Terms & Condition

Snelliot Inc.(“Snelliot”, “we” or “us”) provides a platform to enable clients (“Snelliot Clients”) to create and manage various mobile and/or web applications (“App” or “Apps”) as well as related support and hosting services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We provide a range of services, referred to as “Services” or “Service,” to our users. Our offerings include Snelliot Apps, web, and mobile applications that connect to IoT devices, allowing for seamless performance of various Internet of Things-related tasks and functions.

The use of our Services is contingent upon your agreement to comply with these Terms of Service as they are written. Your acceptance of these Terms of Service is demonstrated through your use of the Services, downloading of an App, or registration with us. Please note that these Terms of Service may be updated at any time without prior notice. Any changes made will only apply to future use of the Services and will not retroactively affect any past disputes or events. These Terms of Service apply to all users and visitors of our Services.

We prioritize the privacy and security of our users, as outlined in our Privacy Policy. By connecting to a third-party service (e.g., Facebook, Twitter, GitHub, Google), you give us permission to access and use your information from that service as permitted by the third party. You also agree to follow our Acceptable Use policy and DMCA policy.

Registration Requirements:

  • You must be at least 13 years old and legally capable of forming a binding contract.
  • You must have the authority to bind the legal entity (Snelliot Client) associated with your use of the Service.
  • You agree to be contacted through email, SMS, text messaging, and push notifications by us and relevant third parties regarding our Services.
  • You grant us permission to email you and display your profile information and other data you provide for public display.
  • By using the Service, you grant us and any of our service providers or providers permission to access your account and any messages, data, information, text, graphics, audio, video, or other material and content posted, uploaded, or transmitted through the Service.the Service using your account, to process and submit said material to End Users.

Devices

You are solely responsible and liable for your Devices, and for supporting the Devices. On each Device in which you use the Snelliot Service, you shall prominently display and comply with a privacy policy on such Device that includes a full, accurate and clear disclosure regarding Snelliot’s collection, use and distribution of personal information collected via the Snelliot Service in accordance with our Privacy Policy.

By using the Snelliot Services, you agree and guarantee that your device will not:

(i) Infringe upon any third-party rights, including but not limited to, copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights.

(ii) Violate any laws, regulations, or obligations imposed by any third party, including privacy laws.

(iii) Engage in harassing, abusive, tortious, threatening, harmful, privacy-invasive, vulgar, defamatory, false, misleading, trade libelous, pornographic, obscene, or offensive behavior, or promote racism, bigotry, hatred, or physical harm against any group or individual.

(iv) Be harmful to minors in any way.

(v) Contain any computer viruses, worms, or software intended to damage or alter a computer system or data.

(vi) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, text messages, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

(vii) Offer or promote services that may be damaging, disparaging, or detrimental to Snelliot, its licensors, licensees, affiliates, and partners.

Snelliot reserves the right to refuse to permit the use of its services with a particular device, at its sole discretion. In the event of such refusal, Snelliot will not be held liable and this agreement will remain in effect for any other device. This refusal does not terminate the agreement unless stated otherwise by Snelliot

Monitoring

By using the Snelliot Service, you consent to grant us reasonable access to your device and any related materials in order to verify your compliance with the terms of this agreement

Unauthorized Applications

You acknowledge that the Snelliot Services are not designed, intended, authorized, or warranted for use in certain high-risk or critical applications, including but not limited to: life support systems, nuclear facilities, aircraft navigation and communication systems, air and road traffic control, direct life support machines, weapons systems, military or space equipment requiring radiation-hardened components, and Enhanced 911 or E911 emergency calling systems.

By using the Snelliot Services, you agree not to use them for any unauthorized applications or purposes. You warrant that you will only use the Snelliot Properties in a manner consistent with their intended purpose and in compliance with all applicable laws and regulations.

Ownership

Snelliot retains full ownership and control over the Snelliot Services, including all related intellectual property rights. This agreement grants you a limited license to use the Snelliot Services as specified in the License Grant.

You acknowledge and agree that you have no ownership rights in the Snelliot Services, Software, or Brand Features and will strictly abide by all relevant proprietary rights laws, as well as any additional copyright notices and restrictions outlined in this agreement.

Snelliot does not claim ownership or control over your device or the content transmitted through it, with the exception of any Snelliot Services contained therein.

Brand Features

We grant you a non-exclusive, limited license to display our brand features, including our name, logos, and domain names, in your advertising and promotion of the Snelliot Services. When promoting your device, it is important to not imply that it was created or endorsed by Snelliot, but you may state the fact that it is used with the Snelliot Service.

However, you agree not to alter, obscure, or distort our brand features in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Snelliot. Any use of our brand features will accrue to the benefit of Snelliot and its goodwill.

You also agree not to challenge or assist others in challenging the brand features or their registration, or attempt to register any trademarks that are confusingly similar to any of our brand features.

