These are the Terms of Service (hereinafter "TOS") for using the services of Small-n-Tall GmbH (hereinafter "SnT"). They govern the contractual relationship between SnT and all individual and legal persons who use the apps, websites and services of SnT (hereinafter "Users").
2. Scope of Application
The use of the services of SnT is subject to these terms and conditions. These conditions apply to all apps and internet domains that belong to the services of SnT. By using the services of SnT, the User acknowledges to have read, understood and accepted these terms and conditions.
SnT operates various online, mobile and offline services, be it apps, websites, or other services.
SnT offers certain enhanced features of the Services which you can purchase as a monthly, yearly or forever subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order. If you choose to purchase a Subscription via the Services, you agree:
(a) to pay the applicable fees and any taxes;
(b) that SnT may charge your credit card for verification, pre-authorization and payment purposes if you purchase via the site, or if you purchase via the App, charge your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”); and
(c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.
You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on SnT until accepted and confirmed by SnT . All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
4.1.Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.
All amounts are payable and charged:
(1) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and
(2) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel.
You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or App Provider charges unless you have made a reasonable attempt at resolving the matter directly with SnT.
SnT reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined if we suspect the request or order is fraudulent, or in other circumstances, SnT deems appropriate in its sole discretion. SnT also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. SnT will either not charge you or refund the charges for orders that we do not process or cancel.
4.2-Changes to Price Terms.
SnT reserves the right to change its pricing terms for Subscriptions at any time and SnT will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to SnT’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by SnT regarding future functionality or features.
5. Use of SnT
Users are not entitled to use SnT. SnT has the liberty to reject or exclude users from the services operated by SnT.
SnT is liable only for direct damages caused by gross negligence or an intentional breach of contract by SnT. Any liability for direct damages of SnT caused by only minor fault - for whatever legal reason - is explicitly excluded. A liability of SnT for indirect or consequential damages - for whatever legal reason - shall be excluded completely and explicitly. SnT is not liable for damages that occur as a result of an interruption of their services. SnT is not liable for damages caused to users or third parties by the behavior of other users.
Users that cause damage to other users or third parties, indemnify SnT fully with respect to any claims and also assume the entire cost of the legal defense of SnT.
9. Final provisions
9.1. SnT reserves the right to change these terms and conditions independently at any time. User can object to these changes within one month by no longer using our services and, where applicable, by deleting their account.
9.2. SnT reserves the right to change any services arbitrarily. There is no entitlement for constant availability.
9.3. If any part of these Terms and Conditions be invalid, the remaining parts always remain valid.
9.4. As long as these terms and conditions don't provide otherwise, the provisions of the Swiss law, in particular, the Swiss Code of Obligations ("Obligationenrecht") apply. The place of jurisdiction is Basel-Stadt (Switzerland).
Last updated, September 23rd 2017