Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Illotros GmbH, the operator of SnowHaze. * Country refers to: Switzerland * Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. * Service refers to the Website snowhaze.com, the iOS App SnowHaze, the SnowHaze VPN, the SnowHaze VPN Client, and the SnowHaze Extension for Firefox. * Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. * Website refers to SnowHaze, accessible from Snowhaze.com * You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Usage Policy and Prohibited Activities
The Service cannot be used for activities prohibited by Swiss law. To protect its services from being misused, abused or being used to harm someone, the Company enforces some rules which apply to every user equally, regardless of the type of subscription. You specifically agree not to use this Service for:
Accessing/sharing/downloading/uploading illegal content, including, but not limited to, child pornography or content perceived to be child pornography; Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; Sending or transmitting unsolicited advertisements or content ("Spam") over the Service, via e-mail or any other communication channel; Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”); Infringing upon or violating our intellectual property rights or the intellectual property rights of others; Promoting illegal activities, or providing means for/helping other people commit illegal activities by providing instructional information;
The account of any user found involved in any of the aforementioned activities will be suspended immediately without notice. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney's fees and costs.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Company reserves the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
By subscribing to the Service, you agree to become a subscriber for the period you have selected (such as 1 month or 1 year). Depending on your choice, the plan may renew automatically. The renewal term is by default for the same duration as the billing term for the original subscription.
If you fail to fulfill your obligation of payment as a user of a paid account, the Company may suspend your account or delete it after an extended period of default.
Subscription through iOS App
The yearly SnowHaze VPN subscription is valid for one year; the monthly SnowHaze VPN subscription is valid for one month. During this time, you have access to the SnowHaze VPN and your lists are updated regularly. The payment is charged to your iTunes Account when confirming the purchase. All subscription automatically renew unless you turn off auto-renew at least 24 hours before the end of the subscription. Your account will be charged within 24 hours prior to the end of the subscription. You can manage your subscription in your Account Settings by tapping on 'View all my Subscriptions'. Any unused portion of a free trial period will be forfeited when you purchase the corresponding subscription.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions are available in English, German, and French. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The Company reserves the right, at its absolute discretion, to modify the Service, for example by adding or removing certain functions of VPN servers or by updating the software.
The Company may, at its sole discretion, provide limited technical support, upgrades and updates for the Service. In order to enhance and further develop the Service, the Company may automatically download and install updates and upgrades from time to time. You, as a user, agree to receive such updates and upgrades as part of your use of the Service. The Company shall have no obligation to provide support or maintenance for the Services under this Agreement.
These Terms and Conditions shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Terms and Conditions shall be subject to the jurisdiction of the competent courts of the Canton of Zurich, the jurisdiction of the Swiss Federal Court being expressly reserved.
If you have any questions about these Terms and Conditions, You can contact us by email:
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