Terms of Use

The Snappy service is a hosted web helpdesk application that we offer on a subscription basis through this website. We offer different plan levels with varying fees based on the numbers of features and users. You select the plan level that meets your needs. We are Snappy, Inc. "You" means either a subscriber or an authorized user, as defined below. These Terms of Use govern your use of the Snappy service.

Subscribers

By subscribing to a Snappy plan or registering to use the Snappy service with or without charge, or by accessing or using the Snappy service, you agree to be legally bound by these Terms of Use as we may modify them from time to time. You must provide your real name, a valid email address, the subscriber's individual or company or legal entity name and any other information we require when you subscribe or register. If you are subscribing or registering on behalf of a company or other legal entity, you represent that you have the authority to represent the company or entity, its affiliates and all users who access the Snappy service through your account, all of whom will be bound by these Terms of Use. The term "subscriber" includes both the individual user who subscribes or registers on his or her own behalf and the individual who subscribes or registers on behalf of a company or other legal entity. It also includes the company that an individual subscriber represents and enrolls as a subscriber.

Authorized Users

Access to the Snappy service is limited to subscribers and authorized users. An "authorized user" is an individual who (a) is designated by the subscriber as an authorized user, (b) is employed by a subscriber or engaged as independent contractor of a subscriber, (c) accesses the data solely for the benefit of the subscriber and (d) agrees to be bound by all of these terms and conditions to the same extent that the subscriber is bound.

The Snappy service permits each subscriber to create user names, assign a user name to each authorized user and to deactivate user names. Each user name must be available and acceptable to us in our discretion.

The maximum number of authorized users, if any, will be indicated in your online order or registration form. You may subscribe for a fixed maximum number or an unlimited number of authorized users. You may upgrade your service at any time to a larger or an unlimited number of authorized users at the rates then in effect.

By accessing or using the Snappy service you represent and warrant that you are a subscriber or an authorized user and that you are at least 18 years old.

User Names and Passwords

Subscribers and authorized users may access the data from any web browser by entering an approved user name and the corresponding confidential password. You are responsible for maintaining the confidentiality and security of your account and password. Each user name may only be used by one person. You may not share a user name with anyone else.

Updates and Changes

We may modify these Terms of Use at any time by posting revised terms on this website or notifying you by email. Your continued use of the Snappy service will be governed by the Terms of Use in force at the time of your use.

We may add features to the Snappy service and modify or remove other features at any time. Your continued use of the Snappy service after such changes means you agree that these Terms of Use will continue to govern your use of the Snappy service as updated or modified.

Permitted and Prohibited Uses

You may use the Snappy service only for the internal business of your company or organization. You may not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute the Snappy service or make it available to anyone for any purpose other than your company's internal business; (b) modify, adapt or hack the Snappy software or service or otherwise attempt to gain unauthorized access to our systems or networks; or (c) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Snappy software or any of its components.

You may not use the Snappy service: (i) as a tool for file sharing, online backup, mass emailing or to process data on behalf of any third party; (ii) in any unlawful manner or for any unlawful purpose or in a manner that violates any person’s privacy rights or infringes any person’s intellectual property rights, or to send spam or otherwise duplicative or unsolicited messages unlawfully, (iii) in any manner that interferes with or disrupts the integrity or performance of the Snappy service; or (iv) to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software.

The subscriber is responsible for all content posted and all activity that occurs under the subscriber's account.

Prices and Payment

We offer Snappy subscriptions at different plan levels with differing numbers of features and maximum users. You pay the price that correspond to the plan level you select. We may also allow you to register for free use of the Snappy service for a limited time or a limited version.

You must use a valid credit card to subscribe to any paid Snappy plan. We bill in advance on a monthly or annual basis, depending on the plan you select. Payments are not refundable. We do not give refunds or credits for any partial month or year of service or any plan downgrade, or for unused time if you close your account before the end of your subscription period.

We will notify you in advance of any increase in prices that may become effective upon any renewal of your subscription.

For any upgrade or downgrade in plan level, the credit card that you provided to us will automatically be charged the new rate on your next billing cycle.

Downgrading your plan level may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.

The plans currently allow subscribers to open unlimited numbers of tickets with no limit on the numbers of files saved or storage space used. We reserve the right to impose an additional charge if you add more than 10,000 tickets or use more than 2GB of storage space in a month or you impose excessive stress on the service in any other way.

If you fail to pay on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, we may suspend or cancel your subscription.

Unless otherwise stated, our charges do not include any taxes or similar governmental assessments by any local, state, provincial or foreign jurisdiction. You are responsible for paying all such taxes except those assessable against us based on our income. We will invoice you for such taxes if we believe we have a legal obligation to do so.

Cancellation and Termination

Only the subscriber may cancel the subscription before it expires. Authorized users may not cancel a subscriber's subscription.

