The SnapWell mobile applications (“App(s)”) and related services (collectively, the “Services”) are made available to you (“you” or “your”) subject to these Terms of Service (“Terms”) and our Privacy Policy (“Privacy Policy”) (collectively, the “SnapWell Terms”). Services are provided to you by VLT Holdings, Inc. and its affiliates (“SnapWell,” “we,” “us,” or “our”).
By accessing and using the Services, signing up for an account, or indicating your consent, you agree to the SnapWell Terms. If you do not agree to any part of the SnapWell Terms, you may not use the Services.
You agree that the agreement formed by the SnapWell Terms is like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary rights, power, and authority to enter into this agreement and to perform your obligations hereunder.
The SnapWell Terms were written in English, and to the extent a translated version conflicts with the English version, the English version controls.
1. Registration, Accounts, Services
Who can use the Services
The Services are intended for adults. You must be at least 18 years old to use the Services.
No individual under the age of 18 may use the Services or provide us with any personal information. We do not knowingly collect personal information from anyone under 18. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and, if applicable, take steps to remove the data and delete that individual’s account.
You represent and warrant that you have verified in your own jurisdiction whether your use of the Services is allowed, that you will perform under these SnapWell Terms in compliance with all applicable laws, rules, and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.
Your Account
You may need to register for a SnapWell account to access or use the Services. You create your account using Sign in with Apple. When you create an account, you agree to provide accurate and complete information as part of the registration process and to keep that information up to date.
You agree to create only one account for your own personal use and not to share your account with others. You are responsible for maintaining the security of your account and for all activities that occur under it.
Please notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account.
You can delete your account at any time. If you delete your account, it usually cannot be recovered. Please note that deleting your account does not by itself cancel a paid subscription — see Section 3.
Changes to Services
We may provide updates (including automatic updates) for the Services, which may include upgrades, changes, modifications, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. The SnapWell Terms will apply to any and all Updates. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
We may change the Services at any time, including (a) terminating, eliminating, supplementing, modifying, adding, or discontinuing any Content (defined below), feature, data, or service on or available through the Services; (b) changing the software or other equipment required to use and access the Services; and (c) changing prices for the Services, if applicable. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability. Not all Services are available in all geographic areas or jurisdictions. Where aspects of our Services depend on third parties (for example, the AI and nutrition-data providers described in Section 6), you understand that those third parties may discontinue their services to us at any time, and as a result we may no longer be able to provide you with the affected features. We are not responsible for any action or inaction by such third parties or any resultant impact to our Services.
Changes to Terms
SnapWell reserves the right to update the SnapWell Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified SnapWell Terms. If the modified SnapWell Terms are not acceptable to you, please stop using the Services and delete your account.
2. Ownership and Use of Content
“Content” means all content and materials made available through the Services, including without limitation images, designs, graphics, text, information, data, nutritional information, software, scripts, and other files, and their selection and arrangement. “Your Content” means the meal photos, voice recordings, food and nutrition logs, and profile information you submit to the Services. “SnapWell Content” means all Content that is not Your Content.
SnapWell Content and all copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) therein and in the Services are the sole property of SnapWell and/or its licensors. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or other intellectual property rights or goodwill belonging to SnapWell or its licensors is prohibited. Except as otherwise specified herein, no licenses, express or implied, are granted to you, and all such rights are reserved and retained by SnapWell.
Our License to You
Subject to your compliance with the SnapWell Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and SnapWell Content for your own personal, non-commercial purposes, provided that you do not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, or otherwise commercially exploit any right in the SnapWell Content or Services.
If any open source or third-party code is incorporated in the App, such code is covered by the applicable open source or third-party license, if any.
Your License to Us
You retain ownership of Your Content. When you provide Your Content to SnapWell through the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, cache, copy, process, and transmit Your Content solely to operate and provide the Services to you — for example, transmitting a meal photo to our AI provider to identify the food in it, or storing your logs so they are available across your sessions.
This license exists only for the purpose of providing the Services to you and ends when Your Content is deleted, except for copies retained for a limited period in routine backups or as required by law. We do not use Your Content for advertising, and we will not use Your Content in any manner inconsistent with our Privacy Policy.
