End User License and Terms of Service

Effective Date: February 4, 2023

Last Updated Date: May 18, 2023

Thank you for choosing to subscribe to and use the SnappyRun app. This document contains the terms and conditions (“Terms and Conditions”) that govern your use of SnappyRun, Inc. By using SnappyRun, you agree to these Terms and Conditions on your own behalf or on behalf of your employer or another entity, and you agree to be bound by them. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to these terms and conditions.

The Service

Description: The Service provides a network for independent delivery carriers (“Delivery Carriers”) to offer delivery services (referred to as “Projects”). Any person using the Service to connect with Delivery Carriers is considered a “Customer.” SnappyRun does not provide professional services. While SnappyRun offers tools, information, and a method for Customers to obtain services, it does not directly provide these services and does not intend to do so.

Limitations: SNAPPYRUN DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NEITHER A TRANSPORTATION CARRIER NOR A DELIVERY, MOVING, OR HAULING OF FREIGHT CARRIER. THE OFFERING AND PROVISION OF PICK-UP, CARRY, AND DELIVERY SERVICES SCHEDULED THROUGH THE SERVICE ARE THE RESPONSIBILITY OF CUSTOMERS AND DELIVERY PROFESSIONALS. SNAPPYRUN ONLY PROVIDES INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENTS FOR SUCH SERVICES. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the SnappyRun Parties from and against any claims, actions, or demands, including reasonable legal and accounting fees, arising from your breach of this End User License Agreement (EULA) or your access to, use, or misuse of the SnappyRun Content or Service. SnappyRun will notify you of any such claim, suit, or proceeding and reserves the right to assume exclusive defense and control of any matter subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests to assist SnappyRun’s defense.

Prohibited Actions

When using the Service, you agree not to:

(i) Take any action that excessively burdens the Service’s infrastructure.

(ii) Use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Service or any activity conducted on it.

(iii) Distribute SnappyRun, its associated services, or software derived from it, except for business use within your organization, without obtaining prior written permission from SnappyRun.

Payments

By agreeing to these Terms and Conditions, you authorize SnappyRun, Inc. to process your credit card on file after each successful delivery completion. You also agree to promptly notify SnappyRun of any changes to your credit card information, such as expiration dates or changes to the card itself. If your credit card processing is unsuccessful, it is your responsibility to provide SnappyRun with alternative credit card account information for immediate processing. Failure to make timely payments, defined as payments not received within 5 business days, may result in the suspension of your account until your payment status is brought up to date. Furthermore, you agree to provide current, complete, accurate, and updated payment information. Failure to pay for any Paid Services makes you personally liable and responsible for all amounts due upon demand. You may cancel Paid Services at any time through your Account Settings or by terminating your account, but no refunds will be issued for terminated Paid Services before the end of the commitment period. All Paid Services are subject to the Terms of Use and the Privacy Policy.

Information Practices

Protecting user privacy is of utmost importance to SnappyRun. By using SnappyRun, you agree to the terms outlined in the SnappyRun Privacy and Security Policy, which may be updated periodically. Information collected by SnappyRun may be stored and processed in the United States or any other country where SnappyRun Inc. or its agents maintain facilities.

Intellectual Property

You acknowledge that SnappyRun owns all rights, title, and interest in SnappyRun, its portions, software, and content provided through or in conjunction with SnappyRun. This includes all Intellectual Property Rights. “Intellectual Property Rights” refers to rights under patent law, copyright law, trade secret law, trademark law, unfair competition law, and all other proprietary rights, whether existing now or in the future. You agree not to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble, or attempt to derive source code from SnappyRun. You also agree not to extract significant portions of SnappyRun files for use in other applications. Additionally, you agree not to remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within SnappyRun.

Changes to Terms of Service

SnappyRun reserves the right to modify the contents of these Terms and Conditions at its sole discretion, providing you with a 30-day notice. By continuing to use the Service after the modification, you agree to be bound by the updated Terms and Conditions. We recommend reviewing the most current version of the Terms and Conditions periodically.

Arbitration and Governing Law

These Terms of Use and any disputes between you and SnappyRun shall be governed by the laws of the state of Texas, without regard to principles of conflicts of law. In the event of any claim or controversy arising from the use of the Site or Services or related to an alleged breach of the Terms of Use, you agree to settle the matter exclusively through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Houston, Texas, before a single arbitrator. By using the Site or Services, you waive your right to go to court to assert or defend any claims against SnappyRun and your right to participate in class actions or other class proceedings. Claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. The arbitration award may be entered as a judgment in any court having jurisdiction in Houston, Texas. In situations requiring immediate protection of property rights, you or SnappyRun may seek preliminary or interim relief from a court of competent jurisdiction in Houston, Texas, while arbitration is pending. If this arbitration agreement is deemed unenforceable, any litigation against SnappyRun may be initiated only in federal or state courts located in Houston, Texas. By using SnappyRun, you irrevocably consent to the jurisdiction of those courts for such purposes.