Terms Last updated May 30, 2023

1. Acceptance of terms

These Terms of Use establish a legally binding agreement between you (whether personally or on behalf of an entity) and Snead GmbH ("Company," "we," "us," or "our") regarding your use of the website https://www.snead.app and any related media channels, including mobile websites and applications (collectively, the "Site"). Our registered office is located at Bahnhofstrasse 43, 59929, Brilon, Germany. The Site serves as an online marketplace for instructional content and remote lessons (the "Marketplace Offerings"). To ensure a secure environment for buying and selling on the Site, all users must accept and comply with these Terms of Use. By accessing the Site and/or the Marketplace Offerings, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these terms, you are expressly prohibited from using the Site and/or the Marketplace Offerings and must discontinue use immediately.

Additional terms and documents posted on the Site from time to time are incorporated into these Terms of Use. We reserve the right to modify or change these Terms of Use at our discretion, without specific notice to you. By continuing to use the Site after any revisions are posted, you are deemed to have accepted and agreed to the updated Terms of Use.The information on the Site is not intended for distribution or use in any jurisdiction or country where it would be contrary to law or subject us to registration requirements. If you access the Site from other locations, you do so at your own initiative and are responsible for compliance with applicable local laws. The Site is intended for users who are at least 18 years old. Users under the age of 18 are not permitted to access or use the Site or the Marketplace Offerings.

2. Intellectual property rights

Unless stated otherwise, the Site and the Marketplace Offerings are our proprietary property. This includes source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). We own or are licensed to use the Content and the Marks, which are protected by copyright, trademark, and other intellectual property laws of the United States and international conventions. The Content and Marks on the Site are provided "AS IS" for personal, non-commercial use. Except as explicitly allowed in these Terms of Use, you may not copy, reproduce, aggregate, republish, upload, post, display, encode, translate, transmit, distribute, sell, license, or exploit the Site, the Marketplace Offerings, or any Content or Marks for commercial purposes without our express written permission. If you are eligible to use the Site, you are granted a limited license to access and use the Site, as well as download or print portions of the Content for personal, non-commercial use. All rights not expressly granted to you in relation to the Site, the Content, and the Marks are reserved by us.

3. User representations

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) The registration information you provide is true, accurate, current, and complete. (2) You will maintain the accuracy of your registration information and update it promptly when necessary. (3) You have the legal capacity and agree to comply with these Terms of Use. (4) You are of legal age in your jurisdiction. (5) You will not access the Site or the Marketplace Offerings using automated or non-human means. (6) You will not use the Site for any illegal or unauthorized purposes. (7) Your use of the Site or the Marketplace Offerings will not violate any applicable laws or regulations.Providing false, inaccurate, outdated, or incomplete information may result in suspension or termination of your account and restrict your future use of the Site. You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purposes, including the sale or promotion of unauthorized products or adult content. Violations may result in immediate termination of your account and a lifetime ban from using the Site. We are a service provider and do not guarantee the safety, effectiveness, accuracy, availability, prices, ratings, reviews, or legality of any information on the Site or the Marketplace Offerings. The content on the Site is for informational and advertising purposes only, and we are not liable for any errors, omissions, or misrepresentations contained within it. We do not endorse or recommend any Marketplace Offerings.

4. User registration

To access the Marketplace Offerings, you may need to register an account on the Site. You are responsible for maintaining the confidentiality of your password and are liable for all activities carried out using your account. We reserve the right to remove, reclaim, or change any username that we consider inappropriate, obscene, or objectionable, at our sole discretion.

5. Marketplace offerings

We reserve the right to limit the availability or quantity of Marketplace Offerings on the Site. Descriptions and pricing of the Marketplace Offerings are subject to change without notice, at our sole discretion. We may discontinue any Marketplace Offerings at any time, and we do not guarantee that the purchased Marketplace Offerings will meet your expectations or that any errors on the Site will be corrected.

6. Purchases and payment

Accepted Payment Methods:

• Visa
• Mastercard
• American Express
• In-App Purchase

To make a purchase of the Marketplace Offerings through the Site or Mobile App, you must provide accurate and up-to-date account and payment information. It is your responsibility to promptly update this information, including email address, payment method, and payment card expiration date. We may add sales tax to the purchase price as required. Prices are subject to change at any time. By placing an order, you authorize us to charge your selected payment method for the total amount, including applicable fees and shipping costs. For recurring charges, you consent to automatic billing without requiring further approval for each transaction until you cancel the order. We reserve the right to correct any pricing errors, even after payment has been processed. We have the right to refuse any orders placed on the Site and may limit or cancel quantities purchased per person, household, or order. This includes orders placed using the same customer account, payment method, or billing/shipping address. We also reserve the right to reject orders from dealers, resellers, or distributors.

