These terms and conditions have been translated automatically. For the legally binding version, please read the German version.
Last change: 01.01.2021
1 Scope, Definitions
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between snaatch GmbH, Siemensstraße 24, 72336 Balingen, Germany, e-mail: firstname.lastname@example.org (hereinafter referred to as “snaatch” or “we” ) companies / commercial customers pursuant to § 14 BGB (German Civil Code) (hereinafter both referred to as “User”) regarding the use of the offered services (hereinafter referred to as “Product”, “Service” or “Package”) via our website snaatch as well as via one of our Apps.
(2) Conflicting, deviating or supplementary contractual terms and conditions of users that conflict with these GTC shall not apply. Such contractual terms and conditions shall only apply if we as snaatch expressly agree to them at least in text form.
2 Establishment of the Contractual Relationship via a snaatch User Account by Registration
(1) Natural persons over 18 years of age or legal entities can register for the use of the product. The registration of a legal person can only be done by a person authorized to represent the legal person, who has to be named. Without a user account, no use or booking of subscriptions or services is possible.
(2) The snaatch user account can be created and also deleted by each user himself. During registration we ask for the full name, address, company or artist name as well as e-mail address of the user and ask for a self-selected password.
(3) At the end of the registration process, the User applies for the opening of a snaatch user account by clicking on the corresponding button and agreeing to our additional terms and conditions. We accept the application to open a user account by sending the user an e-mail with a confirmation link. This concludes the contract for a user account. With the activation of the confirmation link by the user, the user account is immediately activated.
3 Establishment of a contractual relationship by booking a test phase
(1) If you already have a snaatch user account, you can book a free trial period and choose which service package you would like to test. By clicking the button “Test now for free” the user applies for the conclusion of a corresponding free user contract.
(2) The free usage contract comes into effect with the sending of our confirmation email and the activation of the test account.
(3) After expiration of the test phase, the free user contract ends without automatic extension into a paid subscription and the test account is closed. The photos and video uploaded by the user during the test phase will be stored for another 30 days. Any other use is no longer possible. The user must actively book a paid subscription under the supplementary validity of our GTC. In the subscription settings, the user can convert the free trial use into a paid subscription within the trial period by clicking on the “Extend now with costs” button. At the same time, the online payment service Stripe or PayPal will be notified about the new customer and the service package selected by him. Payment begins after the end of the trial period.
(4) The contract shall be concluded in German.
4 Booking subscriptions (packages)
(1) With an already existing snaatch user account the User may book chargeable services (Packages) in the form of a subscription.
(2) After creating the snaatch user account according to § 2 or in case of an already existing user account via the section “Subscription” the User will receive an overview of the bookable Packages.
(3) If the User already has a Subscription, he/she will receive both an overview of all Subscriptions to which he/she can switch or which he/she can book, the display of the booked storage space volume as well as the possibility to increase or decrease the storage space and to add up to three Users depending on the Package for a fee. . He can use the “Switch now” or “Add now” buttons to select the desired package, the additional services and the respective contract term.
(4) The user is then taken to the order overview page, where he can make any corrections or, after confirming his agreement to the General Terms and Conditions and his acknowledgement of the cancellation policy, complete the order by clicking “Order now with costs”.
(5) By completing the order process, the user makes a binding offer to us to conclude a contract for the use of the booked subscription/package purchase based on these GTC. We can accept such an offer by requesting the user to pay for the service by credit card or PayPal by forwarding the user to the online payment service Stripe or PayPal. This concludes the contract for the fee-based provision of the ordered service (hereinafter also referred to as “fee-based user contract”).
(6) Immediately after conclusion of the fee-based usage contract and payment of the remuneration, the user will receive an e-mail from us with a confirmation link. By clicking on the link, the booked subscription/package is activated.
(7) Clause 3 para. 4 shall apply accordingly.
5 Rights of use to contractual services
(1) By using the contractual service, we grant the user a simple, non-transferable, non-sublicensable right to use the service for its intended purpose for the agreed contract term and the number of users booked. Furthermore, we grant the user the simple, non-transferable right for the agreed contractual term to make his own uploaded photos and videos publicly accessible on the self-created presentation website (own media portal) and to download them by his customers.
