Terms of Service

---

Welcome to the SnapShop! We are More Mobile Relations Finland Oy, a limited liability company duly organized and existing under the laws of Finland, having its official address at Erottajankatu 9 A, 00130 Helsinki (“SnapShop”, “we”, “us” or “our”) which operates the website and photo sharing and communication solution available through https://app.snapshop.fi. These Terms of Service (“Terms”) govern your access to and use of SnapShop’s websites, apps and services (collectively the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy, available at here: https://www.snapshop.fi/en/data-protection-and-privacy-policy/. By accessing and using the Service, you agree to be bound by these Terms and our Policy Policy. These Terms apply to all users and others who access or use the Service, whether or not you are registered as a user. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization (also hereinafter “Customer”). The use of the Service is also governed by SnapShop’s Data Processing Agreement, which is incorporated herein by reference and available at https://www.snapshop.fi/en/DPA/

SnapShop reserves the right to update and change these Terms at any time and without notice by posting the amended Terms on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. You are advised to check the Terms from time to time for any updates or changes that may impact you.

1. Definitions “Customer Data”

2. Eligibility

The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information You submit is true and accurate and that You are 18 years of age or older and are fully able and competent to enter into and abide by these Terms.

3. The Service

SnapShop is a photo-sharing and communication solution for enterprise Customers. It is a closed environment where users of the same organization can receive directives, share photos, report on task completions, any observations and issues and comment each other’s posts

The Service is available on a password protected cloud service at https://app.snapshop.fi. In order to use the Service, You will need to register and create an account. Your account gives you access to the Service and any features or functionality that we may establish and maintain from time to time and in our sole discretion. Your account will typically use the email address given to you by the company and/ or organization with which you are affiliated.

You can submit photos by a native iOS or Android app or via SnapShop’s browser-based photo upload interface. The app or the browser upload interface enable you to tag the photo with category, location, task completion information. The closest retail store is tagged to the photo automatically. You can change the suggested retail location and choose another one from the location list or leave the location untagged.

Users have an option add free text to the picture before uploading it to SnapShop. All photos and attached information are stored in an organized way in SnapShop cloud and they can be browsed and searched by keywords (user, time, location, category, task tag). A manager user can maintain retail locations and category tags as well as task tags and push out directives to the other users. The task tags enable to report on task completions in different phases (started, pending, completed).

4. What we expect from our Customers?

The Service must not be used for purposes, which are illegal. We reserve the right to terminate the subscription immediately without prior notice and notify the police if the service is used for any illegal purposes.

We also expect you to make sure you use the Service in a way that does not harm or disturb other users of the Service. Any purposeful attempts to break the software, circumvent any security measures in place, or to Service in a way that can be interpreted as malice will lead to immediate termination of the subscription. We will also report any such incidents to the authorities.

We also expect that you notify us immediately in case you notice that someone is acting malevolently in your name, e.g. if your software has been cracked, or someone else is causing you harm. We do our best to solve the problem for you. The Customer shall notify the SnapShop immediately of any unauthorized use of the Service or any other known or suspected breach of security.

5. License and grant of access to the Service

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, personal license to use the Service. SnapShop reserves all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or no reason.

Customer shall not transfer, lease, loan, resell, distribute or otherwise make the Service or materials contained in the Service available in whole or in part in any form whatsoever to any third parties.

Customer shall not attempt to gain access to any parts of the Service to which the Customer has not acquired access rights nor will the Customer attempt to modify, copy, decompile, adapt, reverse engineer or otherwise attempt to derive the source code of the Service or any computer software programs the Service is based upon.

6. Customer Support

The SnapShop shall provide the Customer with reasonable technical and use related Customer Support on a best efforts basis, using the means and channels in its sole discretion. The SnapShop shall separately communicate the support channels and appropriate contact details to the Customer.

For the avoidance of doubt, the SnapShop shall not be obliged under these Tems to provide support, assistance or maintenance concerning third party equipment or software.

7. Intellectual Property Rights

The Intellectual Property Rights to the Service and any amendments, modifications, new versions thereto shall belong to the SnapShop and its affiliates and licensors, as the case may be. The product names associated with the Service are service marks and trademarks of the SnapShop or third parties, and no right or license is granted to use them. These Terms does not grant the Customer any rights of ownership in or related to the Service or the Intellectual Property Rights owned by the SnapShop. The Customer acknowledges that, except as specifically provided under these Terms, no other right, title, or interest is granted.

The Intellectual Property Rights and the title to the Customer Data shall belong to the Customer. These Terms shall not give either party any direct, indirect or implied right or license to use or otherwise exploit Intellectual Property Rights belonging to the other party.

8. Feedback

The Customer may from time to time provide suggestions, comments or feedback (“Feedback”) with respect to the Service provided originally by the SnapShop. The Customer agrees that all Feedback is voluntary and, even if marked as confidential (unless subject to a separate written agreement), will not create a confidentiality obligation for the SnapShop. The SnapShop will be free to use, disclose, reproduce, license or otherwise distribute such Feedback, without obligation or restriction of any kind with relation to a Customer’s Intellectual Property Rights or otherwise.