You are responsible for Your Content and represent and warrant that you have all rights necessary to submit it and that it does not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or other rights of any third party.
Feedback
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you provide Feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use it without restriction or compensation to you.
3. Premium Services
We offer certain premium versions of the Services (collectively, the “Premium Services”) for a fee. The Premium Services provide access to enhanced content, features, and functionality. We reserve the right to change our Premium Services at any time, including the features available in each, as further described in Section 1.
The Premium Services are currently offered as:
- Monthly subscription: $4.99 per month
- Annual subscription: $29.99 per year
Signing Up
By signing up for and using the Premium Services, you agree to pay the applicable fees, including ongoing subscription fees.
The Premium Services are purchased through, and billed by, the Apple App Store using the payment method associated with your Apple ID. We do not collect, receive, or store your payment card details; all billing is handled by Apple.
You can choose to pay on a monthly or annual basis. Unless otherwise stated, all fees are billed automatically to your Apple ID at the start of each subscription period. All purchases are subject to Apple’s policies, and our ability to give refunds is constrained by Apple, which processes all transactions.
Auto-Renewal
Subscriptions automatically renew at the then-current price unless you cancel at least 24 hours before the end of the current subscription period.
Cancellation
Because subscriptions are purchased through the Apple App Store, you cancel by managing your subscription in your Apple ID account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to the Premium Services through the end of that period. When your subscription ends, your account reverts to a free account.
Please note that deleting the App, or deleting your SnapWell account, does not cancel your subscription — you must cancel through your Apple ID settings.
Free Trials
We may offer free trials that provide access to Premium Services for a limited time at no charge. Unless you cancel before the end of the trial period, your access will automatically continue and you will be billed the applicable fees through your Apple ID. Once you cancel a free trial, you cannot resume it, even if time remained. You may not sign up for more than one free trial of a Premium Service at the same time.
Discount, Coupon, or Gift Codes
Discount, gift, and coupon codes, where offered, can only be applied when initially subscribing and to accounts not already subscribed. They cannot be combined with other promotions and cannot be exchanged, refunded, replaced, or redeemed for cash. It is your responsibility to use a code before it expires and to cancel before the end of any free or discounted period if you do not wish to continue at the regular price. SnapWell reserves the right to cancel discount and coupon promotions at any time.
Price Changes
To the maximum extent permitted by applicable law, we may change our prices at any time. We will give you reasonable notice of any pricing changes, and if you do not wish to pay the new price, you can cancel before the change takes effect. Price changes take effect at the start of the next subscription period following the change, and by continuing to use the Premium Services after the change takes effect, you accept the new price.
4. Health and Safety
We provide health and weight-management information and guidance only.
You should seek the advice of a physician or other qualified medical professional with any questions regarding your health before beginning any dietary program, exercise regimen, or other fitness or wellness activity referenced in our Services. If you are being treated for a health condition, taking prescription medication, or following a therapeutic diet, you should consult your physician before using the Services. If any information you obtain from the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANY CONTENT PRESENTED IN THE SERVICES.
Not Medical Advice
The Services (including all Content) are provided for general informational and self-tracking purposes only. SnapWell is not a medical professional or medical organization, and we do not provide medical services or render medical advice. The Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition. Nothing in the Services should be construed as medical advice or diagnosis, or relied upon when making medical decisions. Use of the Services does not create any doctor-patient relationship.
Estimates and Accuracy of Content
SnapWell identifies foods, estimates portions, and calculates nutrition values — including calorie and macronutrient figures — using automated systems, including third-party artificial intelligence and machine-learning models and third-party nutrition databases. These outputs are estimates only. They may be inaccurate, incomplete, or unreliable, and you should not rely on them as a precise measurement of what you consume.
You understand that AI and machine-learning technology and its outputs may contain errors or misleading information, may not be accurate or reliable, and can reflect biases present in the data used to train the underlying models. We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any Content or output and make no commitment to update it. WE MAKE NO REPRESENTATIONS AND EXPLICITLY DISCLAIM ALL RESPONSIBILITY WITH RESPECT TO FOOD SAFETY, ALLERGENS, OR CONTRAINDICATIONS TO MEDICATIONS.
