Welcome to Websnap (" Company", " we", " our", " us")! These Terms of Service (" Terms", " Terms of Service”, “ToS”) govern your use of our Websnap service and web pages located at Websnap.app operated by Ship IT OG. You acknowledge that you have read and understood Agreement, and agree to be bound by them. If you do not agree with (or cannot comply with) Agreement, then you may not use the Service, but please let us know by emailing at support@websnap.app so we can try to find a solution.
Your access to and use of the Services are conditioned on your acceptance of and compliance with these ToS. These ToS apply to all visitors, users, partners and others who access or use present and future Services and Performances. By accessing or using our provided Services and Performances or other mechanisms provided you agree to be bound by these terms. Please read these ToS carefully before using Services provided by our Websnap Service. If you disagree with these terms, or any parts of it, then you may not access or use the Service.
Communications
By purchasing a product on our Service, you agree to receive any information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@websnap.app.
Purchases
If you wish to purchase any product or service made available through our Websnap Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. You may not resell, redistribute or use your licence purchase for anything other than use for yourself or your own team/business.
All prices are understood without any applicable taxes; the Customer is obliged to pay the taxes stated on the invoice and is not entitled to withhold any taxes from amounts due. We will not be responsible for any taxes based on the Customer’s net income or taxes imposed on the Customer arising from any consumption of goods and Services. We will not be responsible for any other taxes, assessments, duties, permits, tariffs, fees, or other charges of any kind. We reserve the right to contest the determination of taxes by the tax authorities.
If you are in delay of payment or if the use of the Services and Performances exceeds the prepaid amounts, We are additionally entitled to suspend your account with a 14 days prior notice. Other rights and remedies are expressly reserved. We are not liable for any damage, losses, losses of data or profits or any other negative impacts that may occur due to a suspension according to this provision.
Subscriptions
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our Websnap customer support team.
A valid payment method (credit card), is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
All prices indicated are non-binding and exclusive of VAT, unless otherwise stated. We may, in its sole discretion and at any time, modify the subscription fees. Any changes will become effective at the end of the then-current contract period; modified prices will be charged beginning with the consecutive contract period. Except expressly agreed, renewal prices will not be adjusted based on promotional or one-time priced subscriptions but on Websnap standard applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term’s per-unit pricing.
Paid subscription fees are non-refundable.
Content
Content found on or through this Service are the property of us or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prohibited Uses
You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use our Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Service, or which, as determined by us, may harm or offend Company or users of our Service or expose them to liability.
Additionally, you agree not to:
Use our Service in any manner that could disable, overburden, damage, or impair our Service or interfere with any other party's use of our Service, including their ability to engage in real time activities through our Service.
Use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.
Use any manual process to monitor or copy any of the material on our Service or for any other unauthorised purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.
Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company ratings.
Otherwise attempt to interfere with the proper working of our Service.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Service.
After you have read and accepted the ToS, you are eligible to register for a Websnap account in order to use all of the Websnap’s Services and Performances. It is necessary to provide all the needed data requested in the signup mask.
After you provided the data and clicked “signup” we will confirm receipt of your registration by an automatically generated e-mail.
You are responsible for safeguarding the password and/or all access data to use and access the account and/or for any activities or actions related to the account. You agree not to disclose or share the password. You must notify us immediately of any suspicion or upon becoming aware of any breach of security or unauthorized use or access of the account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse our service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Intellectual Property
The Websnap Services as well as the documentation and its original content, features and functionality are and will remain the exclusive property of us or its licensors.
The Websnap Services, trademarks, trade names, service marks, and logos, whether or not registered are legally protected. Websnap trademarks and property rights may not be used in connection with any product or Service without the prior written consent of us. In particular, the Customer is not permitted to license, publish, rent, make available to others via networks, or in any other way offer the Service, even with single elements. The Customer is also prohibited from decompiling the Websnap Services offered.
Customer grants us a non-exclusive, free and, within the framework of the agreement, unlimited right of use for the duration of the contract to use the Customer’s contents; this is restricted to the purpose of the proper fulfilment of the Services.
Error Reporting and Feedback
You may provide us directly at support@websnap.app with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (" Feedback").
You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.
Links To Other Websites
Our Services may contain links to third-party websites or Services that are not owned or controlled by us. Therefore, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or Services.
The Customer further acknowledges and agrees that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such websites or Services.
We strongly advise the Customer to read the terms and conditions and privacy policies of any third-party website that Customer visits.
Disclaimer Of Warranty
We are a Service provider and our Services and Performances correspond to the prevailing state of the art and we provide our Services to the best of our ability.
