Terms of Service

This TinySnap Terms of service agreement (the “Agreement“) governs the contractual relationship between Moonway LLC as a service provider and any natural person as a service user.

1. General provisions and definitions

1.1 Moonway LLC is a legal entity, incorporated under the laws of the State of Delaware, USA, legal entity file No. 6719444, address 8 The Green, Suite B, Dover, DE 19901, USA (the “Company” / “us” / “we”). The Company is the authorized seller and Merchant of Record for the Services. The System is powered by a proprietary platform owned and technically managed by our affiliated technical operator (the "Platform Owner").

1.2 Any person using Company’s services / systems as indicated in this Agreement is considered to be a client of the Company under this Agreement (the “Client” / “You”):

1.2.1 The Company offers services only for natural persons of legal age.

1.2.2 You, as a natural person, as well as a user of the Company‘s services, shall be responsible for making sure You are applicable to use the Company‘s services.

1.3 The Company provides a web-based platform that enables users - primarily parents and family members to upload personal photos and transform them into studio-quality, artistically enhanced portraits. The platform uses AI-powered image generation technology to create stunning customized visual outputs. TinySnap combines artistic design models, photo enhancement algorithms, and predesigned creative themes (e.g., cozy, floral, dreamlike, seasonal, etc.) to produce high-quality, realistic family portraits suitable for digital sharing, printing, or personal keepsakes (the “Services”). The Services can be reached and used via designated website https://mytinysnap.com (the “Website”) and any other system / online ecosystem used by the Company to provide You Services shall collectively be referred to as the “System”:

1.3.1 Full list of the Services is indicated on the System. The Services consist of digital content that is not supplied on a tangible medium.

1.3.2. The exact functionalities of the features are visible in the System.

1.3.3 To see the tailored proposal for the Services and to conclude Your order for Services You shall:

1.3.3.1 Visit the Website and upload one or multiple photos (JPEG/PNG formats) hereinafter may be referred to as the “Generated content” or simply as the “content” and provide required initial information.

1.3.3.2 Provide Your email address. This email address will be used by the Company to communicate with You regarding Your orders/use of the Services or System.

1.3.3.3 Purchase the desired subscription plan.

1.3.4. The Generated content is provided solely for informational and entertainment purposes and does not constitute a professional service. It is intended to enhance user experience by enabling the Company to deliver personalized recommendations, offers, and services.

1.3.5. Any photo upload You provide will be used solely for the purpose of generating the final result of the Services and is processed in accordance with the Privacy Policy. Any photo uploaded by the Client is provided voluntarily and at the Client’s sole risk. The Client represents and warrants that they have all necessary rights to upload the photo and that it does not violate the rights of any third party nor individual. The Company does not review, endorse, or verify uploaded photos and shall not be responsible or liable for any consequences arising from their use, including but not limited to misuse, unauthorized distribution, or exposure of personal information. The Client acknowledges that they are solely responsible for the content of any uploaded photos and any outcomes resulting from their use in the Services.

1.3.6 The Company shall not be held liable for any loss, damage, or consequences arising from the creation, use, or interpretation of the Generated content. The Client acknowledges that the tools used to produce the Generated content are intended for entertainment purposes only, and that results may vary depending on the input data, settings, and processing methods used.

1.3.7 The Generated content will become accessible to You once you choose the option to claim it (by clicking „Unlock My Complete Gallery“ or similar option on the System) and the payment for chosen subscription plan is made by You using payment methods available on the Website. If an existing Client wishes to upgrade or change the current plan, the Client shall upgrade or change the current plan by contacting us at “Contact Us” section or via email hello@mytinysnap.com with a request to change the order.

1.3.8 The price applicable to You as the Client is shown on the System and includes the following information: a) regular price; b) price with a discount applicable during the discount period (if any); c) general information about the subscription model applicable to Your order. The Company shall have a right to provide additional information and change its placement.

1.3.9 You must read all disclaimers and information provided regarding the price, payment method and subscription model, including the Subscription and Refund Policy also, consider the proposed price before making the order and paying for the Services.

1.3.10 By making the payment for the Services You conclude this Agreement.

1.3.11 Once You pay for the selected subscription plan, You will be enabled to use the Services using PWA after completing Account creation procedure (Clause 2 of this Agreement).

