Terms and Conditions

Last updated October 26, 2023

Table of Contents

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Phoenix Business Solutions Inc., doing business as SnapChing.com ("SnapChing.com", "we", "us", or "our").

By accessing and using our website at https://snapching.com and any related media channels, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions.

Company Information

Phoenix Business Solutions Inc.
3 Chatham Dr NW
Calgary, AB T2L 0Z4
Canada

Terms Modification

We reserve the right to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

Geographic Limitations

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who access the Site from other locations do so at their own initiative and are solely responsible for compliance with local laws.

Minors

All users who are minors in their jurisdiction (generally under 18) must have permission from and be directly supervised by their parent or guardian. If you are a minor, your parent or guardian must read and agree to these Terms and Conditions.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") and all trademarks, service marks, and logos (the "Marks") are owned or controlled by us and are protected by copyright and trademark laws.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our express prior written permission.

Limited License Grant

If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. User Representations

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update as necessary
3. You have the legal capacity and agree to comply with these Terms and Conditions
4. You are not a minor in your jurisdiction, or if a minor, you have received parental permission
5. You will not access the Site through automated or non-human means (bots, scripts, etc.)
6. You will not use the Site for any illegal or unauthorized purpose
7. Your use will not violate any applicable law or regulation

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Fees and Payment

Accepted Payment Methods

• Visa
• Mastercard
• American Express
• Discover
• PayPal

Payment Terms

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.

You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

All payments shall be in U.S. dollars. Sales tax will be added to the price of purchases as required by law. We reserve the right to change prices at any time.

Recurring Charges

If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

Pricing Errors

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

6. Free Trial

We offer a 30-day free trial to new users who register with the Site. Your account will be charged according to your chosen subscription plan at the end of the free trial period.

7. Cancellation

All purchases are non-refundable.

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

Customer Support

If you are unsatisfied with our services, please contact us:

• Email: admin@phoenixbussolutions.com
• Phone: (+1) 403-701-6162

8. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content to create or compile a collection, compilation, database, or directory without written permission
• Trick, defraud, or mislead us and other users, especially in attempts to learn sensitive account information
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Disparage, tarnish, or otherwise harm us and/or the Site
• Use any information obtained from the Site to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious material
• Engage in spamming, continuous posting of repetitive text, or excessive use of capital letters
• Engage in any automated use of the system, such as using scripts or data mining robots
• Delete copyright or other proprietary rights notices from any Content
• Attempt to impersonate another user or use another user's username
• Upload or transmit material that acts as an information collection mechanism (spyware, cookies, web bugs, etc.)
• Interfere with, disrupt, or create an undue burden on the Site or connected networks
• Harass, annoy, intimidate, or threaten our employees or agents
• Attempt to bypass any measures designed to prevent or restrict access to the Site
• Copy or adapt the Site's software, including Flash, PHP, HTML, JavaScript, or other code
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Site
• Use, launch, develop, or distribute any automated system that accesses the Site
• Use a buying agent or purchasing agent to make purchases on the Site
• Make any unauthorized use of the Site, including collecting usernames and email addresses for unsolicited contact
• Use the Site to advertise or offer to sell goods and services
• Sell or otherwise transfer your profile

9. User Generated Contributions

The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions").

Your Warranty and Representations

When you create or make available any Contributions, you represent and warrant that:

• Your Contributions do not infringe any proprietary rights, including copyright, patent, trademark, trade secret, or moral rights
• You are the creator and owner or have the necessary licenses, rights, consents, and permissions to use your Contributions
• You have written consent and permission from each identifiable person in your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, or spam
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or objectionable
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions are not used to harass or threaten any other person or promote violence
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not violate any laws concerning child protection or the well-being of minors
• Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not violate any provision of these Terms and Conditions or any applicable law

10. Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

Ownership

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

You are solely responsible for your Contributions to the Site and expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. Social Media

As part of the Site's functionality, you may link your account with online accounts you have with third-party service providers (each a "Third-Party Account") by providing your login information or allowing us access.

Your Representations

You represent and warrant that you are entitled to disclose your Third-Party Account login information and/or grant us access without breach of any terms governing your use of such accounts, and without obligating us to pay fees or making us subject to usage limitations imposed by the third-party provider.

Social Network Content

By granting us access to any Third-Party Accounts, we may:

• Access, make available, and store any content you have provided to and stored in your Third-Party Account
• Make such content available on and through the Site via your account, including friend lists
• Submit to and receive from your Third-Party Account additional information as appropriate

Depending on your privacy settings, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Third-Party Responsibility

Please note that if a Third-Party Account or associated service becomes unavailable or our access is terminated, the Social Network Content may no longer be available on the Site. Your relationship with third-party service providers is governed solely by your agreement with them.

We make no effort to review any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

Deactivation

You can deactivate the connection between the Site and your Third-Party Accounts by contacting us or through your account settings. We will attempt to delete any information stored on our servers obtained through such Third-Party Accounts, except the username and profile picture that become associated with your account.

12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. U.S. Government Rights

Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101.

If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data).

If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms and Conditions in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202-3. Additionally, DFARS 252.227-7015 applies to technical data acquired by the DOD.

This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms and Conditions.

14. Site Management

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms and Conditions
2. Take appropriate legal action against anyone who violates the law or these Terms and Conditions, including reporting such user to law enforcement authorities
3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
4. Remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems
5. Otherwise manage the Site in a manner designed to protect our rights and property and facilitate proper Site operation

15. Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms and Conditions.

Please be advised the Site is hosted in Canada. If you access the Site from any other region with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.

Read Our Privacy Policy

16. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Prohibition on Re-Registration

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

Service Availability

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or supply any corrections, updates, or releases.

18. Governing Law

These Terms shall be governed by and defined following the laws of Canada.

Phoenix Business Solutions Inc. and yourself irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each "Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC.

Arbitration Details:

• Number of arbitrators: Two (2)
• Seat of arbitration: Kelowna, Canada
• Language: English
• Governing law: Substantive law of Canada

Restrictions on Arbitration

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right for any Dispute to be arbitrated on a class-action basis
• There is no right for any Dispute to be brought in a representative capacity on behalf of the general public

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions:

• Any Disputes seeking to enforce or protect intellectual property rights
• Any Dispute related to theft, piracy, invasion of privacy, or unauthorized use
• Any claim for injunctive relief

If this provision is found to be illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

21. Disclaimer

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:

1. Errors, mistakes, or inaccuracies of content and materials
2. Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site
3. Unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein
4. Any interruption or cessation of transmission to or from the Site
5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party
6. Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website featured in any banner or other advertising, and we will not be a party to or responsible for monitoring any transaction between you and any third-party providers.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

22. Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Certain US State laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Use of the Site
2. Breach of these Terms and Conditions
3. Any breach of your representations and warranties set forth in these Terms and Conditions
4. Your violation of the rights of a third party, including but not limited to intellectual property rights
5. Any overt harmful act toward any other user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

27. Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

28. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: