Last updated: May 29, 2022
Please read these terms and conditions carefully before using Our Service.
THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS
BETA TESTING AGREEMENT IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF
DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY
ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SOFTWARE AND/OR ACCOMPANYING MATERIALS.
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 Terms and Conditions:
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.
Feedback means feedback, innovations or suggestions
sent by You regarding the attributes, performance or features of our Service.
Service refers to the Application.
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.
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.
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
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with
collection, use and disclosure of Your personal information when You use the Application or the
Website and tells You about Your privacy rights and how the law protects You. Please read Our
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason
such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual,
irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license,
distribute, modify and exploit such Feedback without restriction.
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.
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
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
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.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use
of the Service. Your use of the Application may also be subject to other local, state, national, or
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)
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
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 may have been translated if We have made them available to You on our
Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and
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
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.
If you have any questions about this Terms and Conditions, You can contact us at email@example.com