1.3.12 The list of actions in this Agreement may change based on the way You reach the System (via internet search, using promo link, etc.). However, in all cases You shall be asked to provide Your email address and confirm Your order by making a payment.

1.3.13 The Company shall have a right to change the list of Services from time to time, without any prior notification to the Client.

1.3.14 The Client shall be entitled to use the particular part of the Services for which the Client has paid in full, only for the paid period.

1.3.15 The Services and System are available globally with possible restrictions in some areas due to regulatory restrictions. The Client shall be obligated to make sure it is legal to access System / use the Services in Client’s location.

1.4 By making the payment as indicated in the Clause 1.3.8 and further using the Services in any scope You are agreeing with the Agreement and any other rules governing Services / System. For the avoidance of doubt, by using Services / System, You acknowledge reading the Agreement and understanding that You have entered into a legally binding agreement between You, as a user, and the Company, as a service provider.

1.5 This Agreement takes effect at its full scope at the moment You click “Unlock My Complete Gallery” (or similar option that is available on the System to claim the program) and make the payment for the selected subscription plan on the System. The rules of this Agreement mutatis mutandis are applicable to the purchase of any separate (one time) services or products, as well as to the use of System prior to making the payment for the Services / without signing up to the System / creating the Account, including but not limited to, the rules set forth in Privacy Policy, Subscription and Refund Policy and Acceptable Use Policy.

1.6 Withdrawal. By entering into this Agreement, You expressly agree to waive Your right of withdrawal, as the Services (and any products purchased) consist of digital content that is not supplied on a tangible medium or to any other personalized products purchased as a physical goods. By purchasing digital products and / or personalized products, the Client provides prior consent and acknowledges that the Company will begin the immediate performance of the Agreement. The Client further acknowledges that they will lose the right of withdrawal. Therefore, refunds will not be provided unless there’s a fault by the Company regarding the provision of the Services. By entering into the Agreement You familiarize Yourself with the Subscription and Refund Policy.

1.7 You may contact the Company by completing the inquiry form in the 'Contact Us' section of the Website or by emailing hello@mytinysnap.com. Please note that inquiries submitted via the website 'Contact Us' form are prioritized and will receive a faster response.

1.8 The Company shall have the right to unilaterally modify and / or update the Agreement at any time without notice. The continuous use of the Services by the Client shall be deemed as acceptance of Agreement in the last and most updated version. Any Client shall periodically check and assess the Agreement. About any changes You will be notified via email or a notification on PWA. The latest version of the Agreement shall be available at these Terms of Service.

1.9 By agreeing to this Agreement, You acknowledge and agree that the Company may process Your personal data without Your consent where processing is necessary for the performance of the Agreement to which You are a party. Uploaded photos and generated portraits are stored temporarily and securely for processing and delivery. TinySnap does not share user photos or generated content with third parties, except as necessary to operate the Service provision. You may request deletion of photos or account data at any time following the process indicated to Privacy Policy.

IMPORTANT: through demo flow photos uploaded and not claimed by payment - if stored, are deleted automatically after 14 calendar days.

1.10 If You disagree to be bound by the terms and conditions of this Agreement in any scope or way, You must not use or must immediately cease Your use of the System / Services or any part of it, as well as its features and functionalities.

2. Creating an account

2.1 If You wish to use the Services, You must follow the instructions provided by the Company and register to the System by filling the registry form and providing necessary information / confirmations. The instructions on how to install PWA and create an Account shall be provided to you once you make the payment for the Services, also – via email alongside order confirmation. Once all steps are fulfilled, You will be able to use Your user’s account (the “Account”).

2.2 To use the Services, You may save the PWA on Your device (if provided by the Company) home screen as indicated in the instructions or reach the System using internet browser.

2.3 Upon using the System, the Client shall allow cookie use by customizing the preferences or by allowing all cookies. The Client must read the terms and conditions applicable to cookies used by the Company for the provision of the Services and proper usage of the System. The latest version of Privacy Policy, containing cookies’ policy, is available at Privacy Policy.

2.4 Upon registration, the Client must provide:

2.4.1 Email

2.4.2 Unique password, created by the Client.

2.4.3 A confirmation that the Client agrees to the Agreement and other applicable policies of the Company.

2.5 It is mandatory for the Client to accept Agreement, Privacy Policy and any other rules governing Services / System (if any).