To ensure proper use of our brand features, please send us a copy or image of any media releases or advertisements that include our brand features by emailing us at hello@snelliot.com

Marketing

We may publicly refer to you, orally or in writing, as a Snelliot Properties licensee of Snelliot (including in a directory of our developers) and we may publish your name and logo on the Snelliot website or promotional materials without prior written consent. You grant us all necessary rights and licenses to do so.

Support and Upgrades

We may offer you support, upgrades, or modifications for the Snelliot Services, in accordance with our Service Level Agreement, which can be found at http://snelliot.com [Plans]. Any support provided by us will be deemed part of the Snelliot Services, and as such, will be subject to the terms of Section (Disclaimer and Liability) and Section (Indemnification). We reserve the right to terminate this support or modification at any time without prior notice or liability to you. You acknowledge that you are solely responsible for providing user support and technical assistance for your Device. We may direct users and potential users of your Device to your email on file for general inquiries and support questions.

Independent Development

You acknowledge that Snelliot may independently develop applications, content, and other products that may be similar or competitive to your Device and content, without any restrictions or obligations to you. If you choose to provide us with any feedback or suggestions related to our Snelliot Services, you grant us the right to use, implement, and exploit the feedback in any manner, without restriction, obligation of confidentiality, attribution, compensation, or any other duty to account.

Commercial Use

The only legal way to use Snelliot products and services for commercial purposes is through a paid licensing subscription plan, which can be found at http://snelliot.com [Plans]

Payment and Refund Terms

Upon creating your account and selecting your monthly or annual plan, you will be responsible for paying the applicable fee for the Snelliot Services (Service Subscription Fee). All fees for the Snelliot Services are non-refundable, except as stated in this Agreement. Your subscription will automatically renew on the Subscription Renewal Date, at the then-current price for the subscription, unless you cancel prior to the Renewal Commencement Date. In the event of cancellation, you will not be eligible for a prorated refund of the subscription fee.

All fees exclude taxes, levies, or duties imposed by taxing authorities, and you are responsible for paying all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Snelliot income.

For users of our White Label service, Snelliot will use commercially reasonable efforts to have the application approved by the relevant providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. In the event that the application is denied by the provider, we will notify you and work with you to make the necessary changes for further approval. Refunds related to the app review process are not available.

If invoiced, payment is due upon receipt. The prices for our Services may change with a minimum notice of 30 days, which may be provided through the Service or by posting the changes on our website. You agree to pay all fees and charges to your account, as per the applicable billing terms in effect at the time of payment.

Responsibility for User Content (DMCA Policy)

We value the rights of third-party creators and content owners and expect our users to do the same. Due to the nature of our Service and the amount of information submitted, we cannot monitor all Materials posted or transmitted by users and other third-party information providers. By using our Service, you acknowledge that we will not be liable for any Materials and we reserve the right to review, reject, remove, modify, or edit any Materials at any time, without liability or notice to you. We also reserve the right to remove any User Content that we believe violates our Terms of Service or Acceptable

Use Policy.

In response to claims of intellectual property infringement, we have a policy to promptly investigate and take necessary actions as per the Digital Millennium Copyright Act (DMCA) and other intellectual property laws. To file a claim, you must send a written notification to our Designated Agent at contact@snelliot.com that includes the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner

• Identification of the copyrighted work claimed to have been infringed

• Identification of the infringing material and information to locate it

• Contact information of the complaining party, such as an address, telephone number, and email address

• A statement that the complaining party has a good-faith belief that the use of the material is not authorized by the copyright owner or the law

• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner

Acceptable Use Policy

The following activities are prohibited on or through our Service:

• Submitting Materials that promote racism, bigotry, hatred, or physical harm of any kind against any group or individual

• Engaging in activities that could harm minors

• Harassing or advocating harassment of another person

• Transmitting junk mail, unsolicited mass mailing, or spam, or harvesting or collecting personally identifiable information without consent

• Promoting false, misleading, or illegal information or conduct that is abusive, threatening, obscene, defamatory, or libelous

• Submitting Materials that contain restricted or password-protected pages or hidden pages or images

• Displaying pornographic or sexually explicit material

• Providing instructional information about illegal activities

• Submitting Materials that contain viruses, malware, or other forms of security threats

• Solicitation of passwords or personally identifiable information for unlawful purposes

• Engaging in unauthorized commercial activities or sales without prior written consent

• Using automated devices to monitor, copy, or scrape web pages or content contained in the Service without prior written consent

• Interfering with the proper functioning of the Service through the use of software or devices

• Decompiling, reverse engineering, or disassembling the software

• Taking any action that imposes an unreasonable or disproportionate load on the Service or its infrastructure

You covenant and represent that you will only use the Service for personal purposes and in compliance with the law and these Terms of Service. Although we are not obligated to monitor User Content, we may remove any content that we consider offensive, objectionable, unlawful, or in violation of these Terms of Service.