7. Refunds and Cancellations Policy

If you cancel a subscription before the end of your billing cycle, your subscription will remain active until the current cycle is completed. If you are not satisfied with your purchase, please contact us at johann@snead.app. We aim to address your concerns and provide a satisfactory resolution. Refunds for payments made within the past 30 days will be granted unless there is evidence of misuse of our refund policy to gain free access to our services.

8. Prohibited Activities

You may only use the Site for its intended purpose. Commercial use of the Site, except with our explicit endorsement or approval, is prohibited. As a user of the Site, you agree not to:

• Retrieve data or content from the Site in a systematic or automated manner without our written permission.
• Deceive or obtain sensitive account information from us or other users.
• Circumvent or interfere with security features of the Site or the copying of content.
• Disparage, harm, or tarnish our reputation or that of the Site.
• Harass, abuse, or harm any individuals based on information obtained from the Site.
• Misuse our support services or submit false reports.
• Violate applicable laws or regulations.
• Engage in unauthorized framing or linking to the Site.
• Upload viruses, spam, or any disruptive material.
• Use automated systems to interact with the Site or extract data.
• Delete copyright or proprietary rights notices.
• Impersonate another user or person.
• Use mechanisms to collect or transmit information without authorization.
• Interfere with the proper functioning of the Site or its networks.
• Harass or threaten our employees or agents.
• Attempt to bypass measures designed to restrict access to the Site.
• Copy or adapt the Site's software.
• Decipher, decompile, disassemble, or reverse engineer the Site's software.
• Launch automated systems that interfere with the Site's operation.
• Use buying or purchasing agents without permission.Engage in any unauthorized use that violates these Terms of Use.

9. User generated contributions

The Site may provide opportunities to contribute content, such as blogs, forums, or comments ("Contributions"). By making Contributions, you represent and warrant that:

• Your Contributions do not infringe upon any third-party rights.
• You have the necessary rights and permissions to grant us a license to use your Contributions.
• You have obtained consent from identifiable individuals appearing in your Contributions.
• Your Contributions are accurate, truthful, and not misleading.
• Your Contributions comply with applicable laws and regulations.

Your use of the Site in violation of these requirements may result in the termination or suspension of your rights to use the Site.

10. Contribution license

By posting Contributions or linking your social networking accounts to the Site, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, copy, distribute, publish, and modify your Contributions for any purpose, including commercial use. This license includes the right to sublicense and use your name, trademarks, and other identifying information. You retain ownership of your Contributions, and we are not liable for their content. We may edit or delete Contributions at our discretion without notice.

11. Guidelines for reviews

When leaving reviews or ratings on the Site, please adhere to the following guidelines:

• Only provide reviews based on your firsthand experience with the subject being reviewed.
• Avoid offensive, profane, racist, or hate language in your reviews.
• Refrain from making discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Do not include references to illegal activity in your reviews.
• Ensure that negative reviews are not posted by individuals affiliated with competitors.
• Do not make legal conclusions in your reviews.
• Avoid posting false or misleading statements.
• Do not organize campaigns to solicit positive or negative reviews.

We reserve the right to accept, reject, or remove reviews at our discretion. Reviews do not reflect our opinions or views, and we assume no liability for them. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free license to use, modify, translate, transmit, display, perform, and distribute the content of the review.

12. Mobile Application license

If you use the Marketplace Offerings via a mobile application, we grant you a limited, non-exclusive, non-transferable right to install and use the application on your electronic devices strictly in accordance with the terms of this license. You must not modify, reverse engineer, violate laws, remove notices, use it for unauthorized purposes, distribute it over networks, create competing products, engage in unauthorized queries or commercial email, or use our proprietary information without permission. Specific terms apply when using the mobile application from Apple Store or Google Play.

13. Social Media

By linking your account to third-party service providers, you grant us access to content stored in your accounts. You confirm that you have the right to disclose this information and that it does not breach any terms or conditions. Your relationship with the third-party service providers is governed by your agreement with them. We do not review social network content and are not responsible for it. You can deactivate the connection at any time.