2.6 The Client might be asked to perform a test to tell computers and humans apart and to complete it successfully as a mandatory step for creating an Account. The Client may be asked to perform such tests while completing logging-in procedure or when confirming order / payment / withdrawal or at any other stage at the discretion of the Company.

2.7 The Company shall be entitled to change the list of required information by modifying, adding, or reducing the list of data needed for the creation of an Account.

2.8 The Client must provide its payment details to conclude the order for Services.

2.9 The Company shall be entitled to ask You to re-submit or renew any of the data needed for the creation of the Account / ordering the Services. Such requests can be made at any time periodically or on an ad-hoc basis, upon the Company’s decision.

2.10 By creating the Account, the Client declares that the information provided to the Company is true, complete, valid, up-to-date and that the Client is the owner / has legitimate ground for the usage of resources indicated. For the avoidance of doubt, the Client confirms using its own email address, using its own bank account to pay for the Services, and using its own device for the PWA, etc.

2.11 Accounts can be created only for personal use. The Client shall not share its log-in credentials with any third-party or unauthorized person. The Account is strictly for own use and cannot be used to use Services behalf of another individual or entity.

2.12 The Client shall always keep Account and payment data up-to-date. The Client may amend its data at any time using PWA (if applicable).

3. Suspension of the provision of Services and removing the access to the Account:

3.1 In instances where the Account holder does not match the owner of the Account, or if there are any other discrepancies between the provided information, the Company might not be able to proceed with the provision of the Services. The Company reserves the right to suspend any provision of the Services (in part or in full) and / or to remove access to the Account at any time upon the decision of the Company.

3.2 In addition to the Clause 3.1., the access to the Account may be denied / removed and the Service provision may be suspended at the discretion of the Company if:

3.2.1 The Client breached material obligations under this Agreement (for example, an obligation to pay in full and in time for the Services ordered), violated its warranties.

3.2.2 The Client is not of a legal age.

3.2.3 The Client is using Services / reaching the System from the restricted location.

3.2.4 The Client violates Acceptable Use Policy rules. This is the latest version of Acceptable Use Policy.

3.2.5 The Client’s actions in any way pose security, reputational, financial or other risks to the Company, its affiliates, any other third-party, proper functioning of the System, proper provision of the Services to any other person.

3.2.6 The Client’s actions are in any way in a breach of any applicable law or regulation, including generally accepted rules of good morals.

3.3 In case the Client’s right to access the System or to use the Services is suspended, the Company shall inform the Client by providing a written notice via email. Such notice should include the reason for suspension, the term of suspension (if the suspension is indefinite, the notice should indicate so), any action the Client needs to take in order to eliminate the violation (if any) in order to lift the suspension.

3.4 In case the Client is given an opportunity to eliminate the violation, the Company shall give an appropriate time period for the Client to do so. The decision whether to set a time period and if so, for what duration, is at the sole discretion of the Company.

3.5 In all cases where the Company has reason to suspect that a violation of legal acts has been committed, the company shall have the right to address competent law enforcement authorities and, if the suspicions are confirmed, to ban the Client in fault from using the Services for life or for any other period upon sole discretion of the Company.

4. License to access and use the System

4.1 Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company materials solely in connection with Your use of the System and Services. You might need to order and pay for a certain Service / Service package to use the System and be granted the limited license. For the avoidance of doubt, the Client acknowledges its understanding that the duration and scope of the license granted is inextricably linked to the Services ordered / paid for by the Client.

4.2 The System is intended for personal and Your own legitimate use, and only for lawful and legitimate purposes, as outlined in the Agreement and any applicable laws.

4.3 The Company materials may not be used for any other purpose than indicated in this Agreement, and this license terminates upon Your cessation of use of the System or Services or at the termination of this Agreement.

4.4 The Company shall have a right to cease supporting the System or its part or any functionality of the System at any time for any period of time. In such event Client’s license to use the System shall be automatically suspended.

4.5 Unless otherwise stated, the Platform Owner is the owner of the intellectual property rights in the System and material on the System. The Client acknowledges that all and any intellectual rights including but not limited to the infographics, data, reports, specifications and any other materials in any medium, which were provided by the Company and in connection with the System are the sole and exclusive property of the Platform Owner.

