Snikket App Terms

1. The Snikket app

  1. This agreement applies to your use of the Snikket app, if you downloaded it from Google Play or Apple’s App Store (the “Snikket app”). It does not apply if you obtained the software from elsewhere.
  2. The Snikket app is Free/Open-Source software licensed under GNU GPL 3.0, and it is also available, in source forms, at https://github.com/snikket-im. Nothing in this agreement attempts to alter or restrict your rights under GNU GPL 3.0.
  3. By using the Snikket app, you are entering into this agreement. This agreement applies to the exclusion of any terms you supply, provide, or otherwise attempt to incorporate, and it supersedes all previous negotiations, understandings and representations.
  4. If you do not agree to this agreement, you are not permitted to download or use the Snikket app. If you have already downloaded the app and do not agree to this agreement, you must delete the Snikket app immediately.
  5. In this agreement, “We”, “us”, and “our” means Snikket Community Interest Company c/o Hand & Co. Manor House Offices, Malvern Rd, WR2 4BS England.

2. It is free – use it at your own risk!

  1. The Snikket app is available free of charge, and you can download and use it without payment.
  2. There is no warranty for the Snikket app, to the extent permitted by applicable law. Except when otherwise stated in writing, we provide the program “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the Snikket app prove defective, you assume the cost of all necessary servicing, repair or correction.
  3. In no event unless required by applicable law or agreed to in writing will we be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Snikket app (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Snikket app to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
  4. This clause survives cancellation or termination of this agreement.

3. This is an app, not a service

  1. The Snikket app lets you communicate via the XMPP protocol.
  2. You are responsible for how you use the Snikket app, what you communicate (i.e. your messages, pictures, files etc.), with whom you communicate using it, and how you do so. You must have any and all licences, rights, or other permissions that you require, for what you do with the Snikket app. This also means that you are solely responsible for backing up your own content.
  3. We are not operating, or providing you with access to, a service under this agreement. We are not responsible for anything you send or receive, or otherwise see or access, via the Snikket app, and we have no control over, or visibility of, it.

4. Prohibited uses

  1. You must not use the Snikket app to threaten, harass, stalk, abuse, disrupt, or otherwise violate or infringe the rights (including but not limited to copyright, rights of privacy and publicity) of others; or to do anything which is contrary to the law in the country in which you are using the Snikket app, or which could give rise to either or both civil or criminal liability for you or us (or both).

  2. In particular, if you have downloaded the Snikket app from Google Play, you must not use the Snikket app in a way that breaches any of Google’s content policies, including for uses or content which

    1. facilitates the exploitation or abuse of children;
    2. is harmful or inappropriate;
    3. is deceptive or harmful financial products and services; or
    4. facilitates or promotes illegal activities.

5. Ending this agreement

  1. You can stop using the Snikket app whenever you want, and you don’t have to tell us.

  2. We may terminate this agreement immediately if:

    1. We are entitled to do so under this agreement;
    2. you commit a material breach of an obligation under this agreement;

  3. If we terminate this agreement, you must delete the Snikket app from your device(s) .

  4. Termination of this agreement will not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination.

6. Indemnification

  1. You indemnify us and hold us and the Snikket developers harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any of the following:

    1. your use of the Snikket app;
    2. your infringement of our rights, including our intellectual property rights; or
    3. your breach of this agreement.

7. Variations

  1. We can vary this agreement at any time. If we make any changes to the terms of the agreement, we will take reasonable steps to tell you, and we may require you to affirmatively accept the new terms before continuing to use the Snikket app.
  2. We are always looking for ways to improve the Snikket app. Sometimes, this means adding new features. Sometimes, this means taking away or discontinuing features, or changing the way features work. We can make any changes we wish, at any time, without notice to you.

8. Events outside reasonable control

  1. Neither party will be liable to the other for any delay or failure in the performance of that party’s obligations caused by events outside that party’s reasonable control.

9. Governing law and jurisdiction, and disputes

  1. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed at all times in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
  2. This clause survives cancellation or termination of this agreement.

10. General terms

  1. No-one other than you or us has any rights under this agreement.
  2. If any part of this agreement is found to be invalid or unenforceable by any court, this will not affect the other provisions of this agreement and those provisions will remain in full force and effect.
  3. If a party fails to exercise a right or remedy, this will not prevent that party from exercising that right or remedy subsequently for that or any other incident.
  4. A waiver of any breach or provision of this agreement is only effective if made by email or in other writing.
  5. We may assign, transfer, charge, sub-contract or deal in any other manner with any of our rights or obligations under this agreement. You may not do these things without our prior written consent.
  6. Nothing in this agreement establishes any partnership, joint venture, or agency. You shall not hold yourself out as being an agent, partner, representative or otherwise being entitled to bind us.
  7. This clause survives cancellation or termination of this agreement.

11. Terms which Apple requires us to include

  1. This clause 11 applies only in respect of the Snikket app for Apple devices.
  2. This agreement is concluded between you and us only, and not with Apple. We (and not Apple) are solely responsible for the Snikket app.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Snikket app.
  4. In the event of any failure of the Snikket app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Snikket app to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Snikket app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
  5. We not Apple, are responsible for addressing any claims of you or any third party relating to the Snikket app or your and/or use of the Snikket app, including, but not limited to: (i) product liability claims; (ii) any claim that the Snikket app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  6. In the event of any third party claim that the Snikket app or your possession and use of the Snikket app infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You must comply with all applicable third-party terms of service when using the Snikket app.
  9. Apple, and Appleʼs subsidiaries, are third party beneficiaries of this agreement. Apple has the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.