Allergies
While we may use the information you provide to try to avoid recommending foods you have indicated you are allergic to, we may not have sufficient information about the ingredients of each food item. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING THEM.
Healthy Weight Management
We welcome users at many stages of their health journey, and our goal is to support sustainable habits. We promote healthy relationships with food and do not condone dangerously low levels of eating. Any use of our Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. If you feel our Services may not be the best choice for you, please do not use them.
5. Restrictions
The Services may be used only for lawful purposes and only for your personal, non-commercial use. SnapWell specifically prohibits the following.
No Commercial Use
You may not collect, harvest, or use any Content, data, or information made available via the Services for any purpose not explicitly authorized by us, including commercial exploitation, competitive analysis, or research and development of your own products or services.
No Disruption
You may not perform or attempt any action that would (a) interfere with or damage the proper operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources; (b) prevent access to or use of the Services by other users; or (c) impose any unreasonable or disproportionately large load on our infrastructure.
No Scraping
You may not engage in data mining or similar data-gathering or extraction activities, or retrieve data or content from the Services by automated means, including robots, spiders, crawlers, scrapers, indexing agents, or other automated tools. You may not bypass or attempt to bypass any measures we use to prevent or restrict access, including authentication mechanisms. You may not harvest or collect personal information about other users.
No Malicious Code
You may not post, transmit, upload, or otherwise provide any information or materials that contain viruses, worms, Trojan horses, logic bombs, malware, ransomware, or other harmful code.
6. Third Parties
Our Services rely on, link to, or interact with third-party services and products (“Third Party Services”). If you access Third Party Services, be aware that different terms and privacy policies apply. We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third Party Services, and your access and use of them is entirely at your own risk.
Service Providers
To deliver core features, the Services transmit certain of Your Content to third-party providers that process it on our behalf, including Anthropic (to identify foods from meal photos), OpenAI (to transcribe voice recordings), and FatSecret (to retrieve nutrition data). Account, log, and profile data is hosted on cloud infrastructure provided by Supabase. These providers are described further in our Privacy Policy.
Mobile Services
To use our App, you need a compatible Apple mobile device. We cannot guarantee the App will be compatible with or available on your device. Your carrier’s normal messaging, data, and other rates and fees will apply.
App Store
Our App is made available to you through the Apple App Store (the “App Provider”). You acknowledge and agree that:
- These Terms are an agreement between you and SnapWell only, and not with the App Provider. As between SnapWell and the App Provider, SnapWell is solely responsible for the App and its content.
- Your license to use the App is a non-transferable license to use it on any Apple-branded device that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
- The App Provider has no obligation to furnish any maintenance and support services for the App. SnapWell, not the App Provider, is solely responsible for providing maintenance and support.
- The App Provider is not responsible for any product warranties. In the event the App fails to conform to any applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price (if any) you paid for the App. To the maximum extent permitted by law, the App Provider has no other warranty obligation whatsoever with respect to the App.
- SnapWell, not the App Provider, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, SnapWell, not the App Provider, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Your use of the App must comply with any applicable terms of service of the App Provider.
- The App Provider and its subsidiaries are third-party beneficiaries of these SnapWell Terms, and upon your acceptance of these Terms, the App Provider will have the right to enforce them against you as a third-party beneficiary.
7. Digital Millennium Copyright Act
If you believe Content available through the Services infringes a copyright or trademark under U.S. or other national law, please notify us. We investigate allegations of infringement brought to our attention. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), please provide the following in your notice:
- Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are covered.
- Identification of the material claimed to be infringing, with sufficient detail for us to locate it.
- Your contact information, including name, address, telephone number, and, if available, email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
- Your physical or electronic signature.
Your notice must be signed and addressed to:
VLT Holdings, Inc.
6-05 Saddle River Road, Suite 169
Fair Lawn, NJ 07410
Attn: DMCA Requests
You acknowledge that if you fail to comply with all requirements of this section, your notice may not be valid. Some information in a notice may be forwarded to the user who posted the allegedly infringing content. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. See https://www.copyright.gov for more information.
8. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, SNAPWELL EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU. WHERE IMPLIED WARRANTIES MAY NOT BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.