4.6 The Client obliges not to violate any intellectual property rights owned by the Platform Owner or sought to be protected by the Company and shall use all such intellectual property for intended purposes only. This includes the copyrighted and protected merchandise, resources and Company’s, Platform Owner’s and Company’s products logo and trademarks. The Client shall not:

4.6.1 Republish material from the System unless it is separately allowed by the Company in writing.

4.6.2 Sell, rent or sub-license material from the System unless it is separately allowed by the Company in writing.

4.6.3 Show any material from the System in public.

4.6.4 Reproduce, duplicate, copy or otherwise exploit material on the System for a commercial purpose.

4.6.5 Redistribute material from the System.

4.6.6 Edit or otherwise modify any material on the System.

4.6.7 Use the System in any way that causes, or may cause, damage to the System or impairment of the availability or accessibility of the System.

4.6.8 The Agreement, including terms and conditions regarding the license, applies to all versions of the System, as well as any separate functionality and/or its derivatives.

4.6.9 All rights not expressly granted to You in this Agreement are reserved by the Company.

5. Risks

5.1 As a Client, You acknowledge understanding and accepting the following risks associated with the use of System and Services. Not limited to these examples, You acknowledge being aware of the inherent risks set forth above and hereinafter:

5.1.1 Risk related to the nature of the Services and content type:

5.1.1.1 The Services may include, without limitation, AI-powered image processing that transforms Client-uploaded photos into studio-quality, artistically enhanced portraits, advanced customization options allowing the Client to select preferred artistic styles or visual enhancements, automated adjustments to improve image quality, and access to AI-driven tools designed to refine or personalize the appearance of the final portraits. All content provided through the Services, including AI-generated portraits, stylistic enhancements, and any automated visual recommendations, is intended solely for personal enjoyment and informational purposes. Such content does not constitute professional advice, and the Client remains solely responsible for the photos they upload and any decisions they make in connection with the use of the Services.

5.1.1.2 The information and content presented within the Services may be derived from various sources, including but not limited to the Client’s uploaded photos, publicly available datasets, training data used for AI model development, and AI-generated processing based on the Client’s inputs. Consequently, the accuracy, reliability, and aesthetic results of any generated portraits or related content are not guaranteed by the Company, and the Company shall not be held liable for any reliance placed on such content by the Client.

5.1.1.3 The Client acknowledges and agrees that content generated within the System may vary in style, quality, and presentation due to the inherent nature of AI image generation algorithms and processing methodologies. Visual outcomes and artistic interpretations may differ with each individual use, and varying inputs or preferences will produce different results. Accordingly, the Client is advised to review all generated portraits with an understanding of these inherent variations and, where appropriate, to adjust their selected preferences or explore alternative customization options within the Services.

5.1.1.4 The Client acknowledges and agrees that AI-generated content is inherently unpredictable and that certain outputs may be unexpected, surprising, or potentially objectionable depending on the inputs, photographs, or styles provided. If any generated content causes distress or discomfort, the Client’s sole remedy is to discontinue use of the Services immediately. All content provided through the Services is intended strictly for personal enjoyment and entertainment purposes. The Client assumes all risk associated with the creation of such visual content and must exercise their own independent judgment when selecting inputs, styles, or options that influence the final portrait outcomes.

5.1.1.5 Additionally, the Client should be aware that some visual outputs generated by the Services may contain artistic elements, stylizations, or AI-produced variations that could be perceived as unexpected, unfamiliar, or personally unsuitable. If the Client finds any generated portrait or visual result upsetting, inappropriate, or otherwise undesirable, the Client is advised to discontinue use of the Services and, if appropriate, adjust their preferences or seek guidance from trusted resources.

5.1.1.6 By using the Services, the Client agrees to bear full responsibility for any use of the Generated content and acknowledges that such content is provided for informational and entertainment purposes only. Furthermore, the Company bears no responsibility for any photos uploaded to the Website. The Client acknowledges that they upload such photos voluntarily and assumes all responsibility for them. The Company is not in charge of user-uploaded content and expressly disclaims any liability for consequences, losses, or damages resulting from the Generated content or the uploading of photos by the Client.

5.1.2 Risk of software or other IT weaknesses: there is no guarantee or warranty that the process of using System and / or Services will be uninterrupted or error-free, and there is an inherent risk that the software and associated technologies and theories could contain weaknesses, vulnerabilities or bugs.

5.1.3 Regulatory risk: it is possible that certain legal systems apply existing regulations or introduce new regulations that have a negative impact on the current setup of the System, as well as usage of the System and / or Services. The Company will make every effort to abide with and always comply with all forms of the applicable regulation. However, the Client has an obligation to make sure its usage of the System / Services is in compliance with the applicable law.