Sharing Your Content

By using our Service, you grant us a limited license to operate, promote, develop, and improve our Services. You retain all rights to the Materials you post on our Service, except as specifically agreed in writing signed by us. Users can post and share various content on the Service, as they choose.

Terms of Service for Mobile App Acquired from iTunes and Google Play

iTunes-Sourced Software:

You agree that these terms of service are solely between you and the company and that Apple has no responsibility for the iTunes-Sourced Software or its content. Your use of the software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any maintenance or support services for the iTunes-Sourced Software.

Google Play Sourced Software:

You agree that these terms of service are solely between you and the company and that Google has no responsibility for the Google Play Sourced Software or its content. Your use of the software must comply with the Google Play Terms of Service. You acknowledge that Google has no obligation to provide any maintenance or support services for the Google Play Sourced Software.

Representations, Warranties, and Indemnification:

You represent and warrant that:

  1. You have the necessary authority and rights to submit materials and grant the licenses described in these terms of service.
  2. The materials are accurate, current, and complete.
  3. The materials and your use of the service will not infringe or misappropriate any intellectual property rights or violate any other rights of third parties.
  4. Your use of the service will not violate any applicable laws or regulations or cause injury to any person.
  5. Your use of the service will not violate any agreements between you and a third party.

You agree to indemnify, defend, and hold harmless the company and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses arising from or related to:

  1. The materials you provide or approve for publication.
  2. Your use of the service.
  3. Your breach of these terms of service.
  4. Any actual, prospective, completed, or terminated transaction between you and a third party.

Disclaimers and Limitations:

The information contained in the service may contain errors and is intended to be accurate and reliable. The company may issue updates to the service that may add, modify, or remove features. These updates may be launched automatically with little or no notice, although the company may make reasonable efforts to notify you in advance of an update.

THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $99.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

Errors and Delays

We cannot be held responsible for any errors, delays, or other technical issues that are beyond our control and reasonable efforts to resolve.

Termination and Cancellation

You are solely responsible for cancelling your subscription, which can be done in your account settings or by submitting a written request to hello@snelliot.com. Cancellations made by phone or sent to any other email address will not be considered valid. If you choose to cancel your subscription, your account will still have basic access and functions until the end of the subscription term. For example, if you subscribed to a one-event app on March 1st and then cancelled the subscription on November 1st, you would still have access to the app’s information until February 28th.

For White Label Users:

Upon cancellation of the Service, your Dedicated Cloud Server will be turned off within 14 business days. All Devices will lose connection to the server and all data stored on the server will be deleted without notice. If you need to export the data, you must send a written request to contact@snelliot.com and ensure its delivery to us.

You may cancel your entire account by following the instructions in our documentation or contacting us at contact@snelliot.com You may also choose to delete individual apps, however, underlying app data may not be recoverable. We reserve the right to terminate your access to the Service at any time, without prior notice, for any reason, including breach of these Terms of Service, violations of other User’s rights or the law. You may unsubscribe from any further communication from us at any time by sending a written request to contact@snelliot.com

Arbitration

In the event of any dispute, claim, or controversy arising under this Agreement, it will be resolved through binding arbitration with a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). In case of any conflict with this section, this section shall take precedence. The arbitrator will be selected within 20 business days of the start of arbitration from the AAA’s National Roster of Arbitrators, either through agreement or selection procedures administered by the AAA. Within 45 days of initiation of arbitration, the parties must agree upon and follow procedures that will ensure the arbitration is completed and the award is rendered within no more than 8 months from the selection of the arbitrator. If agreement cannot be reached, procedures will be designed by the AAA and followed by both parties.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Intellectual Property

The Site and Service, including their unique design and appearance, are protected under the copyright, trademark, and other laws of the India and other countries. Snelliot holds the exclusive rights, ownership, and interest in the Site and Service, including all related intellectual property rights. Reproduction or reuse of any part of the HTML/CSS or visual design elements of the Site or Service without written consent from Snelliot is prohibited.

General Terms

You agree that:

  1. The Service is based solely in India.
  2. The Service is a passive website and does not give rise to personal jurisdiction over Snelliot in jurisdictions other than India.
  3. The Terms of Service, together with the Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Snelliot and supersede any prior written or verbal representations.
  4. Any legal action arising from or related to the Service must be initiated within one (1) year of the cause of action accruing, otherwise, the cause of action will be permanently barred.
  5. These Terms of Service may not be transferred or assigned by you, but can be assigned by Snelliot without restriction. Any attempt to transfer or assign in violation of these terms will be considered null and void.
  6. The internal substantive laws of the India, without respect to its conflict of laws principles, will govern these Terms of Service.
  7. Snelliot reserves all rights not expressly granted in these Terms of Service.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE, PLEASE DISCONTINUE THE USE OF OUR SERVICE IMMEDIATELY.

Last Updated on Feb 8, 2023