We do expressly not owe any commercial success of any kind whatsoever of the Service. We make no warranties or guarantees as to the Service’s suitability for any particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or fully functional at all times.
We are not liable for downtimes or breakdowns due to maintenance, software updates and due to circumstances (such as technical problems of third-parties and higher forces) that are beyond our control. Minor technical changes are deemed approved in advance.
The warranty is furthermore limited to reproducible defects. If incompatibilities arise at the Customer due to technologically reasonable changes in the Service, claims for compensation are excluded.
Damages resulting from instructions not issued by us, insufficient equipment, non-compliance with installation requirements and terms of use, incorrect use and application of unsuitable software or other materials or any issue from Customer’s sphere are excluded from the warranty.
If failures or errors of any kind occur, Customer shall immediately provide detailed and written notification by describing the error. If Customer fails to do so, he may no longer assert any claims under warranty. We will try to fix errors and bugs as soon as we get knowledge.
The existence of errors and defects must always be proven by the Customer.
We may access Customer’s spaces in order to debug the Websnap Services and Performances.
It is in our full interest that any Services or Apps provided by third-parties via Websnap are working with the same highest quality Websnap’s Customers are expecting. Nevertheless, we cannot guarantee such quality or Performance. More than that, we will not be liable for any third-party app in any way.
Limitation Of Liability
We shall only be liable for compensation for damage caused by it, its directors, employees, partners, agents, suppliers, or affiliates, in connection with the Services and Performances, only in the event that such damage was caused by gross negligence or intent.
Should we be liable for any reason whatsoever, the compensation in total is limited to the agreed subscription fee for the then-current billing cycle at the damage-incurring event, but will not be calculated on professional Services or consumption-based usage (eg. traffic).
In no event and under no circumstances shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We shall not be liable to the Customer for any delay or failure of Websnap to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of us. Such causes shall include, but are not limited to, acts of god, floods, fires, loss of electricity or other utilities, consequences of epidemic or pandemic crisis, or delays by Customer in providing required resources or support or performing any other requirements hereunder.
The aggrieved Customer must prove the existence of gross negligence or intent.
Claims for damages are subject to a limitation period of one year from the date of Customer’s knowledge of the damage
Termination
You can cancel your current subscription at any time by the end of the billing period without giving any reasons. To do so, simply access your dashboard and initiate the cancellation process. Once you’ve completed the process, your subscription will be terminated, and you won’t be charged further. Please note that if you cancel in the middle of a billing period, you won’t receive a refund for any unused portion of the service.
The agreement and the use of our Services terminates with the last day of the agreed term if not otherwise agreed (eg automatic renewal).
Both contracting parties are entitled to terminate the contract and the use of Websnap Services at any time with immediate effect and without any liability if the other contract partner does not comply with the agreement in an essential point of the contract despite being requested to refrain from doing so or observing it by setting a reasonable grace period.
Upon termination, the Customer’s right to use the Services and Performances will cease and all fees become due immediately. The Customer shall immediately stop using the Services and Performances. Following termination, any use of the Services by the Customer shall be an infringement and/or misappropriation of our proprietary rights.
After legally effective termination of the contract, we will irrevocably delete the Customer content within a grace period of thirty (30) days and any legal time limitations. We will not be liable for any data loss.
Governing Law
Place of Performance is Linz (Austria).
These ToS shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.
It is hereby agreed, that the court with subject matter jurisdiction at the registered seat of Websnap / Ship IT OG shall have exclusive jurisdiction as legal venue.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via our Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service, or the entire Service, to users, including registered users.
Services and Performances
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of Performance. We do not warrant that the Services and Performances or Apps are compatible with the soft- or hardware and IT-environment used by the Customer.
We provide the Services and Performances in accordance with the order form. Websnap is providing the Services and Performances diligent and with adequate care.
We are entitled to partially or completely suspend the Service if the security of Websnap or the security of a Customer is at risk. We will immediately inform the Customer of such measures. This does not give any right to any claims against us.
Even though we avoid changes to the Websnap APIs or Websnap Services that are not backward compatible, we may change, deprecate or republish Websnap APIs for any Websnap Services or Performances. We will send a notification prior to a take-down of an existing API version at least thirty (30) days in advance. It is the sole responsibility of the Customer to update their software applications or websites.
Only if the modification to be made by an update is commercially unreasonable for the Customer, they are entitled to a right of termination in accordance with sec “termination”. The Customer waives all claims for compensation and other claims in this respect.
