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Terms


Legal Entity

SBSA BVBA
Grensstraat 12 9620, Zottegem (Belgium)
VAT: BE 0559.983.968
support@archisnapper.com / support@safetysnapper.com
+32 472 85 35 17

ArchiSnapper / SafetySnapper Terms of Service

By using the ArchiSnapper.com / SafetySnapper.com web sites (“Service”), a service of “SBSA BVBA”, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

SBSA BVBA reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://archisnapper.com/terms and http://safetysnapper.com/terms

Violation of any of the terms below will result in the termination of your Account. While SBSA BVBA prohibits such conduct and Content on the Service, you understand and agree that SBSA BVBA cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
You are responsible for maintaining the security of your account and password. SBSA BVBA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
If you are using a free account you are not permitted to block ads.
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


API Terms

Customers may access their ArchiSnapper / SafetySnapper account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ArchiSnapper / SafetySnapper, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that SBSA BVBA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SBSA BVBA has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to ArchiSnapper / SafetySnapper via the API may result in the temporary or permanent suspension of your account’s access to the API. SBSA BVBA, in its sole discretion, will determine abuse or excessive usage of the API. SBSA BVBA will make a reasonable attempt via email to warn the account owner prior to suspension.
SBSA BVBA reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), after a 3 months upfront notice for Enterprise or Pro clients and with or without notice for all other clients.

Server Uptime / Maintencance Windows

SBSA BVBA guarantees 99% uptime of their ArchiSnapper / SafetySnapper servers over a rolling 12 month window.
During the other 1% of the time (over a rolling 12 month period), our servers could potentially be interrupted without any reason or upfront notice. Excluded from our Uptime guarantee are Outages resulting from:
- Scheduled Downtime with email notifications to our Customers
- Customer's acts, omissions, or misuse of the Services, including violations of the Terms of Service.
- Failures of your internet connectivity
- Factors outside our reasonable control, including Internet access related problems, force majeure events, and third party services or technology
- Your equipment, services, or other technology
If our yearly Uptime percentage drops below our 99% Uptime guarantee, then Pro or Enterprise accounts are entitled to receive 10 times the amount that was paid for the Outage time that exceeds the yearly Uptime guarantee. Other types of accounts are not entitled any downtime compensation. Uptime Service Credits are calculated at the end of each year, and may only be granted upon request by the client.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
If you initially sign up for a non free account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SBSA BVBA does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
SBSA BVBA, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SBSA BVBA service, for any reason at any time, with a 3 months notice period for Enterprise or Pro clients and with or without any notice for all other clients. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SBSA BVBA reserves the right to refuse service to anyone for any reason at any time, after a 3 months notice period for Enterprise or Pro clients and with or without any notice for all other clients or non clients.

Modifications to the Service and Prices

SBSA BVBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), after a 3 months notice period for Enterprise or Pro clients and with or without any notice for all other clients.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ArchiSnapper / SafetySnapper Site or the Service itself.
SBSA BVBA shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
In case you have an agreement with SBSA BVBA for a custom licence price, your annual licence fee is subject to a 3% yearly indexation.

Copyright and Content Ownership

All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
SBSA BVBA does not pre-screen Content, but SBSA BVBA and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright©1999-2012 SBSA BVBA, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from SBSA BVBA.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email (support@archisnapper.com or support@safetysnapper.com) or via the chat box functionality within the online application. Support reaction times are "best effort". For Enterprise clients, it is possible to set up a support SLA for an additional fee, if desired.
You understand that SBSA BVBA uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SBSA BVBA, or any other SBSA BVBA service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SBSA BVBA.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SBSA BVBA customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by SBSA BVBA) of other ArchiSnapper / SafetySnapper customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
SBSA BVBA does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that SBSA BVBA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SBSA BVBA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of SBSA BVBA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SBSA BVBA and govern your use of the Service, superceding any prior agreements between you and SBSA BVBA (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support@archisnapper.com / support@safetysnapper.com


Privacy


SBSA BVBA PRIVACY POLICY
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law.
We transfer information about you if SBSA BVBA is acquired by or merged with another company. In this event, SBSA BVBA will notify you before information about you is transferred and becomes subject to a different privacy policy.

INFORMATION GATHERING AND USAGE
When you register for any SBSA BVBA product we ask for information such as your name, company name, email address, billing address, credit card information. Members who sign up for the free account are not required to enter a credit card.
SBSA BVBA uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. SBSA might send you product relevant information when you make a trial or paying account, you can opt out at any time. SBSA BVBA does not share your personal information with third parties, unless explicitly approved by you.

COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.
Cookies are required to use the SBSA BVBA services.
We use cookies to record current session information, but do not require permanent cookies.

DATA STORAGE
SBSA BVBA uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services. Although SBSA BVBA owns the code, databases, and all rights to the SBSA BVBA applications, you retain all rights to your data.

DISCLOSURE
SBSA BVBA may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service of any of our applications.

CHANGES
SBSA BVBA may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your SBSA BVBA service primary account holder account. You retain the right to access, amend, correct or delete your personal information where it is inaccurate at any time. To do so, please contact support@archisnapper.com / support@safetysnapper.com

QUESTIONS
Any questions about this Privacy Policy should be addressed to support@archisnapper.com / support@safetysnapper.com


GDPR


The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU. The GDPR aims primarily to give control back to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.

