Unless required by applicable law, we are not responsible for the content or practices of Third-Party Services and provide links to them only for your convenience. We recommend you review the terms and policies of any Third-Party Service you access through the Services.
- WHEN YOU PAY FOR A SUBSCRIPTION TO THE SERVICES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION AT THE THEN-CURRENT RATE FOR SUCH SERVICES, UNLESS YOU CANCEL OR CHANGE YOUR SUBSCRIPTION AS SET FORTH IN SECTION 7(c).
- Your use of certain Services may be subject to additional terms (“Supplemental Terms”). If any provision of the Supplemental Terms conflicts with these Terms, the Supplemental Terms will control. Certain Supplemental Terms are in Section 12.
- THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE IF THERE IS A DISPUTE ABOUT THESE TERMS OR YOUR USE OF THE SERVICES. By accepting these Terms, you are waiving certain rights to legal remedies you may otherwise have. Arbitration is not permitted in certain jurisdictions. Please see Sections 10 and 13 for more information.
- Any dispute or claim arising under these Terms or related to the Services will be governed by and interpreted according to the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any conflicts of law provisions that would require a different result. The United Nations Convention on Contracts for the Sale of Goods will not apply to these Terms.
- We may change these Terms at any time. When we do so, we will post the updated Terms on this page and inform you through the Services, as applicable. Amended Terms will be effective immediately for new users and thirty (30) days after we post them on the Site for existing users.
- You may email firstname.lastname@example.org with any questions about these Terms or the Services.
To use our Apps, you must create an account. You must also create a Master Password, which is used to generate the encryption keys that protect the information you store on the Services. SNIPTT DOES NOT STORE OR HAVE ACCESS TO YOUR MASTER PASSWORD, AND IF THE MASTER PASSWORD IS LOST, SNIPTT CANNOT UNLOCK YOUR ACCOUNT OR RETRIEVE YOUR INFORMATION. Do not share your account credentials with anyone, as you are responsible for all activity associated with your account.
- Accounts. To use the Services, you must download an App, or access a pre-installed App on your device, and create an account (an “Account”) by providing your email address (the “Account Email”) and a master password (the “Master Password” and, together with the Account Email, the "Credentials"). Keep your Credentials secure and do not share them with anyone. You are responsible for all activities on the Services associated with your Account. You represent that any information you provide to us in connection with your Account (e.g., billing information when you pay for a Subscription) will be accurate, and that you will keep it updated for so long as you have an Account.
- Master Password. Your Master Password is critical to the security of your Account. It is used to generate the encryption keys used to protect Secured Data (as defined in Section 4(b)) and to transfer Secured Data among your authorised devices. SNIPTT DOES NOT STORE, HAVE ACCESS TO, OR HAVE ANY MEANS OF RECREATING OR RETREIVING, YOUR MASTER PASSWORD, NOR CAN WE ACCESS SECURED DATA IF YOU LOSE YOUR MASTER PASSWORD. This is an essential security feature intended to protect your Secured Data should our systems be compromised. We are not responsible for any inability to access your Account or Secured Data caused by loss of your Master Password.
You have a limited license to use our Apps for your personal use, which extends to any documentation and updates applicable to the Apps and Services you use. You may not hack, reverse-engineer, break the law using, or otherwise do “bad” things with or to the Services. We are not required to support the Apps (but we do via email@example.com).
- License. Sniptt grants you a personal, non-exclusive, revocable, non-sublicensable, and non-transferable license to download and install the Apps in object code format on one or more devices (as permitted by your plan), solely for your personal use. The license includes the right to (i) access, use, and make a reasonable number of copies of any published descriptions of the functionality, technical requirements, or use of the Services (collectively, “Documentation”), and (ii) use any changes to the Apps made available to all users of such Apps at no additional cost (each an “Update”) when each Update is made generally available. Updates may be installed automatically or require installation by you. Failure to install an Update may result in an App or the Services not functioning correctly.
- Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly:
- modify or create derivative works of the Services or elements thereof;
- decompile, reverse engineer, or translate any portion of an App into human-readable form (except to the extent expressly allowed by applicable law);
- rent, lease, share, distribute, or sell any aspect of the Services to any third party, including on a service bureau or similar basis;
- remove, alter, or deface proprietary notices or marks in an App or the Documentation;
- disclose the results of testing or benchmarking an App or the Services;
- circumvent or disable security, copyright protection, or license management mechanisms of an App or the Services,
- interfere with the Services’ operation;
- use the Services to violate the law or the rights of any third party;
- use the Services to store or distribute content that is harmful to minors;
- upload or transmit any virus, worm, Trojan horse, or other malicious code to or via the Services;
- use any automatic or manual process to harvest information from the Site or Services, except that commercial search engines may use spiders to copy materials from the Site solely as necessary to create publicly available searchable indices of the materials;
- impersonate or otherwise misrepresent your affiliation with any person or entity,
- mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or
- attempt to do any of the above.
