Snowfox Terms of Service
Updated December 18th, 2016
Key changes from the previous version
- Document updated to meet the requirements in USA and Canada
- Terminology and structure made user friendlier
Welcome and thank you for your interest in Snowfox! You are reviewing these Terms of Service because you use or have purchased the Snowfox Service (the “Snowfox Service”), consisting of a Snowfox tracker device (the “Snowfox Tracker”) to be used with the Snowfox mobile application (the “Mobile App”).
THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU AND SNOWFOX. PLEASE READ THEM CAREFULLY BEFORE USING THE SNOWFOX SERVICE. By using the Snowfox Service, you confirm your agreement to these Terms of Service (the “Terms of Service”). If you do not agree to these Terms of Service, do not use the Snowfox Service
The Snowfox Service has been developed and is owned by Haltian Products Oy which is referred to as Snowfox, we, us or our in these Terms of Service. You are referred to as you or your in these Terms of Service.
Support and Questions
If you have any questions about the installation or use of the Snowfox Service or have technical difficulties, you will find FAQs on our website at http://snowfoxfamily.com/support or you can email us at support(a)snowfoxfamily.com.
The Mobile App is available at Google Play and Apple AppStore (the “App Distributors”). We only support the Mobile App if it has been downloaded from the official application market place of one of these App Distributors. The Mobile App is optimized for certain mobile devices and operating systems, and we make no guarantee that the Mobile App will work on all smart phones and other mobile devices.
Requirements for Use of the Snowfox Services
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Service.
Warnings, Precautions and Permissions
The Snowfox Service can be used to track things or people. You understand and agree that the Snowfox Service is not a substitute for the proper care or supervision of children or any other people, and must not be used as a primary means to care for or supervise any person. You understand and agree that we cannot guarantee that the thing or person you are tracking with a Snowfox Tracker will in fact be located or found if necessary. Responsibility for the ultimate safety and security of the things and/or people you will track with the Snowfox Service lies with you.
You agree to use the Snowfox Tracker in accordance with its operating and safety instructions, available at http://snowfoxfamily.com/warranty.
There are a variety of factors that affect the speed, coverage, accuracy and other functions available in the Snowfox Service. You understand and agree that the Snowfox Service is subject to certain technical limitations, most of which are not in our control. First, you are responsible for obtaining your own mobile device with internet access from a third party to access the Snowfox Service. Second, the Snowfox Service comes with the type of data plan that you have purchased. We, in turn, have purchased the data plan from a third party provider that does not guarantee that the data plan works 24/7 or that it covers 100% of your area. As a result, you understand and agree that we cannot guarantee that the Snowfox Service will work uninterrupted, will have uninterrupted coverage or is 100% accurate.
For example, technical limitations may come from your mobile device or the mobile plan you have purchased from your operator. Performance of the Snowfox Service may also be impacted by terrain, in-building/in-vehicle use and capacity/bandwidth constraints. For example, GPS location accuracy depends on the Snowfox Tracker’s Device’s ability to acquire satellite signals and network coverage. Network coverage and satellite signals, in turn, are dependent on a number of factors not within our control including weather, clouds, topographical changes, obstructions (such as tall buildings or mountains), cell towers, clouds, and other factors. In addition, if a location is equipped with cell phone inhibitors, your Snowfox Tracker and Service may not work.
Your Snowfox Service Subscription
You may have purchased the Snowfox Tracker and Snowfox Service from us or a third party retailer. Please follow the instructions accompanying your purchase to create your account and to register to use the Snowfox Service. The data plan required to use the Snowfox Service will be as specified in your purchase. This data plan may be a free trial for a specified duration, a prepaid data plan for a specified number of months, or a pay-as-you-go data plan. To use the Snowfox Service beyond any free trial or prepaid plan, you must purchase an additional data plan via the Mobile App or via a link provided in the Mobile App.
Your subscription to the data plan is automatically renewed at the end of your current data plan. You are free to terminate your subscription at any time via the Mobile App. We will not refund any remaining time on your subscription. The price of the subscription to a data plan is subject to change at any time.
You are entirely responsible for all activities that occur under your account(s) and for maintaining the confidentiality of your username(s), password(s), and your account(s). You agree to notify us via email at support(a)snowfoxfamily.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving, or relating to, the Snowfox Service. You agree to take adequate measures to safeguard your information and account.
We have the right to suspend or terminate your subscription if the Snowfox Tracker is using excessive amount of data. This may occur, for example, due to software error or because of excessive use of the tracking feature. The Snowfox Service currently works in the EU countries, the USA and Canada. We reserve the right to restrict or terminate your access to the Snowfox Service for geographical areas outside the EU countries, the USA or Canada.
Limited License and Ownership of the Snowfox Service
You are hereby granted a non-exclusive, limited, revocable and nontransferable license to use the Snowfox Service for your personal and non-commercial purposes in accordance with these Terms of Service.