9. Customer Data

To the extent we collect any personal data for which the Customer is acting as data controller in accordance with the European General Data Protection Regulation “GDPR”, the SnapShop will act as your data processor with respect to such personal data and will process such an information only in accordance with the Data Processing Agreement and your documented instructions. Notwithstanding to the foregoing, the SnapShop shall have the right to use the Customer Data for purposes of statistical analysis and improving the Service.

For more information on our data collection practices as a processor, please review our Data Processing Agreement at https://www.snapshop.fi/en/DPA/  We may update the Data Processing Agreement from time to time, and by continuing to use the Service after SnapShop posting a modification at your account, you accept such modification.

The Customer shall be responsible for Customer Data and for ensuring that the Customer Data does not infringe third party Intellectual Property Rights or violate any legislation in force from time to time. In case of breach of the aforementioned, the Customer will be responsible for, and will indemnify and hold the SnapShop harmless from all claims, suits, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) made against or incurred by the SnapShop.

10. Warranties

TO THE FULL EXTENT PERMITTED BY LAW, THE WARRANTY SET FORTH IN THIS SECTION 10 IS SNAPSHOP’S EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, UNDERTAKINGS OR TERMS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, BY OPERATION OF LAW, ARISING BY STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, LACK OF VIRUSES AND BACK DOORS, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND/OR LACK OF WORKMANLIKE EFFORT.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING PERFORMANCE OF THE SERVICE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, WILL BE BINDING ON THE SNAPSHOP.

11. Limitation of Liability

12. Force Majeure Event The aggregate total liability of a SnapShop towards the Customer in respect of any cause of action relating to or arising out of these Terms shall not exceed five hundred (500) EUR.

SNAPSHOP WILL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY OR FROM LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, HOWEVER CAUSED AND ON WHATEVER THEORY, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), THE FAILURE OR ASSERTED FAILURE OF SNAPSHOP TO PERFORM ITS OBLIGATIONS HEREUNDER, OR OTHERWISE, AND WHETHER OR NOT THE SNAPSHOP HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Customer shall be responsible for taking back-up copies of Customer Data and data files and for verifying the functionality of such back-up copies. Neither party shall be liable for the loss of, damage to, nor alteration of data or data files of the other party due to any cause and the resulting damages and expenses incurred, such as expenses based on the re-creation of data files. For clarity, the limitations of liability shall not apply to damages caused by willful misconduct or gross negligence.

12. Force Majeure Event

Force Majeure Event means any failure by a party to perform its obligations under these Terms caused by an impediment beyond its control, which it could not have taken into account at the time of the conclusion of these Terms, and the consequences of which could not reasonably have been avoided or overcome by such party. If not proven otherwise such impediments may include, but are not limited to, acts of government in its sovereign or contractual capacity, fires, disturbance of data networks, floods, epidemics, quarantine restrictions, strikes, lock-outs, industrial disputes, riots, acts of terror or specific threats of terrorist activity, transportation or energy. Strike, lock-out, boycott and other industrial action shall constitute a Force Majeure Event also when the party concerned is the object or a party to such an action.

Save for the obligation to pay money properly due and owing, neither Party shall be liable for delays and damages caused by a Force Majeure Event.

A Force Majeure Event suffered by a subcontractor of a party shall also discharge such a party from liability if subcontracting from other source cannot be made without unreasonable costs or a significant loss of time.

A party shall notify the other party in writing without delay of a Force Majeure Event. The party shall correspondingly notify the other party of the termination of a Force Majeure Event.

13. Assignment

Neither party shall have the right to assign the Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of the other party. Notwithstanding the foregoing, each Party may transfer its receivables under these Terms to a third party.

The SnapShop may transfer the Agreement and the rights and obligations hereunder to such a third party to which the business activities related to the Agreement has been transferred.

14. Applicable Law; Dispute Resolution

These Terms and all matters arising out of or in connection with these Terms shall be interpreted, construed and governed exclusively in accordance with the laws of Finland without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods done at Vienna April 11, 1980 is excluded.

In the event no settlement can be reached by means of negotiations, any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finnish Central Chamber of Commerce. The arbitration shall take place in Helsinki, Finland. The arbitration shall be conducted and the arbitration award shall be given in the English language. The Parties agree that the arbitration procedure and all thereto related material and information shall be treated as confidential information.

The Parties have nevertheless right to claim for outstanding receivables under these Terms at the courts of the other party’s registered domicile.

15. Other Provisions

Both Parties act in their own name and on their own behalf. Neither party has a right to enter into any agreements or other commitments on behalf of the other party.

The SnapShop may engage subcontractors to perform the Service under the Agreement, provided that The SnapShop remains fully liable for any actions of such subcontractor, as if the work had been carried out by The SnapShop itself.

A failure of a party to insist upon the performance of any or more of the terms or conditions of these Terms or a waiver of any term or condition of these Terms will not be deemed to be a waiver of any rights or remedies the party may have in subsequent similar situations.

If any provision in these Terms is found or becomes invalid, unlawful, or unenforceable to any extent, the provision in question will be severed from the remaining provisions of these Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of Your license to access the Service or any termination of these Terms (including, without limitation, provisions governing, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.