Self Service
Our Services may be available via self-service. Customers who are subscribing to Websnap’s Services via Websnap self-service-checkout are considered self-service Customers. This section is applicable for such self-service Customers only. If one of the rules stipulated in this section is contradicting any other part of these ToS, this section will prevail the relevant ToS-part.
A contract will be legally effective and binding with Customer’s first successful subscription fee’s payment. Customer will be billed in advance on a recurring and periodic basis (“billing cycle”). Billing cycles are depending on the type of the subscription plan Customer selects when purchasing a subscription.
Any timely specified subscription period shall automatically renew for successive terms equal to the term in the subscription process unless Customer cancels the subscription’s renewal via the self-service platform at least thirty (30) days prior to the expiration of the then-current billing cycle. If Customer fails to do so, subscription or contract period will automatically renew under the exact same conditions.
A valid payment method, including credit card, is required to process the payment for Customer’s subscription. Customer shall provide us with accurate and complete billing information including company name, full name of the contact person, address, state, zip code, country, telephone number, mail-address, VAT (or equivalent)-number and a valid payment method information. By submitting such payment information, Customer automatically authorizes us to charge all subscription fees incurred through his/her account to any such payment methods. Incorrect or incomplete information can lead to an additional effort for us, which will be charged to the Customer.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that Customer must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle; adjusted prices will be charged beginning with the consecutive billing cycle. Customer’s continued use of Websnap Services after the subscription fee change comes into effect constitutes Customer’s agreement to the modified subscription fee.
Customer grants us a right free of charge to use Customer as a reference on the website or in other online or print media as well as on any (social) media platforms. We may use corporate names (as part or in whole), logos, trademarks, and similar for any advertising and/or marketing purposes. We may issue a press release announcing Customers selection of the service. The text of the press release will be subject to our own discretion.
If Customer has agreed to use our Services for an indefinite period, each of the two contracting parties is entitled to terminate the contract in writing at the end of each billing period which is chosen and agreed by Customer. Any termination of Services and Performances and/or Customer’s account may be terminated within the provided options as mentioned above through the account and respective management tools.
We reserve the right, at our sole discretion, to modify or replace these ToS at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, the Customer agrees to be bound by the revised terms. If the Customer does not agree to the new terms, the Customer should stop using the Service.
Free Trial
We may, at its sole discretion, offer a subscription with a free trial with a watermark and limited features.
The Customer may be required to enter Customers billing information in order to sign up for the free trial. If the Customer does enter the billing information when signing up for the free trial, Customer will not be charged by us until the Customer switches to a paid subscription. Customer will be automatically charged the applicable subscription fees for the type of subscription Customer has selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer anytime.
The Customer acknowledges that their data can be deleted at any time and assumes responsibility for any data backup. We assume no liability for any damage caused by (even partial) loss of data or information.
For free trials we will not be liable for any damages. We do not warrant any specific results of any kind whatsoever or any Performance. We do not warrant that the Services as part of the free plan are free from any bugs or flaws.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.
Customer has full knowledge of all circumstances concerning the Service. Customer is aware of its true value. A contestation of the contract due to error or any other avoidance or adjustment clause (eg, laesio enormis) is expressly excluded between the contracting parties.
Any non-enforcement of any right or provision of these terms will not be considered a waiver of those rights.
Should any provision of these ToS be legally ineffective, invalid and/or null and void or become so in the course of its term, this shall be without prejudice to the legal effectiveness and the validity of the other provisions. In such case the invalid and legally ineffective provision shall be replaced by one which is legally effective and valid and in its economic corresponds to the provision replaced – insofar possible and legally admissible.
These terms supersede and replace any prior agreements. Agreements or arrangements that diverge from our ToS require our written confirmation. In the event of a conflict between these ToS and order form or any other document, the order form takes precedence over the ToS and the ToS takes precedence over any other document.
If you do not agree to the new terms, you are no longer authorised to use our Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
References
Customer grants us a right to name Customer as a reference on Websnap website and online (social)- or print-media.
Customer grants us a right to use any corporate names, logos, trademarks, and similar for advertising and marketing purposes - without any deviation and within Customer’s brand guidelines. It is our obligation to request and ensure fulfillment of Customer’s brand guidelines. In the event Customer has identified deviations from its guidelines, Customer will inform and request us to correct the deviation within one week.
We may issue a press release announcing Customer’s selection of the Service. The text of the press release will be subject to Customer’s prior written approval, not to be unreasonably withheld or delayed.
Acknowledgement
BY USING OUR SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.