Terms of Use
SNACKA SOFTWARE, PRODUCTS AND SERVICES
These Terms of Use (“Terms“) constitute a legally binding agreement made between the user of the Snacka Software and Services (“you”) and Snacka OÜ, a company registered under the laws of Estonia, registry code 16390368 address Harju maakond, Tallinn, Kesklinna linnaosa, A. Lauteri tn 3, 10114 (“Snacka”, “we”, “us” or “our”), concerning your access to and use of our Software and Services which includes but are not limited to any Products, Content, Software Applications, and other Services such as our Website, Support, etc (“Snacka Software & Services“). You agree that by creating an account and/or by using the Snacka Software & Services, you have read, understood, and agree to be bound by all these Terms.
1) No warranty and limitation of liability
We provide you the Snacka Products and Services on an 'as is' and “as available” basis, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Snacka Products and Services, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
We do not warrant that the Snacka Product will meet your requirements; that the Snacka Product will be uninterrupted, timely, secure, or error-free; that the information provided or obtained through the use of Snacka Product is accurate, reliable or correct; that any defects or errors will be corrected; that the Snacka Product will be available at any particular time or location; or that the Snacka Product are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of the Snacka Product.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) your use or inability to use the Snacka Product; (ii) any modification, suspension or discontinuance of the Snacka Product; (iii) Snacka Product generally or the software or systems that make the Products and Services available; (iv) any other matter relating to the Snacka Product.
Our liability is limited whether or not we have been informed of the possibility of such damages and even if a remedy is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. However, our maximum liability is limited to 100 EUR.
If Snacka Product is unavailable as a result of force majeure, we will not be in breach of any of our obligations towards you under these Terms.
2) Release and Indemnification
You indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms, provided that we (a) promptly give you written notice of the claim, demand, suit or proceeding; (b) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at your expense.
3) Acceptable use policy
You shall not:
— create, transmit, display or make otherwise available any content that is unlawful;
— create, transmit, display or make otherwise available any content that is NSFW, defined as adult, sexual, racy, violent or medical content;
— sell, modify, re-use, re-sell, distribute, reproduce or make any other use of the Snacka Product;
— reverse engineer, decompile or disassemble the Snacka Product or modify another website/app so as to falsely imply that it is associated with the Snacka Product.
Violation of the foregoing prohibitions shall be considered a material breach and shall give us the right to terminate your access to the Snacka Product without notice.
4) Intellectual Property rights
We hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Snacka Product and to download and install the Snacka Product and other software provided by us for this purpose, for your non-commercial personal use only, provided that you are in compliance with these Terms. Your license confers no title or ownership in the Snacka Product; and the software is licensed, not sold, to you. Your license to Snacka Product is subject to your prior acceptance of these Terms and your compliance with acceptable use policy. The license does not encompass the use of Snacka Product for commercial purposes, such as use in other streaming software and the like.
We and our licensors, vendors, and/or agents retain ownership of all intellectual property rights of any kind related to the Snacka Product. We reserve all rights that are not expressly granted to you under these Terms or by law.
5) Updates, upgrades and fixes
We may provide you, from time to time, with upgrades, updates or fixes according to our sole discretion. You agree to use reasonable endeavours to keep Snacka Product up-to-date and install all relevant updates and fixes, and may, at your sole discretion, purchase upgrades, according to the pricing set by us.
An upgrade is a material amendment in Snacka Product, contains new features and/or major performance improvements.
An update is a minor amendment in Snacka Product, may contain new features or minor improvements.
A fix is a minor amendment in Snacka Product, intended to remove bugs or alter minor features which impair the Snacka Product’s functionality.
6) No affiliation
We are not affiliated with any game producer or other gaming software developer and the recommendations made regarding the games are purely based on user experience.
7) Data Protection
We process certain personal data in accordance with our Privacy Policy (https://www.snacka.app/privacy-policy).
8) Technical data usage
You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device,system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to Snacka Product. We may use this information to improve our products or to provide services to you, as long as it is in a form that does not personally identify you.
9) No right of withdrawal
You do not have a right to withdraw from a transaction or obtain a refund once delivery of digital content has started, at this point your transaction is final. You therefore expressly acknowledge, consent and agree that delivery of digital content commences at the moment the digital content is added to and/or enabled on your account or otherwise made accessible to you for download or use.
10) Term and termination
We have the right to suspend or terminate your use of the Snacka Product and related services if you are not following these Terms or guidelines provided by us. We may refuse any current or future use of the Snacka Product and related services if you are not following these Terms or guidelines provided by us.
We reserve the right to change these Terms or terminate the offering of the Snacka Product at any time.
You may terminate your use of Snacka Product at any time. There will be no refunds or credits for partial months or refunds for months unused; however, you will be able to use Snacka Product for the length of the paid billing period.
11) Governing law and dispute resolution
Except to the extent applicable law provides otherwise, these Terms are governed by the laws of Estonia. All disputes arising from these Terms shall be settled via negotiations.
For Residents of EU Member States Only: For the purposes of any disputes hereunder, you agree that any Disputes arising out of or in any way related to these Terms or Snacka Product may be resolved amicably or by means of European Online Dispute Resolution platform (ODR platform).
The ODR platform is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase, and allows consumers to submit their contractual dispute and conduct the Alternative Dispute Resolution (ADR) procedure online at
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
In case an amicable or ADR settlement is not found you may bring proceedings against us in the jurisdiction where we are domiciled or in the jurisdiction where you are domiciled, without resort to any form of class action.
12) Miscellaneous
In case these Terms are translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
If any part of these Terms is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
We provide customer support to you in the languages stated on our website https://www.snacka.app
These Terms, along with our Privacy Notice constitute the entire agreement between you and us with respect to your use of Snacka Product.
You may not assign these Terms, or any rights or obligations contained herein. We may, without prior notice, assign these Terms or any rights or obligations contained herein to any third party.
In case of questions about these Terms, contact us at support@snacka.app
