Last updated: June 1st, 2022
Please read this End-User License Agreement carefully before clicking the “I Agree” button,
downloading or using Snowtrack.
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 this End User License Agreement:
Application means the software program provided by the
Company downloaded by You on any electronic device, named "Snowtrack"
Application Store means the digital distribution
service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled
by or is under common control with a party, where control means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of directors or other
Country refers to: Quebec, Canada
Company (referred to as either the Company, We, Us or
Our in this Agreement) refers to Snowtrack Inc., 482 rue Bibaud, Montréal, QC H2J 1E2.
Device means any device that can access the Service
such as a computer, a cellphone or a digital tablet.
Third-party Social Media Service means any services or
content (including data, information, products or services) provided by a third-party that may
be displayed, included or made available by the Service.
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.
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound
by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement,
do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the
Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the
terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download,
install and use the Application strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is for personal, non-commercial and commercial
purposes in accordance with the terms of this Agreement.
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
You acknowledge and agree that the Company shall not be responsible for any Third-party Services,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality or any other aspect thereof. The Company does not assume and shall not have any
liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application.
Third-party Services and links thereto are provided solely as a convenience to You and You access
and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in
its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with
or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that
you fail to comply with any provision of this Agreement. You may also terminate this Agreement by
deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies
of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in
equity in case of breach by You (during the term of this Agreement) of any of your obligations under
the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers,
employees, agents, partners and licensors (if any) harmless from any claim or demand, including
reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation
of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application 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 Application, 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
Application 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
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 Application, or the information, content, and materials or products included thereon; (ii)
that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Application; or (iv) that the
Application, 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 11
shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty
exists under law that cannot be disclaimed, the Company shall be solely responsible for such
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 Agreement and your exclusive remedy for all of the foregoing
shall be limited to the amount actually paid by You for the Application or 100 USD if You haven't
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 Application, third-party software and/or third-party hardware used with
the Application, or otherwise in connection with any provision of this Agreement), 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/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
If any provision of this Agreement 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 Agreement 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.
The Company does not make any warranties concerning the Application.
United States Legal
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.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any
time. If a revision is material we will provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at the sole discretion of the
By continuing to access or use the Application after any revisions become effective, You agree to be
bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to
use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your
use of the Application. Your use of the Application may also be subject to other local, state,
national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the
Application and supersedes all prior and contemporaneous written or oral agreements between You and
You may be subject to additional terms and conditions that apply when You use or purchase other
Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Terms and Conditions, You can contact us at email@example.com