(3) The right of use ends with the expiration of the contract period. The User may only continue to use the service after concluding a new usage contract with a new subscription/package to be selected.
(4) At no time does the User have a right of ownership to the product provided by us, as this is exclusively a right of use to this service limited to the term of the contract.
(5) We are granted the right to store the content provided by the user in our file system and/or database and to reproduce, edit, distribute, transmit and make it accessible to the user within the scope of the user agreement concluded with the user. At no time do we adopt the contents as our own or raise any claims for use beyond this.
6 Remuneration, Term, Termination, Discontinuation of Services, Changes GTCs
(1) The services can be booked for a specific term to the extent stated on the subscription page.
(2) The prices for the use of the contractual services are net plus the statutory value added tax applicable in Germany at the time of provision.
(3) The remuneration is due for payment without deduction immediately after conclusion of the contract. Payment of the remuneration shall be made by credit card via the online payment service Stripe used by us.
(4) The booked subscriptions can be cancelled online via the snaatch user account by clicking the button “Cancel Subscription”. The User has the option to cancel individual components of the subscription (User or storage space) or the entire subscription. If the contract for a paid subscription is not terminated by one party at least 14 days before the end of the agreed four-week or annual contract period, it shall be extended in each case by the length of the booked contract period. The timeliness of the termination depends on the receipt of the notice of termination by us. The contract for the free trial period shall end automatically 30 days after the conclusion of the contract without the need for termination.
(5) This shall not affect the right to terminate the contract without notice in the event of good cause. An important reason is in particular a delay in payment of more than 14 calendar days, a copyright infringing, illegal or other misuse of the services.
(6) We are entitled to make changes to the provisions of these GTC. The user will be notified of changes by e-mail at least 6 weeks before they come into force. If the user does not object to such changes within 4 weeks after receipt of the notification, at least in text form, the changes shall be deemed agreed. In the event of an amendment to the GTC, the User shall be informed separately in the e-mail of the right to object and the legal consequences of silence. In the event of a timely objection by the user, we are entitled to terminate the contract concluded with the user extraordinarily within a period of two weeks. Adjustments to the GTC that include functional enhancements, linguistic corrections, clarifications or reformulations without changes in content or legal changes do not constitute changes within the meaning of this provision in paragraph 6.
7 Rights and duties of the user
(2) The user is entitled to pass on the right to use the contractual services to the number of users booked for the agreed term. The user is not permitted to grant other third parties access to the services made available to him in accordance with the contract without our prior consent. The user shall ensure that the authorized other users use the contractual services in accordance with the provisions of this contract and shall bear the responsibility for any violation of this contract by a use attributable to him.
(3) The user guarantees not to misuse the services and thus to comply with the legal provisions, in particular not to violate existing law of the Federal Republic of Germany. Misuse occurs when components of the services made available for use via our website or apps are used for illegal purposes, insofar as content and/or statements that are illegal, in particular with insulting, violence-glorifying, discriminatory or pornographic content are published, transmitted or otherwise disseminated. In order to exclude improper use, the user must also ensure that he/she does not violate any legal regulations or the rights of third parties (e.g. violation of copyrights and trademark rights, violations of personal rights, and competition violations) by transmitting content (texts, images, photos, videos, names, brands, etc.).
(4) User activities aimed at rendering the services of the product functionally inoperable or at least making their use more difficult are prohibited and may be prosecuted under civil and criminal law. In particular, measures that may influence the physical and logical structure of the contractual services are prohibited.
(5) In case of misuse of his snaatch user account the user is obliged to indemnify us from all claims of third parties which are asserted against us in this context. Furthermore, the User shall protect his access to his snaatch user account against unauthorized use by third parties and keep his password secret. The User shall be liable for any unauthorized use of his account made possible by his conduct, to the extent he is at fault. The User shall notify us immediately if he has reasonable grounds to suspect that his snaatch user account has been misused.
(6) It is the User’s responsibility to back up the data on the terminal device used via personal password.
