Terms of use
Omnibus Pricing Application Terms of Use
Below is an up-to-date terms of use for Sniffie Omnibus Pricing Application (“the Omnibus App”). It was last updated on the 9th of February 2024.
1. Agreement to terms
2. User representation
3. User registration and account terms
4. Privacy policy
5. Free trial
6. Fees and payment
7. Cancellation, refund policy and uninstallation
8. limitations of liability
9. User data
10. Intellectual property rights
11. Prohibited use and activities
12. Modifications and interruptions
13. Corrections
14. Governing law
15. Dispute resolution
16. User reviews
17. Customer references
18. Miscellaneous
19. Contact information
1. AGREEMENT TO TERMS
These Terms of Use (“terms of use”, “agreement”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Sniffie Software, Inc. (“Company”, “us”, “we”, “our”) concerning your access to and use of the Sniffie: Omnibus Pricing Application (“Pricing Application”) installed via BigCommerce (later: Platform). Sniffie Software (VAT number 2709148-3) is registered in Finland with its office at Valimotie 17-19, Helsinki, Uusimaa 00380.
Carefully read these Terms of Use before the installation and use of the Pricing Application owned by Sniffie Software. By installing the Pricing Application, you indicate you have read and understand these Terms of Use and agree to abide by them at all times. If you do not want to comply with the terms of this Agreement, you are prohibited from installing and using the Pricing Application.
These Terms of Use shall remain in full force and effect while you use the Pricing Application. We reserve the right, in our sole discretion, to change or modify the Terms of Use from time to time. We alert you about any changes by updating the “Last Updated” date of the Terms of Use and you waive any right to receive specific notice of any such change. Please ensure you check the applicable terms every time you use the Pricing Application to understand which terms are applied at a given time. You will be subject to and deemed to have been made aware of and to have accepted the changes of the Terms of Use by your continued use of the Pricing Application after the date such revised Terms of Use are posted.
The information provided on the Pricing Application is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws or regulations, or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, persons who choose to access the Pricing Application from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.
The Pricing Application is intended for users who are at least 18 years of age and have the legal capacity to understand and comply with the Terms of Use.
2. USER REPRESENTATION
By installing and using the Pricing Application via the Platform, you guarantee that the information you submit is true, accurate, current, and complete. Furthermore, you guarantee you maintain the accuracy of such information and promptly update such registration information as necessary.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Pricing Application.
3. USER REGISTRATION AND ACCOUNT TERMS
To access and use the Pricing Application, you must register for a Platform account according to the Terms of Service of the Platform.
4. PRIVACY POLICY
We care about data privacy and security, please review our Privacy Policy. By using the Pricing Application, you agree to be bound by our Privacy Policy, which is incorporated into the Terms of Use.
5. FREE TRIAL
We offer a 14-day free trial to new users upon the creation of an account and installation of the Pricing Application. The 14-day period commences on the day when the subscription is approved according to the Terms of Service of the Platform. We reserve the right to modify the period of the free trial. If we decide to do so, the new period of the free trial will not affect the period of the free trial of existing users of the Pricing Application.
6. FEES AND PAYMENT
After the expiration of the 14-day free trial, the fee for the use of the Pricing Application is as described in the Pricing Application listing in the Platform’s App Store. The Pricing Application subscription confirmed by the user, will be charged according to the platform provider’s terms and processes, with regards to any and all free trials that may be included. Subscription fee is billed in 30-day intervals, or annually if chosen by the user, and such is provided.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received a payment.
7. CANCELLATION, REFUND POLICY AND UNINSTALLATION
You have the freedom to cancel and uninstall your Pricing Application account at any time by logging into your Platform account and uninstalling the application according to the Platform app uninstallation procedure. Cancellation takes effect according to the terms and processes provided by the Platform.
We do not offer any refunds for the monthly or annually charged subscription in any case whatsoever.
If you decide to reinstall the Pricing Application, the subscription fee is applicable as defined in this agreement.
If you are dissatisfied with the Pricing Application, kindly email us at [email protected].
8. LIMITATIONS OF LIABILITY
Your use of the Pricing Application is at your sole risk. The Pricing Application is provided on an “as is” and “as available” basis without any warrant or condition, express, implied or statutory.
You understand and agree that in no event will we be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Pricing Application or these Terms of Use (however arising, including negligence).
You understand we will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
You agree we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Pricing Application during any downtime or discontinuance of the Pricing Application.
You understand and agree that we will not be liable for any claim or demand made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the right of a third party.
You will be responsible for any breach of the Terms of Use by your agents and will be liable as if it were your own breach.