All content will be deleted from your Snappy account immediately upon cancellation. The content cannot be recovered once your account is cancelled.

We have the right, in our sole discretion, to suspend or terminate your account and refuse your further use of the Snappy service, for any reason at any time. Termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture of all content in your account.

We reserve the right to refuse service to anyone for any reason at any time. We also have the right to discontinue the Snappy service (or any of its parts), temporarily or permanently, at any time with or without notice.

Support

Technical support is available to paid Snappy subscribers. To reach Snappy customer support services, contact us. A valid and current subscription is required for support. We provide support Monday through Friday, 9 a.m. to 5 p.m. East Coast time, but not on national holidays. We generally respond within one business day.

You acknowledge that we may not be able to resolve every technical support request. We provide support on a "best efforts" basis only.

Proprietary Rights

We do not claim any intellectual property rights over the material you enter or upload into the Snappy service. All material you upload remains yours. When you delete your account, you are also deleting all content of your account stored on the Snappy service.

We do not pre-screen your content, but we have access to your account at all times and we may remove any of your content in our sole discretion.

We own and retain all proprietary rights in the Snappy software and this website. Our rights are protected by copyright and other laws. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any content or information from this website without our prior written approval.

To the extent we do not own any additions or changes you may have provided to us or that we may have made in response to any suggestions, enhancement requests, recommendations or other feedback we receive from you, we will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license with respect to all such additions and changes.

We are the sole owner of the trademark SNAPPY. You may not use any of our trademarks without our prior written consent, which we may withhold in our discretion. These terms of use give you no right to use any of our trademarks.

Publicity

You grant us the right to include your company's name as a customer on our website and other advertising and promotional materials. Within thirty business days after your written request, we will remove your company's name from the Snappy websites and we will cease to include the name in our other advertising and promotional materials.

Privacy

Your use of the Snappy service is governed by our Privacy Policy. (http://besnappy.com/privacy) By your use of the Snappy service, you consent to this policy.

No Warranties

WE OFFER AND SELL THE SNAPPY SERVICE ON AN "AS IS" AND "AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR OTHERWISE WITH RESPECT TO THE SNAPPY SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SNAPPY SERVICE OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY SECURE. WE DO NOT WARRANT THAT THE RESULTS YOU MAY OBTAIN FROM THE USE OF THE SNAPPY SERVICE WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS OF USE OR YOUR USE OF OR INABILITY TO USE THE SNAPPY SERVICE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

We will not be liable to you or any third party for any modification, suspension or discontinuation of the service or any of its parts.

In no event will we be liable for damages in contract, tort or otherwise in excess of the amounts we received from your subscription fees during the 12 months immediately preceding the claim.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that these limitations may not apply to you. IN THESE STATES, THE LIMITATIONS OF OUR LIABILITY DESCRIBED ABOVE WILL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Actions

In no event may you bring an action against us more than one year after the cause of action occurs.

Your Indemnity

You agree to defend, indemnify and hold us and our officers, directors, employees, shareholders and assigns harmless from any claim, demand, liability, loss, damage, cost and expense (including reasonable attorneys' fees) arising from or relating to: (i) your use of and access to the Snappy service or website; (ii) your breach of these Terms of Use; or (iii) your violation of any law.

We have the right to reject any settlement that might adversely affect us. We will give you timely written notice of any claim that may require indemnification and we will provide your reasonable assistance, at your expense. We reserve the right to participate in the defense, with counsel of our choice and at our own expense, of any action that may give rise to your obligation to indemnify.

No Transfer of Rights

You may not transfer your subscription or the license granted under these terms of use to any other person or entity.

Federal Government Users

U.S. federal government end users acknowledge that the Snappy service is a "commercial item" as that term is used in the Federal Acquisition Regulations and the Department of Defense Federal Acquisition Regulations and that we own all rights Snappy proprietary rights as described in these Terms of Use.

Notices

We may give notices to you by email, regular mail or overnight delivery service using the contact information you provide to us. You may notify us by any of the same methods at the address or email address indicated under the heading "Further Information" below.

Waivers

No delay or failure to exercise any right or remedy provided for in these Terms of Use will be deemed to be a waiver.

Severability

If any provision of these terms of use is held invalid or unenforceable, for any reason, by any arbitrator, court or governmental agency, department, body or tribunal, the remaining provisions will remain in effect.

Governing Law

These terms of use are governed by the laws of the Province of Ontario, Canada, without regard to Ontario's conflict of laws provisions.

Jurisdiction

Any claim or dispute between you and us that arises in whole or in part from your use of the Snappy service or this website that we cannot resolve amicably will be decided exclusively by a court of competent jurisdiction located in Ottawa, ON, Canada. Each party consents to the exclusive jurisdiction of such courts in any such action or proceeding.

Updated: 06-28-2015