(7) Furthermore, the User is obliged to notify any change of the address data used for the order by updating the User Data.
8 Scope of services / rights and obligations of snaatch
(1) The transfer point for our contractual services is the router exit to the Internet of the data center used by us. The connection of the User to the Internet, the maintenance of the network connection as well as the procurement and provision of the hardware and software required on the User’s side are not part of the services owed by us.
(2) The respective current scope of functions is listed in their current service description on our website. Due to the use of different and outdated web browsers, the visual presentation of our services may differ. We recommend that the user use the current web browser version of his provider (e.g. Google Chrome, Apple Safari or Mozilla Firefox) for optimal visual presentation.
(3) We ensure that the data stored by the user can be accessed via the Internet. We only owe the provision of storage space.
(4) The availability of the respectively booked paid subscriptions is 99% on an annual average. We do not guarantee that the product and its services will be available and free of defects at all times in the case of a free-of-charge usage contract. Adjustments, installation of new program versions, changes and additions to the chargeable services covered by the contract, as well as measures that serve to determine and remedy malfunctions, will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(5) We reserve the right to disclose user information in special cases when we have reason to believe that the disclosure of such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) rights or property of us, or who may be causing injury to or interference with (either intentionally or unintentionally) other users of the Site or others through their conduct.
(6) We do not adopt the third-party content posted by users as our own. If we become aware of illegal content, we will delete it immediately.
(7) In the event of a violation of these GTC or the justified suspicion of a violation by a user, we are entitled to exclude the respective user from use and, if necessary, to immediately delete the content used by or addressed to him. We will send the user a warning with a reasonable deadline before excluding him from use, unless the violation is so serious that we cannot reasonably be expected to continue the contract of use and it can be terminated for cause.
(8) As long as we are prevented from rendering performance by an unforeseen event which we cannot avert even if we exercise reasonable care, in particular in the event of natural disasters, energy supply or operational disruptions, official intervention, statutory prohibitions, pandemics, epidemics, labor disputes or other cases of force majeure, the performance periods shall be deemed to be extended by the duration of the hindrance and by a reasonable start-up period after the end of the hindrance (“hindrance to performance”). There shall be no breach of duty for the duration of the impediment to performance. We shall notify the user of such hindrances to performance and their expected duration without delay. As long as we are unable to provide contractual services due to force majeure, the user is also released from the obligation to perform. If the force majeure lasts uninterruptedly for more than two months or if it becomes impossible for us to provide services in cases of force majeure, the user and we shall be released from the respective service obligations owed.
(9) The data traffic originating from snaatch (e.g. through downloads or presentations) and consumed during conversion is limited for each package. The data volume limit for outgoing data traffic and conversion bandwidth is a flat rate of 50GB. The traffic of the subscription is monitored by snaatch and when the limit is reached, all traffic for the subscription is stopped. If the User needs more data volume, he can contact snaatch support and get an offer for an increase of the limit.
(10) Excluded from warranty are performance defects for which snaatch is not responsible.
(11) snaatch GmbH is entitled to name customers or users as reference during the term of the contract.
9 Warranty (removal of defects) of the chargeable contractual services provided by us.
(1) Elimination of material defects in the case of fee-based contracts of use
a. In the case of fee-based contracts of use, we guarantee that the services meet the agreed requirements when used in accordance with the contract and are not afflicted with material defects (hereinafter referred to as defects in lit. a - d)) that prevent or reduce use, as well as the suitability and usability of the service for the intended use and the freedom of the granted right of use from the rights of third parties when used in Germany. The rights of the User in the event of defects of title shall be determined in accordance with the provisions in para. 2).
b. The user must report defects to us without delay, giving a detailed description of the effects of the respective defect (notice of defect).
c. In the case of justified notices of defect, we shall remedy the defects within a reasonable period of time after receipt of the notice of defect by subsequent performance at our discretion. In the case of defects that only insignificantly impair the use of the contractual services, we may temporarily provide a workaround solution.
d. If we are unable to remedy the defect even in the second attempt after another reasonable period of time, the user may reduce the agreed four-week/yearly payment on a pro-rata basis for the times during which the contractual services were not available to the agreed extent. The right to a reduction is limited in amount to the four-week/yearly remuneration for the defective contractual service. In the event of significant defects, the user is entitled to extraordinary termination of the service component.
e. Claims of the user due to defects of the contractual service do not exist, as far as a defect is based on the fact that a contractual service has been changed by the user without authorization, due to faulty use, unsuitable equipment or due to special external influences, which are not presupposed according to the contract, as well as in case of non-reproducible software errors.