Snowfox or its licensors own all title and rights to the Snowfox Service, including, but is not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Snowfox Service except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the Snowfox Service not expressly granted to you by Snowfox are retained by Snowfox and its licensors. Violation of any of these Terms of Service gives Snowfox sole discretion to refuse or terminate access to the Snowfox Service effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the Snowfox Service.
You may propose to Snowfox modifications or improvements to all or any part of the Snowfox Service. By choosing to disclose such proposal to Snowfox, you hereby grant Snowfox all title and ownership and intellectual property rights to such proposal.
Changes to Services and Terms
We may change or discontinue, in whole or in part, the Snowfox Service at any time without notice. You acknowledge that Snowfox is not liable to you or to any third party for any such action.
We may modify these Terms of Service from time to time. The most current Terms of Service will be available on the Snowfox home page and the date of the latest update is indicated at the top of these Terms of Service. We may communicate major changes with a special notice on the Snowfox Service or by email. You accept such modified Terms of Service by continuing to use of the Snowfox Service.
You agree to defend, indemnify and hold Snowfox and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal fees, alleging or resulting from: (a) your violation of these Terms of Service; or (b) your violation of Snowfox’s intellectual property rights, any third party rights or any applicable law when using the Snowfox Service.
Local Law and Export Control
In relation to your purchase and use of the Snowfox Service, you agree to comply with the laws of your local jurisdiction as well as with any applicable export restrictions.
EXCEPT FOR THE LIMITED WARRANTY FOR THE SNOWFOX TRACKER SET FORTH BELOW, THE SNOWFOX SERVICE AND TRACKER ARE PROVIDED BY SNOWFOX "AS IS."
NEITHER SNOWFOX NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SNOWFOX SERVICE (INCLUDING THE SNOWFOX TRACKERS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SNOWFOX SERVICE. IN ADDITION, SNOWFOX AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SNOWFOX SERVICE (INCLUDING THE SNOWFOX TRACKERS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SNOWFOX DOES NOT WARRANT THAT USE OF THE SNOWFOX SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APP IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
LIMITED WARRANTY FOR THE SNOWFOX TRACKER IN THE USA AND CANADA: SNOWFOX WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE SNOWFOX TRACKER IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL CONSUMER USE FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty shall be extended to the extent required by such law. Within the warranty period, Snowfox shall repair or replace at no charge to you any components of the Snowfox Tracker that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Snowfox Tracker, such as batteries; (iii) damage resulting from your failure to use the Snowfox Tracker in accordance with the instructions accompanying the Snowfox Tracker or available at the http://snowfoxfamily.com/support website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the Snowfox Tracker, by anyone not authorized by Snowfox; or (vi) use of the Snowfox Tracker with any other application or software than the Mobile App.
Snowfox retains the exclusive right to repair or replace the Snowfox Tracker, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty.
LIMITED WARRANTY FOR THE SNOWFOX TRACKER IN THE EU COUNTRIES AND ELSEWHERE: Please see the limited warranty terms set forth in http://snowfoxfamily.com/warranty.
Limitation of Liability
IN NO EVENT WILL SNOWFOX OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOCATION INACCURACY, OR SERVICE INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SNOWFOX SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SNOWFOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SNOWFOX, ARISING FROM OR RELATING TO THE SNOWFOX SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.
Trademarks and Patents
Snowfox and/or its affiliates claim all trademark rights to SNOWFOX and the SNOWFOX logo. You are not granted, by implication or otherwise, any license or right to use any marks appearing on Snowfox Service.
Governing Law and Disputes
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or your purchase of any element of the Snowfox Tracker or Service.
If you reside in the United States, these Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflicts of law of any jurisdiction. If you reside in any other country, these Terms of Service shall be governed by and construed in accordance with the laws of Finland, without regard to the principles of conflicts of law of any jurisdiction.
Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Service; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the Snowfox Service. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration. If you reside in the USA, (A) the arbitration will be held in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time of the arbitration (the “AAA Arbitration Rules”); (B) the AAA shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the AAA Arbitration Rules; and (C) the place of arbitration shall be in San Francisco, California.
If you reside in any other country or territory, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of Finland (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Helsinki, Finland.
In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator's award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by Snowfox and you.
Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of Snowfox’s intellectual property rights would cause, Snowfox may seek an injunction against such violation or breach in a court of competent jurisdiction.
English language shall govern all documents, notices, and interpretations of these Terms of Service. Sections titled Warnings and Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability, and Governing Law and Disputes shall survive and remain in effect after your license to use the Snowfox Service has terminated for any or no reason.
Snowfox's failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Snowfox in writing. These Terms of Service constitute the entire agreement between you and Snowfox with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void. Snowfox may assign this agreement.
Haltian Products Oy, Yrttipellontie 1D, 90230 Oulu, Finland.
12/2016 | 1.1.0 | EN