- Support. The license granted in Section 3(a) does not entitle you to receive any support for the Apps or Services, though we may choose to (and do) provide it. Please email firstname.lastname@example.org if you need assistance. While Sniptt strives to constantly improve the Services, we are not required to fix any specific error, bug, or issue except as set forth in Section 9(a). We generally support only the current major version of the platform or operating system on which the Services run (e.g., OSX, Linux).
We provide the Services, but you are responsible for how you use them—both in making sure the data you store in the Apps is correct and for how you use that data (including when you use the Services to share data with others). Like most providers of consumer applications, while we make every effort to ensure that the Services work correctly, we cannot and do not guarantee that they will always do so.
- General. Current information about features can be found at www.sniptt.com/pricing. We may remove features from the Services or certain Apps at any time, and not all features are available with all plans and in all jurisdictions.
- Security. We develop and deploy advanced security features to protect the Services and the information that you store on it, such as usernames and passwords, IDs and payment information (collectively, “Secured Data”). However, we cannot and do not guarantee that Secured Data will be 100% protected. In addition, while passwords generated by the Services are designed to be as secure as possible, we cannot guarantee their security, and we explicitly do not claim that they are immune to attack.
- Your Responsibilities. You are solely responsible for (i) the accuracy of Secured Data you store on the Services, and (ii) using your Secured Data in compliance with applicable laws and relevant agreements with third parties (for example, when using a credit card stored on the Services to complete an online payment, you are bound by the terms of your agreement with the card provider). In particular, if you allow others to access your Secured Data, such as when using the Services’ “sharing” feature, you acknowledge that we have no responsibility for what the recipient does with the data you share with them.
- No Guarantee. While we strive to ensure the proper operation of the Services, including those provided by partners, we explicitly do not warrant or guarantee that the Services will work properly at all times, be error-free, or be available on an uninterrupted basis. The only warranty provided in connection with the Services is stated in Section 9(a).
The Services are owned by Sniptt and its licensors. You own your Secured Data and Credentials. The only right you have in the Services is the limited license granted above. The only right we have to your Credentials and Secured Data is to use them to provide the Services. We own all anonymised information about the use of our Services. If you suggest product features or provide other feedback about the Services, we can use it without any obligation to you.
- Services. Except for your Credentials and Secured Data (and, as applicable, Shared Data you receive from others), Sniptt and its licensors retain all right, title, and interest to the Services and all content and materials available within and through the Services. Your Account is licensed to you solely so you may use the Services, and, except for your Secured Data and Credentials, you have no property interest in your Account.
- Your Data. Except for the limited licenses granted to Sniptt below and elsewhere in these Terms, you retain all right, title, and interest to your Credentials and Secured Data. So long as you have an Account, you grant us a non-exclusive, royalty-free, fully-paid, sublicensable, transferable, worldwide right to process your Secured Data and Credentials solely as required to provide the Services in compliance with applicable laws.
- Usage Information. Sniptt owns all data regarding installation, registration, and the use and performance of the Services, including usage statistics and activity logs, (collectively, “Usage Information”).
- Feedback. Any feedback, comments, or suggestions you may provide to us or on any public forum regarding Sniptt or the Services (“Feedback”) is voluntary, and you hereby grant Sniptt a perpetual, irrevocable, unrestricted, royalty-free right and license to use Feedback in any lawful manner.
We may provide links to, or make data from, Third-Party Services available on the Site or through the Services. We are not responsible for these services or data. In addition, like most software developers, we use open-source components in our Services. Such components do not affect your ability to use the Services or limit the rights you have under these Terms, but each component is subject to its own license, and not the license granted above.
- Open-Source Software. “Open-Source Software” means certain elements of the Services that are subject to “open source” or “free” software licenses controlled by third parties. Open-Source Software is licensed under the terms of the end-user license that accompanies such software, and not under Section 3. Nothing in these Terms limits or expands the rights of the end-user license for any Open-Source Software, nor does any Open Source Software license limit the rights we grant you in these Terms. If required by the applicable license, Sniptt will make Open-Source Software available by written request to the address in Section 1(j).
When you sign up for paid access to the Services (a “Subscription”) through the Site, you must provide credit card or PayPal account information. Subscriptions are paid for in advance, and will automatically renew (and you will be charged) for the same duration as your initial Subscription unless cancelled or changed. Fees will be refunded if you cancel your Subscription within thirty (30) days of when payment is due. We will inform you thirty (30) days prior to your Subscription renewing. We charge sales tax where required.
- Subscription. Certain features of the Services are only available with a paid access plan (a “Subscription”). Subscription levels, features, and pricing are available at www.sniptt.com/pricing, and may be changed at any time. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account. Except as expressly stated in these Terms, Subscription Fees are non-refundable and are based on our standard charges and billing terms in effect when payment is due. You must provide a valid credit card or other payment method (“Payment Provider”) prior to starting a Subscription and promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, not these Terms, governs your use of your Payment Provider. We may change our fees and billing practices at any time, but any such change will not apply to you until the next Subscription period or if you change your Subscription type. If you upgrade your Subscription, you will pay for the full duration of the new Subscription level but receive a pro-rata credit for the remaining value of your prior Subscription.