14. Submissions

Any Submissions provided by you, including questions, comments, suggestions, or other information, become our property. We have the right to use and disseminate these Submissions without acknowledgment or compensation. You waive moral rights and warrant the originality of the Submissions.

15. Third-party websites and content

The Site may contain links to Third-Party Websites and display Third-Party Content. We do not investigate or monitor these external sources for accuracy or appropriateness. Your use of Third-Party Websites or Third-Party Content is at your own risk, and separate terms and policies apply. We are not responsible for any harm or losses resulting from such use.

16. Advertisers

The Site may contain links to Third-Party Websites and display Third-Party Content. We do not investigate or monitor these external sources for accuracy or appropriateness. Your use of Third-Party Websites or Third-Party Content is at your own risk, and separate terms and policies apply. We are not responsible for any harm or losses resulting from such use.

17. Site Management

We reserve the right, though not the obligation, to monitor the Site for violations of these Terms of Use. We may take legal action against any user who, in our sole discretion, violates the law or these Terms of Use. We have the right to refuse, restrict access to, limit availability, or disable any of your contributions or any portion thereof, as well as remove or disable files and content that are excessive in size or burdensome to our systems. Our goal is to protect our rights and property and ensure the proper functioning of the Site and the Marketplace Offerings.

18. Privacy Policy

We value data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

19. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon your copyright, please notify us immediately using the contact information provided below. Please note that making material misrepresentations in a copyright infringement notification may result in liability for damages. If you are unsure whether the material infringes your copyright, you should consider consulting with an attorney before submitting a notification.

20. Term and Termination

These Terms of Use remain in full force and effect while you use the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site and the Marketplace Offerings, terminate your account, and remove any content or information posted by you. If your account is terminated, you are prohibited from creating a new account under your own name or the name of any third party. We may also take legal action, including pursuing civil, criminal, and injunctive remedies.

21. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason without notice. We are not obligated to update any information on the Site. We may also modify or discontinue all or part of the Marketplace Offerings without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee the continuous availability of the Site and the Marketplace Offerings and may experience interruptions, delays, or errors due to various factors. We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during such interruptions or discontinuances.

22. Governing Law

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes will be resolved in accordance with the dispute resolution provisions outlined in Section 23.

23. Dispute resolution

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes will be resolved in accordance with the dispute resolution provisions outlined in Section 23.

24. Disclaimer

The Site and the Marketplace Offerings are provided on an "as-is" and "as-available" basis. We disclaim all warranties, express or implied, regarding the Site and the Marketplace Offerings. We do not warrant the accuracy or completeness of the Site's content or the content of any linked websites. We are not liable for any errors, mistakes, interruptions, viruses, or damages resulting from your access to or use of the Site or the Marketplace Offerings. We do not endorse or guarantee any products or services offered by third parties through the Site. You should exercise caution and use your best judgment when engaging in transactions with third-party providers.

25. Limitations of liability

In no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site or the Marketplace Offerings. This includes but is not limited to lost profits, lost revenue, loss of data, or other damages, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will, at all times, be limited to the amount paid by you to us during the six (6) month period prior to the cause of action arising. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitation may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

26. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Marketplace Offerings, breach of these Terms of Use, breach of your representations and warranties, violation of third-party rights, or any harmful act towards another user of the Site or the Marketplace Offerings. We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of these claims.

27. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings. While we perform regular backups, you are solely responsible for all data transmitted or related to your use of the Marketplace Offerings. We are not liable for any loss or corruption of your data, and you waive any right of action against us arising from such loss or corruption.

28. Electronic communications, transactions and signatures

By visiting the Site, sending us emails, or completing online forms, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records. You waive any rights or requirements under any laws that require an original signature, non-electronic records, or specific means of payment or delivery.

29. Miscellaneous

These Terms of Use, along with any posted policies or rules, constitute the entire agreement between you and us regarding the Site and the Marketplace Offerings. Our failure to enforce any right or provision in these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use are governed by the fullest extent of applicable law. We may assign our rights and obligations to others without notice. We are not liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us based on the fact that we drafted them. By accepting these Terms of Use, you waive any defenses based on the electronic form of the agreement and the lack of physical signatures.

30. Contact Us

If you need to resolve a complaint or seek further information about the Site or the Marketplace Offerings, you can contact us at the following address:

E-Mail:
johann@snead.app

Postal Address:
Snead GmbH
Bahnhofstrasse 43
59929 Brilon
Germany