To the maximum extent permitted by applicable law, we do not warrant that (a) the Services will meet your requirements or provide specific results; (b) the operation of the Services will be uninterrupted, virus- or error-free, or free from other harmful elements; or (c) errors will be corrected. You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SNAPWELL BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER OF THE SERVICES; AND/OR (E) DAMAGES RELATING TO ANY THIRD PARTY CONTENT OR THIRD PARTY SERVICES ACCESSED VIA THE SERVICES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SNAPWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN WHERE A REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF VLT HOLDINGS, INC. FOR ANY CLAIM UNDER THESE TERMS IS LIMITED TO THE GREATER OF FIVE HUNDRED DOLLARS (US $500.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE MONTHS. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set their prices in reliance upon the warranty disclaimers and limitations of liability set forth in these Terms, that they reflect a reasonable allocation of risk between you and us, and that they form an essential basis of the bargain between us.
10. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold VLT Holdings, Inc. harmless from any and all liabilities, claims, demands, losses, or expenses, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) Your Content; (b) your use of the Services; (c) your activities in connection with the Services; (d) your violation of the SnapWell Terms; or (e) your violation of the rights of any other person or entity, including any intellectual property, proprietary, privacy, or other rights. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. You shall not settle any matter without our prior written consent. This section survives any termination or expiration of the SnapWell Terms.
11. Governing Law
The SnapWell Terms shall be governed by and construed in accordance with the laws of the State of New Jersey and controlling U.S. federal law as applicable, without regard to conflict-of-law principles.
12. Dispute Resolution
You and SnapWell each acknowledge that the terms in this Section 12 are intended to reduce the financial burdens associated with resolving disputes and are not intended to delay adjudication of any party’s disputes.
This section applies to any dispute between you and SnapWell (each, a “Party”; together, the “Parties”) arising out of or relating in any way to the SnapWell Terms, our products or services, our advertising or marketing, our privacy and data security practices, and to any purchase, transaction, or other interaction with SnapWell, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis (each, a “Dispute”), including:
- Disputes that arose before this or any prior agreement;
- Disputes that would otherwise be subject to pre-existing class action litigation for which you may be a putative class member; and
- Disputes that may arise after the termination of the SnapWell Terms.
Notwithstanding the foregoing, this section will not preclude either Party from seeking provisional remedies in aid of arbitration (including orders to stay a court action, compel arbitration, or confirm an award), from applying to a court for interim or conservatory relief, or from seeking relief in court for disputes related to the violation or possible violation of SnapWell’s intellectual property rights. Additionally, either Party may bring a Dispute in small claims court consistent with applicable jurisdictional and dollar limits, by direct filing only.
Mandatory Informal Dispute Resolution
If you have a Dispute against SnapWell, or SnapWell has a Dispute against you, the Parties must first attempt to resolve it informally. You and SnapWell agree to engage in good-faith pre-suit/pre-arbitration discussions for no less than sixty (60) days (the “Informal Dispute Resolution Process”).
To commence the process, the initiating Party must send the other a written notice of Dispute (“Notice”) describing the facts and circumstances and the specific relief sought, with supporting documentation. Your Notice must be mailed via certified or registered mail with proof of receipt to:
VLT Holdings, Inc.
6-05 Saddle River Road, Suite 169
Fair Lawn, NJ 07410
Attn: Legal
We will send any Notice to you at your last-used billing address or the address in your profile. The statute of limitations and any filing-fee deadlines shall be tolled during the process. Completion of the Informal Dispute Resolution Process and expiration of the sixty (60) day period is an express condition precedent to either Party serving an arbitration demand or otherwise initiating a lawsuit. Any action commenced without first exhausting this process shall be subject to dismissal at the cost of the Party found to have prematurely commenced it.
Class Action Waiver; Jury Trial Waiver
YOU AND SNAPWELL AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. You agree that you will not be a member of any putative or actual class brought by anyone else against SnapWell, nor seek to become a class representative, and that any relief you seek will be confined to relief on your own behalf. To the fullest extent permitted by law, you and SnapWell each waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction (together, the “Class Action Waiver”).
Arbitration Agreement
You and SnapWell agree that DISPUTES SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT (the “Arbitration Agreement”).