(2) Subsequent performance in the event of defects of title
Subsequent performance in the event of defects of title shall be effected by us providing the user with a legally unobjectionable opportunity to use the contractual service concerned. We may replace the affected contractual service with an equivalent contractual service that complies with the contractual provisions, unless this is unacceptable to the user. If third parties assert property rights against the user, the user must inform us immediately in writing. The user may not acknowledge the claims of third parties on his own initiative. We shall defend the justified claims against the user at our own expense and indemnify the user against all reasonable costs and damages associated with the defense of the claim, insofar as these defects of title are not based on conduct by the user in breach of duty.
(1) Claims of the user for damages in case of intent and gross negligence
a. We shall be liable to the user in accordance with the statutory provisions insofar as the user asserts claims for damages or reimbursement of expenses which are based on intent on our part, in cases of culpable injury to life, limb or health or in the case of claims under the Product Liability Act. This shall also apply in the event of fraudulent concealment of a defect or an exceptional written guarantee of quality pursuant to § 443 BGB.
b. In the event of gross negligence, we shall be liable in the amount of the foreseeable damage that was to be prevented by the breached obligation.
(2) Claims of the user for damages in case of slight negligence
a. In the case of an existing free-of-charge usage contract, our liability towards the user is excluded in the case of damage caused by slight negligence.
b. If a user contract with costs exists with the user, we are liable to the user for damages and reimbursement of expenses if we have violated an essential contractual obligation through slight negligence. Material contractual obligations are those which arise from the nature of the contract and which are of particular importance for the achievement of the purpose of the contract. Our liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected. Our liability is limited to a maximum of the annual fee. Otherwise, liability for other damages caused by slight negligence and for loss of profit, additional personnel costs for the customer, loss of use and/or loss of sales shall be excluded.
(3) Insofar as our liability is excluded or limited in accordance with the above, this shall also apply to the liability of our executive bodies as well as of vicarious agents and assistants, in particular employees.
11 Contract text storage
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text including your previous orders via our user login in your snaatch user account.
12 Notes on data processing
We will comply with all applicable data protection regulations - in particular the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act - in the course of fulfilling the contract. Details on data processing and the rights of data subjects can be found in the data protection declaration, which is available in printable form on our website at any time via the “Data Protection” button.
13 Offsetting and retention rights
(1) The user shall only have the right to offset if his counterclaims have been legally established, are undisputed or have been recognized by us. The user shall also be entitled to set-off against our claims if he asserts notices of defects or counterclaims arising from the same contract of use.
(2) The user shall be entitled to exercise a right of retention insofar as the counterclaim on which he bases his right of retention is undisputed, legally established or ready for decision and is based on the same contractual relationship.
14 Final provisions
(1) In the case of customers who are merchants, a legal entity under public law or a special fund under public law, who do not have a general place of jurisdiction in Germany or who move their place of residence abroad after conclusion of the contract or whose place of residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all contracts concluded under these General Terms and Conditions shall be the court in Balingen which has jurisdiction for us.
(2) The place of performance shall be Balingen.
(3) These GTC and contracts concluded between you and us on the basis of these GTC shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(4) Claims of the user can only be assigned with our consent.
(5) Verbal subsidiary agreements, amendments or supplements to the contract of use and the GTC must be made in text form to be effective. This shall also apply to this formal requirement. Amendments that do not comply with this formal requirement shall be invalid. The validity of individual agreements, regardless of their form, shall remain unaffected by this clause.
(6) Should individual provisions of the user agreement including these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.