5.1.4 Risk of theft and Internet vulnerability: the underlying software application and software platform, other software involved, other technology components and / or platforms might be exposed to electronic or physical attacks that can impair the ability to develop, implement or use System and / or Services.

5.2 You should be aware that messaging and email services are susceptible to spoofing and phishing attacks and should be careful when reviewing messages that claim to be from the Company. You should always log into Your Account via Website/PWA on Your device, use communication tools in the System or contact us via the “Contact Us” section or email by sending an inquiry to the address hello@mytinysnap.com if You are unsure about the authenticity of a communication or notice. Note that phishing attacks often occur despite email or equivalent services, via search engines or advertisements in search engines or other fraudulent links. The Company takes no responsibility for any loss due to spoofing, phishing, or other equivalent attacks.

6. Payments and refunds

6.1 Services may be available for a fee or for free (for example, on a free-trial basis for a limited period of time if applicable). The Company shall have a right unilaterally, on its own discretion, to determine the price of Services, the duration of the validity of the price, the applicable promotions and discounts, and other rules related to the payment of the Services.

6.2 The latest and up-to-date list of applicable prices for the Services is available on the System after the Client clicks on the option "Unlock My Complete Gallery" (or similar option that is available on the System to claim the program). If an existing Client wishes to upgrade or change the current plan, the Client shall contact us via the Contact Form available in the “Contact Us” section (which shall be considered to be the primary means of communication) with a request to change the order (or order an upgrade during the same session when the program is initially claimed).The Client may also contact as via email hello@mytinysnap.com.The Client may be asked to conclude a new order and may be reimbursed for a previous order’s unused but paid off Service part.

6.3 All prices and fees are in US Dollars or EUR unless otherwise indicated on the System.

6.4 The prices and the scopes of any Services can be changed by the Company without any prior notice. The Client shall always check the System for applicable prices and features for every Service before making an order. The price of a Service that has already been ordered and is ongoing may only be changed with the Client’s consent, provided such consent was given as part of the initial subscription.

6.5 If You are using Services on a free-trial basis, after the expiry of such trial, Your right to use the Services may be suspended until You make a payment for further provision of the Service or You may be charged a regular price that was indicated to You before accepting free-trial promotional offer.

6.6 Most of our Services are offered on a subscription basis (recurring payments). By subscribing to the Services, the Client agrees to pay the fees associated with the selected subscription plan. Charges will be applied periodically as indicated by the chosen plan. You are responsible for ensuring that payment information is accurate and up to date and Your right to use the Services will be renewed for the paid period unless You cancel the subscription beforehand as per the rules indicated in the Subscription and Refund Policy

6.6.1 You must read the Subscription and Refund Policy in full before making the decision to order Services. 6.6.2 Subscription price is the price You chose from provided subscription plan options while completing the order and it might be composed of discount price (applicable for a limited time period, referred to as the “Initial Phase” in the Subscription and Refund Policy) and regular price (applicable for the period after the discount price is no longer applicable, referred to as the “Regular Phase” in the Subscription and Refund Policy).

6.6.3 If not canceled, subscription price for the Services will be charged for every further period.

6.6.4 In all cases, the Client must express the will to order the Service with subscription payment method and shall have a right to revoke such option under the rules applicable for a respective order.

6.6.5 The Client must ensure that payment details provided to the Company are valid and ensure sufficient limit of funds available for the subscription payment option.

6.6.5.1 In case the Company is not able to charge the fee until the start of a next Service provision period, Client’s access to the Services shall be removed immediately. In such a case, to reinstate access to Services the Client may resolve the issue so the charge can be done within 2 months for the Service provision. After the 2 month period the Client must make a new order to gain access to the Services.

6.6.5.2 Failure to pay (in full or in any part) for the ordered Services is considered to be a material breach of the Agreement and results in a termination of the Agreement. The Agreement shall be terminated by the Company in case the payment is not concluded in 2 months from the day it initially had to be made.

6.6.5.3 In the event of a payment failure due to reasons on the Client's side (such as an expired credit card or insufficient balance), the Company may attempt to automatically reprocess the payment (but not more than 6 times in a 2 month period). By using the Services, You acknowledge and agree to the Company's right to initiate such automated retries to ensure uninterrupted service.

