Terms of Service

1. GENERAL

1. By using the App (sometimes referred to as the “Services”), you agree to these terms.  The App is provided by William Magrath, an individual (“Developer”, “us”, “we” or “our”).  Please read the terms carefully, as they form the entire agreement between you and Developer.  
2. Developer has the right at any time to change or discontinue the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. Developer has the right to terminate and/or suspend you ability to access the Service or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Service).
3. Develope reserves the right to update and change, from time to time, these terms and all documents incorporated by reference. You can find the most recent version of the terms at this URL.  You should check these documents regularly for any updates. Your continued use of the App will constitute acceptance of any modified terms.
4. YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND ALL DOCUMENTS INCORPORATED BY REFERENCE, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

2. PRIVACY

1. Our Privacy Policy explains how we treat your personal data. By using the App, you agree to our Privacy Policy and that Developer can use your information in accordance with it.  

3. USING THE SERVICES

1. Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity.
2. Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
3. Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless Developer has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).
4. Software License. Subject to your continuing compliance with these Terms, Developer grants you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the software and APIs provided to you by Developer as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Developer, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit those restrictions or you have our explicit written permission. The App may automatically download and install security or other updates without prior notification to you.
5. Support. Unless otherwise expressly stated, Developer does not promise to provide you with any support for the Services. If Developer does provide you with support, it is at Developer's sole discretion and does not mean that Developer will continue to provide you with support in the future.
6. Fees. Developer reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in Developer's sole discretion. If Developer decides to charge fees, Developer’s payment terms below will apply.  
7. Different Versions of the Services. Different features may be available in different versions of the Services and not all features may be available in your country or region.

4. CONTENT IN THE SERVICES

1. Content. Our Services display some content that is not Developer’s. This content is the sole responsibility of the entity or person that makes it available. By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content.

5. DEVELOPER’S WARRANTIES AND DISCLAIMERS

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER DOES NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND DEVELOPER EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
2. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.

6. LIMITATION OF LIABILITY

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT DEVELOPER WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. DEVELOPER IS NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICES; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. DEVELOPER WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT DEVELOPER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPER IS NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO DEVELOPER FOR THE SERVICES.

7. FEEDBACK

1. You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to Developer related to Developer’s products, services, websites, apps, or technology may be used by Developer without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.

8. ABOUT THESE TERMS

1. Third Party Beneficiaries and Conflicts. These Terms control the relationship between Developer and you. Except as otherwise expressly indicated, they do not create any third party beneficiary rights.
2. Modification of the Terms. Developer may modify the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly.
3. Continued Use of the Services. You may stop using the Services at any time, but your continued use of or subscription to a Service after the effective date of any modifications to the Terms means that you agree to the Terms as modified.
4. Waiver and Severability of Terms. The failure of Developer to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, Developer and you nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
5. Assignment by Developer. Developer may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason.  
   

9. TERMS APPLICABLE TO THE PRO (SUBSCRIPTION) VERSION OF THE APP

1. The following terms apply to the Pro Version of the App, which is available for a paid subscription.  
2. AVAILABILITY

1. The Pro Version of the app is available on the Operating System on which you signed up for the subscription.  When you purchase the Pro Version through an external service, such as the Apple App Store or Google Play, Developer will not receive any of your billing information related to this purchase.

3. AUTOMATIC RENEWAL, REFUNDS, AND PAYMENT TERMS

1. Auto Renewal.  Subscriptions are automatically renewed until cancelled. Your account will be charged for renewal unless auto-renew is turned off at least 24 hours before the end of the current period. To see the current fees, go to Subscriptions within Settings if you purchased through the Apple App Store or Subscriptions within the Google Play App for Google Play. If you purchased your subscription from the Apple App Store store, your payment will be charged to your iTunes account at confirmation of purchase. If you purchased your subscription from Google Play, your payment will be charged to your Google Play account at confirmation of purchase. You may manage your subscription and auto-renewal may be turned off by going to your account settings after purchase.
2. Cancellation.  You are entitled to cancel the subscription at any time. When you purchase a subscription through an external service, such as the Apple App Store or Google Play, you are also subject to their terms and conditions. You must use the tools made available by those services to manage and cancel your subscription.  
3. No Refunds.  Cancellation will cease auto-renewal of the subscription.  You will not receive a refund for the current billing period, but will continue to receive your subscription for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed. For example, if your subscription is for one month periods and you cancel on the 5th day of that month you will continue to receive the Pro Version for that month and the subscription will be cancelled at the next billing cycle.
4. Amount Charged for Service May Change.  The amount charged may change. Developer does not provide price protection or refunds in the event of a price reduction or promotional offering.
5. Discounts and Offers.  Developer in its discretion may offer discounts or special offers from time to time. If you have received an offer for a free trial period in connection with signing up for the Service, then you will not be charged for the first time until after your free trial period has ended. Once the offer or trial period ends, you will be auto-charged for the Service until you cancel. If you cancel during the trial period, you will not have access to the Service once the trial period ends, unless you purchase the Service. In addition, any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
6. Taxes.  If Developer is required to collect or pay any taxes in connection with your purchase of a Service, the taxes may be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Service. Taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

10. MISCELLANEOUS

1. Device and Usage Requirements.  To access and use the App, you are required to use a device that meets the system and compatibility requirements for the App, which may change from time to time.
2. iOS users.  If you are using an iOS application, then Apple Inc. and Apple Inc.'s subsidiaries are third-party beneficiaries of these terms and have the right to enforce these terms. Apple Inc. is responsible for billing and refunds so please contact Apple Inc. if you have any questions about your purchase. Please report any violations of these terms or problems with your mobile app by emailing support@snowmapapp.com.  
3. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
4. Forum. If for any reason a dispute proceeds in court, all such disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and Developer, will be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. In such cases, you and Developer agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

11. TERM AND TERMINATION

1. Developer may, but has no duty, to terminate immediately the Service and refuse allowing any and all current or future access to or use of the Service by you if Developer in its sole discretion concludes that: (a) you are engaged in fraudulent or illegal activities, (b) you are engaged in activities that may damage the rights of Developer or others, or (c) you have failed to abide by the terms of this document, the Privacy Policy, or any incorporated terms.