9. USER DATA
We maintain certain data you transmit to the Pricing Application for the purpose of managing the performance of the Pricing Application, as well as data relating to your use of the Pricing Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit that relates to any activity you have undertaken using the Pricing Application. You agree we have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
We use your product related data, which is only shown to you, to create specific analytics of your account, to forecast future events, to model useful associations, to identify insightful patterns from the data and to display information of the products. In addition, we use your product related data to develop new features, and this information is solely shown to us.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Pricing Application, you agree that we can use and share such feedback for any purposes without any compensation to you.
10. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Pricing Application is our proprietary property. Names, logos, source code, databases, functionality, software, designs, audios, videos, texts, photographs, and graphics on the Pricing Application (collectively “the content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned and/or controlled by us or licensed to us and are protected by the Finnish Copyright Act (tekijänoikeuslaki 404/1961) and the Finnish Trade Marks Act (tavaramerkkilaki 544/2019). The Content and the Marks are provided on the Pricing Application “as is” for your information and personal use only. Unless otherwise provided in the Terms of Use or without our express prior written permission, no part of the Pricing Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
Provided your eligibility to install and use the Pricing Application, you are granted a limited right to access and use the Pricing Application, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Pricing Application, the Content, and the Marks.
11. PROHIBITED USE AND ACTIVITIES
You may not access or use the Pricing Application for any purposes other than those we have made the Pricing Application available for. The Pricing Application may not be used in connection with any commercial endeavors unless specifically endorsed or approved by us.
As a user of the Pricing Application, you agree not to access the Pricing Application or monitor any material or information from the Pricing Application through automated or non-human means whether through a robot, spider, scraper or otherwise.
You agree not to use the Pricing Application for any illegal or unauthorized purpose. You guarantee your use of the Pricing Application will not violate any applicable laws or regulations. You agree not to hack or tamper with the Pricing Application.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Pricing Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Pricing Application. We also reserve the right to modify or discontinue all or part of the Pricing Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Pricing Application.
Although we do our utmost best, we cannot guarantee the Pricing Application will be available at all times. We may experience hardware, software, or other difficulties or need to perform maintenance tasks related to the Pricing Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Pricing Application at any time or for any reason without notice to you.
Nothing in this agreement will be construed to obligate us to maintain and support the Pricing Application or to supply any corrections, updates, or releases in connection therewith.
13. CORRECTIONS
There may be information on the Pricing Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Pricing Application at any time, without prior notice.
14. GOVERNING LAW
The conditions of this agreement are governed by and interpreted following the laws of Finland. Any legal claims must be submitted to the exclusive jurisdiction of the courts of Finland.
15. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim (each “Dispute”, collectively the “Disputes”) related to this agreement brought by either you or us (a “Party” and collectively the “Parties”), the Parties agree to first attempt to negotiate any Disputes informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any Dispute arising from the relationship between the Parties to this agreement shall be determined by sole arbitrator. The arbitration proceedings will follow the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be in Helsinki and the proceedings shall be conducted in Finnish. Applicable rules of substantive laws shall be the law of Finland.
The parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, i) no arbitration shall be joined with any other proceeding; ii) there is no right or authority for any Dispute to be arbitrated on a class-action or to utilize class-action procedures; and iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16. USER REVIEWS
We provide specific areas on the Pricing Application for you to leave reviews or ratings. We reserve the right to accept, reject or remove reviews in our sole discretion. We have no obligation to screen reviews or to delete reviews, even if consideration regarding the objectionability or inaccuracy of the review is raised. Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any reviews. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, and assignable right to reproduce, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
17. CUSTOMER REFERENCES
Unless specifically requested otherwise by informing us, you acknowledge and agree that we reserve the right to use your account and user experience with the Pricing Application as a customer reference for marketing and promotional purposes. This may include, but is not limited to, featuring your company name, logo, and testimonial in our marketing materials, website, and other promotional activities. Your continued use of the Pricing Application implies consent to such usage unless you explicitly opt-out by contacting us through the provided email address.
18. MISCELLANEOUS
These Terms of Use posted by us in respect to the Pricing Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or condition of this agreement shall not operate as a waiver of such right or provision. If any condition or part of a part of a condition of this agreement is determined to be unlawful, void, or unenforceable, that condition or part of the condition is deemed severable from the agreements and does not affect the validity and enforceability of any remaining conditions. You agree that the Terms of Use will not be construed against us by virtue of having drafted them.
19. CONTACT INFORMATION
To resolve a complaint, to submit feedback or a suggestion, or to receive further information regarding the Pricing Application or the use of Pricing Application, please contact us at:
Sniffie Software, Inc.
Valimotie 17-19
Helsinki, Uusimaa 00380
Finland