- Automatic Renewal. SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE RATES THEN IN EFFECT FOR THE SAME PERIOD AS THE EXPIRING SUBSCRIPTION, AND YOUR PAYMENT PROVIDER WILL BE CHARGED UPON RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 7(c). We will inform you via email thirty (30) days before your Subscription renewal date. By subscribing, you authorise us to charge your Payment Provider at the beginning of any Subscription period if you have not cancelled your Account by such time. If we cannot process payment, we will reach out to you to update your Payment Provider information. If we do not receive payment within fifteen (15) days of the renewal, we may terminate your Subscription.
- Cancellation. Subscriptions may be cancelled at any time by sending an email to email@example.com. You will be able to use a canceled Subscription until its scheduled expiration, but you will not receive any pro-rata refund of the current term. However, for annual Subscriptions, we will refund the full Subscription Fee if you request a refund within thirty (30) days of the Subscription start or renewal.
- Taxes. Any sales, use, value-added, or other tax based on the Subscription that we are required to pass through to customers is automatically calculated and added to all orders where applicable (except for users in the European Economic Area, (“EEA”) where VAT is included in the amount charged to you by Sniptt). To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Sales tax is the sole responsibility of the user.
- Payment Services. We use Stripe (a “Payment Processor”) for payment services (e.g., card acceptance and merchant settlement). By paying for a Subscription, you agree to be bound by the applicable Payment Processor’s terms and policies, and authorise us and the Payment Processor to share any information and payment instructions you provide with your Payment Provider and any other Third-Party Service provider(s) solely as required to complete your transactions.
These Terms will remain in effect for as long as you have an Account (or when you visit the Site). We may terminate your Account for any breach of these Terms or where required by law (in almost all cases, we will reach out to you before doing so). You may cancel a Subscription or close your Account at any time. If you cancel a Subscription, it will remain active until the end of the Subscription period. If we terminate your Account for breach of the Terms, your Subscription will end immediately. You must delete any Apps from your devices following termination in order to remove Secured Data from your device.
- Term. These Terms take effect when you accept them as set forth in Section 1(b) and will remain in force as long as you have an Account (or visit the Site).
- Termination by Sniptt. If we cannot charge your Payment Provider, if you materially breach these Terms, or if required to do so by law (e.g., where the provision of the Services becomes unlawful), we may suspend or terminate your Subscription and/or Account, with or without notice. Termination under this Section 8(b) is at Sniptt’s sole discretion, and we will not be liable to you or any third party for any such termination.
- Termination by You. You may terminate a Subscription at any time as set forth in Section 7(c). To delete your Account, please email firstname.lastname@example.org. Except as specifically described above, we will not provide any refunds for terminated Subscriptions. If you close your Account, these Terms will no longer apply to you except to the extent you visit the Site and for any provisions that survive termination specified below.
- Effect of Termination.
- When a Subscription expires or is terminated by Sniptt pursuant to Section 8(b), you will no longer have access to the Service features associated with the Subscription. Unless you close your Account, terminating a Subscription will automatically convert your Account to a “Free” account (if we still offer that plan).
- If you delete your Account, all licenses granted in these Terms will immediately terminate and you must stop all use of the Apps. We may delete all data associated with your Account from our servers, including Secured Data and Credentials, without liability or obligation to you. Note that, even if you delete your Account, you must delete the Apps to remove Secured Data from your devices. Even if you do not delete the Apps, you will not be able to access Secured Data after you delete your Account (though such access may continue for a short period depending on your Master Password settings within the App).
- Sections 1(g) and (h), 3(b), 5, 7, 8(d), 9(b), (c), and (d), 10, 11 and 13 will survive termination or expiration of these Terms for any reason.
- If we terminate your Account for violating these Terms, you may not attempt to create a new Account.
The Services will do what the Documentation says, and if they don’t, we will try to fix them. As much as the law allows, we do not make any other warranties about the Services. Unless we intentionally do something wrong or are truly incompetent, our maximum liability for any damages caused by the Services or related to these Terms will be the amount of your most recent Subscription payment. You will defend us from any claim brought against Sniptt alleging that your use of the Services violated these Terms or applicable law.
- Warranty. Sniptt warrants that the Services will perform materially in accordance with the Documentation. Sniptt’s sole obligation, and your sole remedy, for any violation of this warranty is for Sniptt to use commercially reasonable efforts to correct the Services so that they conform to the Documentation.
- DISCLAIMER. EXCEPT AS SET FORTH IN SECTION 9(a), SNIPTT EXPLICITLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SNIPTT DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
- LIMITATION OF LIABILITY. EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT WILL (i) SNIPTT’S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE MOST RECENT SUBSCRIPTION FEE YOU PAID, OR (ii) SNIPTT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ON WHICH THEY ARE ASSERTED, AND EVEN IF SNIPTT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PREVENTED BY LAW, BUT IN SUCH CASE, SNIPTT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnification. You will indemnify, defend, and hold Sniptt harmless from any claim, action, suit, or proceeding made or brought against Sniptt arising out of or related to your breach of any provision of these Terms or use of the Services in violation of applicable law.