6.7 Certain Services, content, or physical products may be offered on a one-time payment basis. Such payments must be completed in accordance with the instructions provided during the order process and as specified in the service confirmation. For the avoidance of doubt, the purchase and delivery terms governing any physical products are linked to and strictly governed by the provisions set forth in the "One-Time Purchase of Physical Goods and Delivery" section of the Agreement. To the extent not otherwise specified in the specific service offer or order confirmation, all other terms and conditions applicable to the subscription model shall apply mutatis mutandis to one-time payments.

6.8 The actual applicable fee calculation and payment method, period of the provision of Services, and the fee charging frequency is indicated in the System and confirmed by the Client when confirming an order.

6.9 Any fees already paid are non-cancelable and non-refundable, except for Services that meet the conditions set forth in the Clause 4 of the Subscription and Refund Policy

6.10 Fees for the Services are indicated net of any withholding taxes or any other taxes. You, as a Client, shall be responsible for paying any applicable taxes, levies, duties or any other fees, if applicable.

6.11 The Client warrants using and providing payment information that is owned by the Client or that the Client has a right to use for the purposes as indicated in this Agreement. The Client shall update its payment information to always keep it up-to-date.

6.12 The Company may, if necessary, additionally engage a third-party service provider (Omniroot LLC, a limited liability company organized under the laws of the State of Georgia, USA (control number 25113064), with its address 8735 DUNWOODY PLACE #7313, ATLANTA, GA, 30350, USA) who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds, excluding any sales and transactions conducted via PayPal or its affiliates - such transactions shall be processed directly by, the Company. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact Us at payments@mytinysnap.com.

6.13 All monetary transfers conducted by You for the Services are handled and transacted through third-party dedicated gateways to ensure the Client’s protection:

6.13.1 Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.

6.13.2 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client’s credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information (like card information) will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services.

6.13.3 The Company may change the third-party payment service provider from time to time.

6.14 Any claims regarding the applied Services’ fee or amounts charged must be submitted in writing no later than 30 days after the date of application of the fee or the charging of the amount.

7. Third party and other disclaimers

7.1 The Company, at its sole discretion, may use or grant access to third parties for the purpose of providing various services, including but not limited to payment processing, user registration, and the operation or enhancement of digital products. This may also include third parties that develop or provide AI-based tools or technologies used to generate, process, or enhance content. The Client acknowledges, accepts, and understands that, in order to ensure the proper functioning of the System and the provision of the Services, the Client’s data may be shared with such third-party service providers.

7.2 The use of third-party services are subject to the third-party’s terms of service. The Client acknowledges and understands that the Company is not responsible for the provision of such services, also, for processing of data performed by such third parties and that any and all disputes arising in relation to the third-party’s services shall be resolved directly between the Client and the respective third-party.

7.3 Any links on the System to third-party websites are provided solely for Your convenience. If You access those links, You will leave the System. The Company does not endorse or make any representations about such third-party websites, and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those websites.

7.4 Information on the System, as well as any content on Company’s social media pages is not promised or guaranteed to be correct, current, or complete, and they may contain technical inaccuracies or typographical errors. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any Services if in any doubt.

8. Indemnification

8.1 The Client agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of their respective directors, officers, employees, and agents and product related partners from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) any breach of Client’s representations and warranties in this Agreement; or (ii) Client’s failure to comply with Client’s obligations under any and all laws, rules or regulations applicable to Client under this Agreement, except to the extent such violation arises out of Company’s failure to comply with Company’s obligations hereunder. The Client understands and agrees that the Company is not liable or responsible for any outcomes of AI-generated or incorrectly generated content. The Client acknowledges that AI-generated outputs are produced through automated, probabilistic models and may not always meet expectations, achieve desired results, or comply with specific technical requirements. This includes, but is not limited to, cases where the Client uploads files or provides prompts that result in content that is technically infeasible to generate. The Client further understands and agrees that such outcomes do not constitute a failure of Services and shall not entitle the Client to a refund, compensation, or any form of claim against the Company.

