Terms of Service

snapsails (“snapsails”, “we” or “our”) proudly offers client and business management offerings (the “Services”) for creative professionals (“Creatives”) and their Clients (“Clients”) (Creatives and Customers are referred to herein as “Users” or “you”). In order to use our Services, you will need to review, agree to, and adhere to the following terms and conditions for use, including the Community Standards and Acceptable Use Policy (the “Terms”). We also encourage you to review the snapsails Privacy Policy, which is incorporated by reference within these Terms.

Your Data

snapsails abides by all applicable privacy and data protection laws. Our Privacy Policy provides additional details about how we treat and protect your personal information.

Indemnification

You agree to indemnify and hold harmless snapsails, it’s contractors, and it’s licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of our Services, including but not limited to any violation of the Privacy Policy and/or these Terms.

Disclaimer of Warranties

Our Services are provided on an “as-is” basis and we make no guarantees the Services or platform will be free of errors, interruptions in service or technical issues. We make no warranties, express or implied, and hereby disclaim all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.

Limitation of Liability

By using our Services, you agree that the only remedies for your dissatisfaction with the Services are to delete your account or send snapsails an email at holler@snapsails.com.

Where allowed under applicable law, in no event will snapsails, it’s directors, officers, employees, third-party affiliates, or agents be liable for (i) any special, incidental or consequential damages related to your use of our Services; (ii) any interruption of use of our Services or loss or corruption of data; or (iii) any related lost profits. Our liability arising from the Privacy Policy, these Terms and the use of our Services will not exceed the greater of $100 or the total amount you have paid us for the Services in the past 12

months.

Termination of Services

We may, in our sole discretion, restrict your access to all or part of the Services, deny providing Services or permanently delete your account, at any time, with or without reason, and with or without providing notice.

Intellectual Property Violations

If you believe a user has violated the intellectual property of others, you can report the content by contacting Todd Little or Kattie Jackson at holler@snapsails.com. If we determine there has been an infringement, the infringing material will be removed from the platform.

Please include the following information:

• A list of each individual registered work claiming to have been infringed (the “Work(s)”);

• A description of the location of each Work on the platform (please be as detailed as possible and provide the URL, if applicable);

• Contact information of the complaining party, including name, address, telephone number, and email;

• A statement that the complaining party has a good faith belief it is an unauthorized infringement;

• A statement that the above information is accurate, and under penalty of perjury, that the

complaining party is either the owner of the Work(s) or authorized to

Future Amendments

We reserve the right to make changes or updates to these Terms at any time, so we encourage to you periodically return to review these Terms. Your continued use of the Services following any updates shall mean that you agree and accept such changes.

Governing Law and Venue

Our Services are protected by applicable copyright, trademark, and other US and foreign laws. All claims arising out of or relating to the Privacy Policy, these Terms or the use of the Services will be governed by Georgia law.

Dispute Resolution

A good faith attempt to resolve any issue with snapsails must be made before the escalation of any claim or dispute. Please include a description of your issue, any other pertinent information, and the resolution you seek in your email to Todd Little or Kattie Jackson at holler@snapsails.com. If a claim is escalated, Any dispute beyond mutual resolution first, must be tried in mediation before litigation. 

YOU AGREE THAT ALL CLAIMS, WITH THE EXCEPTION OF CLAIMS RELATED TO INTELLECTUAL PROPERTY, WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. IF YOUR CLAIM QUALIFIES UNDER SMALL CLAIMS COURT, YOU MAY ALSO BRING YOUR CLAIM THERE. FOR ANY CLAIM THAT IS NOT ARBITRATED OR RESOLVED IN SMALL CLAIMS COURT, YOU AGREE THAT IT WILL BE RESOLVED EXCLUSIVELY IN THE STATE COURTS LOCATED IN GEORGIA OR THE U.S. DISTRICT COURTS IN COBB COUNTY. YOU AND SNAPSAILS EXPRESSLY WAIVE A TRIAL BY JURY.

Community Standards and Acceptable Use Policy

At snapsails, we’re committed to fostering a safe, respectful, and reliable experience for all users so that professional creatives can grow and thrive in their business. By using our platform, you agree to the following expectations (the “Expectations”)

• No Pornographic or Explicit Content: snapsails is not a platform for sharing, storing, or

transmitting sexually explicit, pornographic, or offensive content (“Prohibited Content”). This

includes but is not limited to images, language, or links containing Prohibited Content.

• Minimum Age Requirement: Users must be 16 years or older to use our services. We do not knowingly collect or permit data or activity from anyone under the age of 18.

• Contract Integrity: When using our platform to send, receive, or sign contracts between a Creative and a Customer, users agree that they intend to uphold the terms within such contract. 

BY USING OUR SERVICES, USERS AGREE THAT SNAPSAILS IS NOT A PARTY TO ANY

USER-GENERATED CONTRACT AND IS NOT LIABLE FOR BREACHES OR

DISPUTES ARISING FROM SUCH CONTRACTS AGREEMENTS.

• Mediation First Policy: Should a legal dispute arise involving snapsails, you agree to pursue mediation before litigation. This includes any disagreement related to the platform’s use, performance, or terms.

• No Harassment or Abuse: Users may not harass, threaten, defame, or abuse others through the platform.

• No Illegal Activity: You agree not to use snapsails for any unlawful purpose, including fraud,

identity theft, impersonation, or distributing malware or viruses.

• Respect for Intellectual Property: Do not upload or share content that infringes on someone else’s copyright, trademark, or other protected rights.

• No Spam or Platform Misuse: Do not use automated bots, spamming tools, or any method that interferes with the experience or security of snapsails or its users.

• Truthful Representation: You must provide accurate information when setting up an account or conducting business on the platform.

• Reporting Misuse: You agree to report inappropriate content or breaches of these Expectations to snapsails at holler@snapsails.com.

• Right to Remove Content or Accounts: snapsails reserves the right to remove or restrict content and accounts that violate these Expectations.

• Right to Update Terms: snapsails reserves the right to amend, modify, and update the Community Standards and Acceptable Use Policy. Continued use of the Services indicates your acceptable of any amendments.

How to Contact Us

Please contact us at the following email or mailing address if you have any questions, comments or concerns regarding these Terms and Conditions: holler@snapsails.com