Terms of Use

1. Acceptance of Terms

By accessing or using Snapfire ("the Service"), operated by Netmark ("we," "us," or "our"), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not use the Service. Your continued use of the Service constitutes your acceptance of these terms and any future modifications.

2. Description of Service

Snapfire is a web-based tool that allows users to create encrypted, self-destructing messages. Messages are encrypted client-side using end-to-end encryption, and decryption keys are never transmitted to or stored on our servers. The Service is provided on an "as is" and "as available" basis.

3. No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or available at any particular time or location. We do not guarantee the accuracy, completeness, or reliability of any content or data processed through the Service.

4. No Guarantees

We make no guarantees regarding the performance, reliability, or availability of the Service. Specifically, we do not guarantee that:

• Messages will be delivered, stored, or destroyed as intended
• Encryption or decryption will function correctly at all times
• The Service will be available, operational, or accessible at any given time
• Data will not be lost, corrupted, or inadvertently disclosed
• The Service will meet your requirements or expectations
• Any errors or defects in the Service will be corrected

5. Use at Your Own Risk

You use the Service entirely at your own risk. You acknowledge and agree that you are solely responsible for any content you transmit through the Service and any consequences arising from such use. You should not rely on the Service as the sole means of secure communication or as a substitute for professional security measures. We strongly advise against using the Service to transmit highly sensitive information where failure of the Service could result in significant harm.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE, OR TEN DOLLARS ($10.00 USD), WHICHEVER IS GREATER.

7. Service Availability

We do not promise or guarantee that the Service will be available at all times. The Service may be suspended, discontinued, or modified at any time without prior notice. We may impose limits on certain features or restrict access to parts or all of the Service without notice or liability. We are under no obligation to maintain, support, or update the Service.

8. Software Functionality

The Service is software and, like all software, may contain bugs, errors, or unexpected behavior. The Service may not work as intended, described, or expected. We do not represent or warrant that the software is free of defects, viruses, or harmful components. You acknowledge that the Service is not designed or intended for use in situations where failure could lead to death, personal injury, or significant property or environmental damage.

9. User Conduct

You agree not to use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation. You are solely responsible for ensuring your use of the Service complies with all applicable laws. We reserve the right to terminate or suspend access to the Service for any user at any time, for any reason, without notice.

10. Indemnification

You agree to indemnify, defend, and hold harmless Netmark and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of another party.

11. Privacy and Data

Due to the end-to-end encrypted nature of the Service, we do not have access to the content of your messages. However, we may collect and store metadata such as message creation timestamps, expiration settings, and view counts. We do not sell or share any data with third parties. We are not responsible for any data loss, breach, or unauthorized access that may occur despite our security measures.

12. Intellectual Property

The Service, including its design, features, and content (excluding user-submitted content), is the property of Netmark and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without prior written consent.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Boise, Idaho.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Netmark regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact

If you have questions about these Terms, you may contact us at netmark.com.