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Terms of Use

1. AGREEMENT TO TERMS

BoMA Idea SA, Via Loreto 12, 6900 Lugano (hereinafter “BoMA Idea”, “we”, “us” or “our”), is a company who operates the application snapsite.

We provide a Platform (hereinafter “the Platform”) which enables individuals working for all type of companies to capture photographs on construction sites. These photographs are automatically archived in the cloud, organized by construction sites, using the location of the phone that takes the photo.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter “you”) and concerning your access to and use of the Platform. You agree that by accessing the Platform, you have read, understood and agree to be bound by all of these Terms of use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the Platform and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in BoMA Idea’s sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed as each time you access the Platform, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms of Use.

The Services are intended for business users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

You can find our complete contact details at the end of these Terms of Use.

2. INTELLECTUAL PROPERTY RIGHTS

A. Our intellectual property:

We are the owner or the licensee of all intellectual property rights in our Platform, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Platform (hereinafter collectively the “content”, as well as the trademarks, service marks and logos contained therein (hereinafter the “marks”).

B. Your use of our Platform

Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable revocable license to:

  • access the Platform,
  • submit the photographs, and
  • download or print a copy of any portion of the content to which you have properly gained access

solely for your business purpose.

Except as set out in this section or elsewhere in our Terms of Use, no part of the Platform and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Platform, content or marks other than as set out in this section or elsewhere in our Terms of Use, please address your request to support@snapsite.xyz.

If we ever grant you the permission to post, reproduce or publicly display any part of our Platform, or content you must identify us as the owners or licensors of the Platform, content or marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing or displaying our content.

We reserve all rights not expressly granted to you in and to the Platform, content and marks.

Any breach of the intellectual property rights will constitute a material breach of our Terms of Use and your right to use our Platform will terminate immediately.

C. Your contributions

Please review this section and the “prohibited activities” section (cf. section 6) carefully prior to using our Platform to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Platform.

The Platform may invite you to post photographs, chat, contribute to messages, and other functionality during which you may create, submit, post, display, transmit, publish, distribute or broadcast content and materials to us or through the Platform.

You understand that contributions may be viewable by other uses of the Platform.

When you post contributions, you grant us a license (including use of your name, trademarks and logos). By posting any contribution, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt in whole or in part, and exploit your contributions for any purpose, commercial, advertising, or otherwise, prepare derivative works of, or incorporate into other works, your contribution and to sublicence the licenses granted in this section.

You are responsible for what you post or upload: By sending us contributions through any part of the Platform you:

  • confirm that you read and agree with our prohibited activities and will not post, send, publish, upload, or transmit through the Platform and submission or contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
  • warrant that any contributions are original to your or that you have the necessary rights and licenses to submit such contributions;
  • warrant and represent that your contributions do not constitute confidential information.

You are solely responsible for your contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Platform, 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 such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Platform. 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:

A. Fees for subscriptions

Fees for Subscriptions (hereinafter “Subscription Fees”) shall be based on the length of your Subscription (hereinafter “Subscription Period”). All Subscriptions will auto-renew at the end of the then Subscription Period.

We bill you for all initial and recurring Subscription Fees through an online billing account and you agree to provide (and keep updated) current, account information including email address, payment method, and payment card expiration date, so that we can process your payments and contact you as needed.

Our prices may be updated from time to time so please make sure that you check our current Subscription Fees before placing your order. All payments shall be in CHF.

B. Accepted forms of payment

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • Diners Club
  • China Union Pay
  • Apple Pay
  • Google Pay
  • Paypal

You agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then 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 in accordance with the cancellation information described in this section below.

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 Platform. In such case we will notify you by email and refund you any Subscription Fees that you have paid.

You can cancel your Subscription Plan 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 your current Subscription Period. Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances.