8.2 The Client may from time to time provide suggestions (feedback) or own content (for example, during some lessons the Client may choose to provide a written answer or comment) to the Company. All suggestions / own content are and shall be given entirely voluntarily. The Client acknowledges and agrees that suggestions / own content, even if designated as confidential by the Client, shall not, absent a separate written agreement, create any confidentiality obligation for the Company. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, the Company shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the suggestions / own content provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.For the avoidance of doubt, the Client agrees that the Company or any third party related to the development of Services and / or the System shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services (and / or System) any suggestions, enhancement you requests, recommendations or other feedback, as well as Your own content (like Your answers to the questions while using the Services, etc.) provided by You, relating to the operation of the Services / System. The Company urges You not to share information that is highly personal or that You wish to keep confidential, and to always evaluate it beforehand.

8.3 The System and the Services are provided “as is” and You use the System and / or Services on Your own risk. It is expressly acknowledged and agreed by You that no representations and warranties of any kind, except those set forth in this Agreement, have been made by the Company to the Client with respect to the System / Services, and that any statements whatsoever made by the Company to the Client outside of this Agreement are not material and have not relied upon by the Client.

8.4 You, as a Client, shall be solely responsible for making sure You are able to use Services and access System, meaning You shall be responsible for any hardware, software or other technical requirement (for example, mobile data, internet connection) compatibility. If You are not able to access System and / or use Services due to lack of compatibility with Your technical gear (in a broad sense), You may seek advice by contacting the Company via email by sending an email to hello@mytinysnap.com. In any case, the Company shall not be obligated to provide You with solution, advice or instructions in any sense in regard to the compatibility.

9. Termination of the Agreement

9.1 The Company may terminate or suspend Your Account / provision of Services as per the rules indicated in this Agreement. Without affecting the rules specified in other clauses of the Agreement, the Company stresses that breach of the Agreement / other applicable Company’s policies may result in suspension and / or deactivation of Your Account, as well as in the termination of this Agreement. In case of a breach, You shall not be entitled to receive any refunds / rewards.

9.2 You may terminate this Agreement by canceling Your order (for ongoing Services). The Agreement will be terminated on the last day the Services were paid for, and you will not be eligible for a refund for the already paid period.

9.3 In case of a material breach of the Agreement, the Company shall be entitled on its own discretion to inform the responsible law enforcement authorities about the violation (including but not limited to the essence of the violation and personal data of the Client) and to impose a lifetime ban on using the Services for the Client in fault. If a lifetime ban is applied, Your credentials (such as name, surname, IP address, email address) may be blocked from using the System / Services.

9.4 If You wish to Terminate the Agreement, You can take the following steps:

9.4.1 Client who ordered the Services on the Company’s website may cancel the Services by logging into their Account on the Website or contacting the support team by email or option “Contact Us” on the website.

9.4.2 Clients who ordered the Services through the Apple App Store or Google Play (if applicable for the specific product), as well as PayPal may cancel the Services through the respective mean they used to order the Services or may contact the support team by email or option “Contact Us” on the website to ask for assistance in cancelling the Services.

9.5 Deleting the application (PWA) from Your device (if applicable) does not cancel the subscription or terminate the Agreement.

10. Governing Law and sanctions

10.1 The laws of the State of Delaware, United States (excluding its conflicts of law principles), shall govern this Agreement and Your use of the Services. Your use of the System may also be subject to other local, state, national, or international laws.

10.2 IIf You have any concern or dispute about the Services or System, You agree to first try to resolve the dispute informally by contacting the Company at hello@mytinysnap.com. Most concerns can be resolved this way.

10.3 Any dispute that is not resolved through the informal process set forth in Section 10.2 shall be settled by binding arbitration in Wilmington, Delaware, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.

10.4 Notwithstanding Section 10.3, the Company shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s intellectual property rights.

10.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties‘ claims shall be combined or consolidated only with the written consent of all affected parties.

10.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.

10.7 The System and the Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.

10.7.1 By using the System / Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions List”).

10.7.2 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services / System. Failure to do so can result in Your Account being suspended or terminated.

10.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its System / Services not available from such locations.

10.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.

11. One-Time Purchase of Physical Goods and Delivery

11.1 The Client may only utilize the one-time purchase feature for physical goods if they maintain an active subscription to the Services. All one-time physical purchases are strictly non-refundable. Because each physical good is fully personalized and custom-made based on Client inputs, the Company does not offer refunds under any circumstances. In the event of transit damage, manufacturing errors, or delivery failure, the Client may request a re-production of the physical goods free of charge, subject strictly to the conditions set forth in this Section 11.