Visiting the Website, creating a demo account for the purpose of using the ArchiSnapper / SafetySnapper demo, creating an account in order to use the ArchiSnapper / SafetySnapper services, subscribing for the newsletter and/or a seminar, webinar or event implies your express approval (through disclosure of your personal information or opt-in) of the Privacy Declaration and consequently how we collect, use and process your personal data.

Types of personal data

SBSA can collect and process the following personal data:

ArchiSnapper / SafetySnapper also automatically collects anonymous information regarding your use of the Website and ArchiSnapper / SafetySnapper services via the Platform and/or the App. As such, ArchiSnapper / SafetySnapper shall, for example, automatically log which sections of the Website, Platform and/or App you visit, which web browser you use and which website you visited when you obtained access to the Website. We cannot identify you through these data, but it allows ArchiSnapper / SafetySnapper to draw up statistics regarding the use of the Website, the Platform and/or the App.

Methods of personal data collection

These personal data are collected in the context of:

The personal data collected by ArchiSnapper / SafetySnapper are therefore expressly and voluntarily provided by you.

Use of personal data

ArchiSnapper / SafetySnapper can use your personal data for the following purposes:

Processing takes place on the following legal grounds, as the case may be:

Disclosure of personal data to third parties

ArchiSnapper / SafetySnapper shall not disclose your personal data to third parties, unless it is necessary in the context of providing ArchiSnapper / SafetySnapper services and optimising them (including but not limited to maintenance works, payment processing, the delivery of services to ArchiSnapper / SafetySnapper (e.g. subcontracting) and database management). In this respect, your personal data may be disclosed to payment providers, software providers, cloud partner, datacentre, external IT-consultants and service providers.

If it is necessary that ArchiSnapper / SafetySnapper discloses your personal data to third parties in this context, the third party is required to use your personal data in accordance with the provisions of this Privacy Declaration.

Notwithstanding the foregoing, it is however possible that ArchiSnapper / SafetySnapper discloses your personal data:

In all other cases, ArchiSnapper / SafetySnapper will not sell, hire out or pass on your personal data to third parties, except when it (i) has obtained your permission to this end and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of your personal data.

Storage of personal data

Unless a longer storage period is required or justified (i) by the law or (ii) through compliance with another legal obligation, ArchiSnapper / SafetySnapper shall only store your personal data for the period necessary to achieve and fulfil the purpose in question, as specified in the Privacy Declaration under 'Use of personal data'.

Your privacy rights

In light of the processing of your personal data, you enjoy the following privacy rights:

If you wish to invoke your privacy rights, as defined below, please contact support@archisnapper.com
If you no longer wish to receive newsletters or information about our services, you can unsubscribe at any time by clicking the "unsubscribe" button underneath each of ArchiSnapper / SafetySnapper's emails.

Security of personal data

ArchiSnapper / SafetySnapper undertakes to take reasonable, physical, technological and organisational precautions in order to avoid (i) unauthorised access to your personal information, and (ii) loss, abuse or alteration of your personal data.

ArchiSnapper / SafetySnapper shall store all personal data which it has collected in the cloud (with data centre(s) within the EU). Notwithstanding ArchiSnapper / SafetySnapper's security policy, the checks it carries out and the actions it proposes in this context, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the internet, or any method of electronic storage is 100% secure, ArchiSnapper / SafetySnapper is, in this context, not in a position to guarantee absolute security.

Finally, the security of your (demo) account will also partly depend on the confidentiality of your password in obtaining access to the Platform and/or the App. ArchiSnapper / SafetySnapper will never ask for your password, meaning that you will never be required to communicate it personally. If you have nonetheless communicated your password to a third party – for example because this third party has indicated that it wishes to offer additional services - this third party shall have access to your (demo) account and your personal data via your password. In such cases, you are liable for the transactions which occur as a result of the use made of your (demo) account. ArchiSnapper / SafetySnapper therefore strongly advises you, if you observe that someone has accessed your (demo) account, to immediately change your password and contact us.

Cross-border processing of personal data

Any transfer of personal data outside the European Economic Area (EEA) to a recipient whose domicile or registered office is in a country which does not fall under the adequacy decision enacted by the European Commission, shall be governed by the provisions of a data transfer agreement, which shall contain (i) the standard contractual clauses, as referred to in the 'European Commission decision of 5 February 2010 (Decision 2010/87/EC)', or (ii) any other mechanism pursuant to privacy legislation, or any other regulations pertaining to the processing of personal data.

Update Privacy Declaration

ArchiSnapper / SafetySnapper is entitled to update this Privacy Declaration by posting a new version on the Website. As such, it is strongly recommended to regularly consult the Website and the page explaining the Privacy Declaration, to make sure that you are aware of any changes.

Other websites

The Website may potentially contain hyperlinks to other websites. When you click on one of these links, you may be redirected to another website or internet source that could collect information about you through cookies or other technologies. ArchiSnapper / SafetySnapper does not bear any responsibility, liability or control authority over these other websites or internet resources, nor about their collection, use and disclosure of your personal data. You must check the privacy declarations of these other websites and internet sources in order to be able to judge whether they act in accordance with the Privacy Legislation.

Contact ArchiSnapper / SafetySnapper

If you have questions about this Privacy Declaration, or the manner in which ArchiSnapper / SafetySnapper collects, uses or processes your personal data, please contact us: support@archisnapper.com

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Last update: May 25, 2018
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