To the maximum extent permitted by applicable law, any disputes arising out of or related to your use of the Services will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the U.S. Code), which governs the interpretation and enforcement of this Arbitration Agreement. By consenting to arbitration, neither Party limits its statutory or common-law rights or remedies.
Any arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date the action is commenced. The AAA Rules and Demand for Arbitration form are available at http://www.adr.org. You and SnapWell empower the arbitrator with exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of the SnapWell Terms or the formation of this contract, including the arbitrability of any Dispute. The arbitrator shall issue a reasoned award.
You and SnapWell agree to opt out of Rule 9 of the Consumer Arbitration Rules (Small Claims Option) and waive the right to return any Dispute to small claims court after the filing of an arbitration demand. Confidential information disclosed during the arbitration shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the award, and any permitted court filing of confidential information must be made under seal to the furthest extent permitted by law.
A court of competent jurisdiction shall have authority to enforce this section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If a court of competent jurisdiction determines these procedures are not enforceable as to your Dispute, then your Dispute shall proceed in court consistent with the remainder of the SnapWell Terms.
Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO ANY DISPUTE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT ACTION IS PERMANENTLY BARRED. A Dispute is considered commenced when the Notice described above is sent, or, if filed without such Notice, at the time of filing.
Opt-Out
The opt-out notice must be postmarked no later than the deadline and emailed to: privacy@snapwell.app. It must state that you do not agree to this Arbitration Agreement and include your name, address, phone number, and email address. This is the only way to opt out, and failure to comply strictly will render the opt-out null and void. If you opt out, all other parts of this Arbitration Agreement continue to apply.
Severability and Waiver
The waiver of any provision shall not be considered a waiver of any other provision or of SnapWell’s right to require strict observance of each term. If any provision of this section is found unenforceable or invalid, that provision shall be severable and the remaining provisions shall remain in effect. However, if the Class Action Waiver is found null and void as to an arbitration, then the Arbitration Agreement subsection shall not apply and the Dispute shall be subject to the jurisdiction of the state and federal courts located in Bergen County, New Jersey, to whose personal jurisdiction and venue you and we submit, NOT by binding arbitration.
If for any reason a Dispute proceeds in court rather than arbitration: (1) you and SnapWell waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither Party may be a class representative or member or participate in any class, representative, consolidated, or private attorney general proceeding.
13. International Terms
If you are not a United States resident and you access our Services from outside the United States, you agree to transfer certain information outside your location to us and to follow all laws that apply to you.
Our servers and operations are located primarily in the United States, and our policies and procedures are based primarily on United States law. Accordingly: (a) you consent to the transfer, storage, and processing of your information, including Your Content and any personal information, in the United States and/or other countries, subject to our Privacy Policy; (b) if you are in a location embargoed by the United States, or are on the U.S. Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access the Services; and (c) you agree to comply with all local laws, rules, and regulations applicable to you. The Services are 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 would subject SnapWell to any registration requirement.
14. Survival
If our relationship or these Terms terminate, that termination will not limit any of our other rights or remedies, and any provision that must survive in order to give proper effect to the intent of these Terms will survive, including without limitation Sections 2 (Ownership and Use of Content), 4 (Health and Safety), 5 (Restrictions), 8 (No Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), 14 (Survival), and 15 (Miscellaneous).
15. Miscellaneous
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of the SnapWell Terms or your use of the Services. The SnapWell Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the SnapWell Terms does not constitute a waiver of that right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these SnapWell Terms without our prior written consent. We may transfer or assign all or any part of our rights under these SnapWell Terms and may delegate or use third-party contractors to fulfill our duties.
Our notice to you via email or notices or links displayed in connection with the Services constitutes acceptable notice. We are not responsible for your failure to receive notice if email is quarantined by your email security system or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent via email, or twenty-four hours after it is first displayed in connection with the Services.
Any heading or section title is inserted only for convenience and does not define or explain any provision.
16. Contact Us
If you have feedback, questions, or comments about the Services, please contact our Support Team by email or by mail at:
VLT Holdings, Inc.
6-05 Saddle River Road, Suite 169
Fair Lawn, NJ 07410
Subject/Attn: “SnapWell Terms of Service”
Please include your full name, email address, postal address, and your message.