11.2. Upon placement of a one-time purchase order, the Company will issue an order confirmation via email containing the order details, relevant purchase information, and confirmation links. The process might change from time to time and the Client will be provided with an updated process via the email address.

11.3 The Client has a strict window of twenty-four (24) hours from the time the order is placed to submit corrections or changes regarding contact details and shipping/delivery addresses.

11.4 Each physical item is a fully customized order. Once an item is released to production no further changes, cancellations, adjustments, or stylistic modifications can be processed.

11.5. Once the physical goods are manufactured and dispatched to the courier, a shipping tracking ID will be generated and automatically transmitted to the Client via the email address provided.

11.6 Estimated Delivery Periods:

11.6.1 The average time for order acceptance, processing, and manufacturing is up to five (5) business days.

11.6.2 Shipping (US): Delivery may take up to ten (10) business days from the date of shipment.

11.6.3 International Shipping (Including EU): Delivery may take up to thirty (30) business days from the date of shipment.

11.7 In case You receive a damaged physical goods or with a manufacturing error, We offer to re-do Your physical goods free of any additional charges and resend it to You. However, if this happens, We are required to provide proof with clearly visible issues. Such proofs have to be submitted within 3 calendar days after the delivery, or if an order has not been delivered, You have to provide Us a report during the first 3 day after the below given period:

11.8 Before contacting the Company regarding a missing package, the Client must:

11.9 Required Verification and Photographic Evidence. To qualify for a free re-production (of identical physical good, no changes can be done) of a defective or damaged item, the Client must provide clear, high-resolution photographic or video evidence demonstrating the specific issue, categorized as follows:

11.10 The Company shall not be obligated to re-produce or re-ship goods free of charge under any of the following circumstances:

11.11 The Client acknowledges that the final goods and their material quality is directly dependent upon the resolution, clarity, and suitability of the design files or photographs provided by the Client. The Company explicitly disclaims all liability for low-quality, blurry, or pixelated physical outcomes resulting from substandard or low-resolution inputs provided by the Client. No replacements or refunds will be issued under these circumstances.

11.12 The Client agrees that physical goods may exhibit minor variations from the digital previews displayed on the System. Specifically, the Client acknowledges that minor size deviations of less than one (1) inch (25.4 millimeters) from the published size guide measurements are industry-standard and do not constitute a manufacturing error or defect. Such minor deviations do not qualify for a free replacement or re-order.

11.13 It is the sole responsibility of the Client to ensure that the contact information and delivery address provided are completely accurate and complete. The Company assumes no responsibility or liability for lost, misdelivered, returned, or delayed shipments resulting from incorrect, incomplete, or invalid delivery details provided by the Client. The Company is under no obligation to re-produce or re-ship goods free of charge due to Client address errors.

11.14 The Company’s replacement policy applies strictly to objective manufacturing defects or transit damage. The Company does not offer free replacements, re-dos, or modifications if the physical goods are received exactly as ordered, but the Client is dissatisfied based on subjective aesthetic preferences, a change of mind, or a desire for different features or styles.

11.15 The Client acknowledges and agrees that the timeframes set forth in this Section 11 for reporting damaged goods are strict contractual deadlines. If the Client fails to contact the Company and provide the required verification or photographic proof within these specified timeframes, the Client shall be deemed to have irrevocably accepted the physical goods in their delivered state, waived any right to a replacement, and forfeited any claims against the Company. Under no circumstances shall the Company be held liable or obliged in any way to process modifications, re-orders, or free replacements after these deadlines have expired.

11.16 The Client acknowledges and understands that physical goods may only be ordered for, and generated from, the specific assets and Services obtained via an active, valid subscription. The Company does not offer standalone physician goods services.

12. Miscellaneous

12.1 The Company and the Client consent to the English language in relation to the communication. Any other language shall be used for the sake of simplicity. Any notice or communication must be in English language respectively. The English language version of this Agreement is the prevailing version to any other possible version.

12.2 Any updates of this Agreement come in force at the moment it is published at the System as indicated in Clause 1. By using the Services You agree to be bound by any updated version of the Agreement.

12.3 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.

12.4 You are encouraged to contact us by the means indicated in this Agreement. Contacting us via the via “Contact Us” section shall be considered to be the primary means of communication. You may also contact us via email hello@mytinysnap.com

12.5 The Company shall reply to Your inquiries within 30 days (with the possibility of two 30-day extensions).

Last updated: May 19, 2026