6. PROHIBITED ACTIVITIES

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform 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 Services, you agree not to:

  • systematically retrieve data, or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • use a buying agent or purchasing agent to make purchases on the Platform;
  • use the Platform to advertise or offer to sell goods and services;
  • circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
  • engage in unauthorized framing of or linking to the Platform;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
  • attempt to impersonate another user or person or use the username of another user;
  • sell or otherwise transfer your profile or account;
  • use any information obtained from the Platform in order to harass, abuse, or harm another person;
  • use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the content for any revenue-generating endeavor or commercial enterprise beyond the license granted to you under these Terms of Use;
  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
  • attempt to bypass any measures of the application or software designed to prevent or restrict access to the Platform, or any portion of the Platform;
  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
  • delete the copyright or other proprietary rights notice from any content;
  • copy or adapt the software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the software or the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the software or the services;
  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1Ă—1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, or offline reader that accesses the software or the services, or using or launching any unauthorized script or other software;
  • disparage, tarnish, or otherwise harm, in our opinion, and the Platform;
  • use the Platform in a manner inconsistent with any applicable laws or regulations.

7. APPLICATION LICENSE

A. Use license

If you access the Platform via the application, then we grant you a revocable, non-exclusive, non-transferable limited right to install and use the app on wireless electronic devices owned or controlled by you, and to access and use the app on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the app; (2) make any modification, adaptation, improvement enhancement, translation or derivative work from the app ; (3) violate any applicable laws, rules or regulations in connection with your access or use of the app; (4) remove, alter, or obscure any proprietary notice (including any notice of copyrights or trademark) posted by us or the licensors of the app ;(5) use the app for any revenues -generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended ; (6) make the app available over a network or other environment permitting access or use by multiple devices or users at the same time ; (7) use the app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the app; (8) use the app to send automated queries to any website; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design , development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the app.

B. Apple and Android Devices

The following terms apply when you use the app obtained from either the Apple Store or Google Play (hereinafter each an “app distributor”) to access the Platform:

(1) The license granted to you for our app is limited to a non-transferable license to use the application on a device that use the Apple IOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app distributor’s terms of services;

(2) we are responsible for providing any maintenance and support services with respect to the app as required under applicable law, and you acknowledged that each app distributor has no obligation whatsoever to furnish any maintenance and support service with respect to the app;

(3) in the event of any failure of the app to conform to any applicable warranty, you may notify the applicable app distributor and the app distributor, in accordance with its terms and polices, may refund the purchase price, if any, paid for the app, and to the maximum extent permitted by applicable law, the app distributor will have no other warranty obligation whatsoever with respect to the app;

(4) you must comply with applicable third-party terms of agreement when using the app, e.g if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the app, and,

(5) you acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in these mobile application license contained in the Terms of Use, and that each app distributor will have the right to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

8. PRIVACY POLICY

We care about data privacy and security. By using the Platform, you agree to be bound by our Privacy Policy which is incorporated into these Terms of Use.

Please be advised the Platform is hosted in Germany. If you access the Platform form any other country with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through you continued use of the Platform, you are transferring your data to Germany and you expressly consent to have your data transferred to and proceed in Germany.

9. DATA PROTECTION

We are responsible for the collection, processing and use of your data and must ensure compliance with Swiss law and any applicable European law. We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations.

10. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the platform. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may termination your use or participation in the Platform or delete your account and any content or information that you posted at any time without warning in our sole discretion.

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

11. MODIFICATIONS AND INTERRUPTIONS

We cannot guarantee the Platform will be always available. We may experience hardware, software or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Noting in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection.

12. GOVERNING LAW AND PLACE OF JURISDICTION

Governing law: Substantive Swiss law shall apply to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply and are herewith excluded.

Place of jurisdiction: The place of jurisdiction is Lugano, Switzerland.

13. DISCLAIMER

The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform will be at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites or mobile application linked to the Platform 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 Platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and /or financial information stored therein, (4) any interruption or cessation of transmission to or from the Platform, (5) any bugs viruses trojan horses or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any king incurred as a result of the use of any content posted, transmitted or otherwise made available via the Platform. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website or any website or mobile application feature in any banner or other advertising and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use you best judgement and exercise caution where appropriate.

14. CONTACT US

You can contact us by email at support@snapsite.xyz, or by post to BoMA Idea SA, c/o Matteo Bosco, Via Loreto 12, 6900 Lugano.

Version effective as of 08 February 2024, Lugano