GENERAL TERMS AND CONDITIONS

Last updated: November 23, 2025

Welcome to SnapSale, a trade name of Westcube Management B.V.
These terms and conditions apply to the use of our services.

Article 1 – Definitions

In these General Terms and Conditions (hereinafter: "Terms"), the following definitions apply:

1.1. Processor: Westcube Management B.V., trading under the name Snapsale.
1.2. Customer: Any natural or legal person, acting in the exercise of a profession or business (B2B), who enters into a Subscription with Snapsale.
1.3. Service: The online software as a service (SaaS) environment of Snapsale that enables the digital editing and downloading of uploaded photos.
1.4. Subscription: The agreement between Snapsale and the Customer, whereby the Customer pays for a fixed period and gains access to the Service.
1.5. User Material: All data and photos uploaded and stored by the Customer within the Service.
1.6. Edited Result: The output (edited photo) generated and downloaded by the Customer through the Service.
1.7. Data Processing Agreement (DPA): The agreement governing the processing of personal data, in accordance with the GDPR.

Article 2 – Identity and Applicability

2.1. These Terms apply to every offer, agreement, and delivery of the Service by Snapsale.
2.2. The agreement is entered into with Westcube Management B.V., trading under the name Snapsale, located at Westersingel 109, Berkel en Rodenrijs, registered with the Chamber of Commerce under number 96923954.
2.3. By entering into a Subscription, the Customer accepts the applicability of these Terms, the Privacy Policy, and the Data Processing Agreement.

Article 3 – Subscription, Duration, and Termination

3.1. Non-Recurring Contract: The Subscription is entered into for a pre-agreed term and ends automatically at the end of this term. The Subscription is not tacitly renewed.
3.2. The Customer must pay prior to the new term to extend access to the Service. If payment is not received, access to the Service is automatically terminated.
3.3. Snapsale will timely remind the Customer of the possibility to extend the Subscription.
3.4. Termination by the Customer is not applicable as the Subscription automatically ends upon expiration of the term.

Article 4 – Referral Program

4.1. Customers with an active, paid Subscription may invite other entrepreneurs to use the Service via a personal invitation link.
4.2. Each invitation link is unique, single-use only, and valid for thirty (30) days after creation.
4.3. If the invited party registers and successfully completes the first payment of a Subscription, both the existing Customer and the new Customer receive one (1) free month of their Subscription.
4.4. The free month is automatically offset against the next invoice by means of a credit on the invoiced amount.
4.5. Each Customer is limited to a maximum of ten (10) invitation links per calendar month.
4.6. The referral credit:
- is not transferable to third parties;
- is not redeemable for cash;
- cannot be combined with other promotions, discounts, or offers.
4.7. Upon termination or expiration of the Subscription, any unprocessed referral credit automatically expires.
4.8. Snapsale reserves the right to withdraw referral credit and/or exclude the Customer from participation in the Referral Program in case of suspected abuse, improper use, or fraud.
4.9. Snapsale may modify or discontinue the Referral Program at any time. Already awarded referral credit remains valid as long as the Subscription continues.

Article 5 – Intellectual Property (IP)

5.1. Customer Ownership: The Customer retains all rights, including copyrights and other intellectual property rights, to the User Material and the Edited Result at all times. Snapsale does not acquire any ownership rights to the User Material or the Edited Result.
5.2. License to Snapsale: The Customer grants Snapsale a limited, non-exclusive, revocable license to use and process the User Material solely for the execution of the Service (such as hosting, caching, and applying presets). This license automatically terminates upon deletion of the User Material by the Customer or upon termination of the Subscription.
5.3. Snapsale Ownership: All intellectual property rights relating to the Service, the underlying software, the presets, the styles, the name, and the logo belong exclusively to Snapsale. The Customer only receives a non-exclusive and non-transferable right of use (license) for the Service.

Article 6 – Use and Obligations of the Customer

6.1. The Customer is responsible for the content of the User Material and the commercial use of the Edited Result.
6.2. Warranty and Legality: The Customer warrants that they possess or have legally obtained all necessary rights (including copyright and any other IP rights) to upload, edit, and commercially publish the User Material and the Edited Result.
6.3. The Customer may not use the Service to upload unlawful, offensive, discriminatory, or infringing material.

Article 7 – Indemnification

7.1. The Customer fully indemnifies Snapsale against and from all claims, damages, costs, and proceedings by third parties arising from or related to:
- The content of the User Material or the Edited Result (including infringement of intellectual property rights or portrait rights).
- The commercial use the Customer makes of the Edited Result.
- The Customer's failure to comply with the warranties as set out in Article 6.2.

Article 8 – Warranty and Liability

8.1. Warranty Exclusion: The Service is provided on an "as is" basis. Snapsale does not warrant that the Service will function at all times, without interruption, or error-free.
8.2. Exclusion of Liability for Content and Use: Snapsale is never liable for any damage arising from the content of the User Material, the quality or suitability of the Edited Result for the Customer's purpose, or the use the Customer makes of the Edited Result.
8.3. Exclusion of Indirect Damages: Snapsale's liability is at all times excluded for indirect damages, including (but not limited to) consequential damages, lost profits, missed savings, reputational damage, and loss of data.
8.4. Limitation of Direct Damages: If Snapsale, despite the above, should be liable for any direct damage, such liability is limited to an amount equal to the sum of the subscription fees paid by the Customer over the last six (6) months prior to the damage-causing event.

For damage arising from a breach related to personal data (data breach), Snapsale's liability is limited to a maximum of the total subscription fees paid by the Customer during the last three (3) months prior to the damage-causing event, unless there is intent or gross negligence.

Article 9 – Privacy and Data Processing

9.1. Data Controller: Snapsale processes the Customer's personal data (such as account and financial data) as Data Controller, in accordance with the published Privacy Policy.
9.2. Processor: With respect to the processing of User Material, Snapsale acts as Processor. The rights and obligations of the Parties regarding this processing are set out in the Data Processing Agreement (DPA), which forms an integral part of these Terms. The Customer accepts the DPA upon acceptance of these Terms.

Snapsale publishes a current list of sub-processors at [URL], which forms part of the Data Processing Agreement.

Article 10 – Referral Program

10.1. Description: Snapsale offers a referral program through which existing Customers with an active paid Subscription can invite new customers. Both parties may receive a free month.

10.2. Eligibility Requirements:
- The inviting Customer ("Referrer") must have an active paid Subscription with Snapsale.
- The invited party ("Referee") must be a new customer who registers via the Referrer's personal invitation link.
- The bonus is only awarded after the Referee has paid their first invoice.

10.3. Reward:
- Upon successful referral, both the Referrer and the Referee each receive one (1) free month of their Subscription.
- The free month is applied by refunding the next monthly billing after the bonus is awarded.
- Free months cannot be exchanged for cash and are non-transferable.

10.4. Limitations:
- Invitation links are valid for 30 days and can only be used once.
- A maximum of 10 invitation links can be created per Customer per calendar month.
- Snapsale reserves the right to refuse bonuses in case of suspected abuse or fraud.

10.5. Amendments: Snapsale may modify the terms of the referral program, including the amount of the bonus, at any time or discontinue the program. Previously awarded free months remain valid.

Article 11 – Other Provisions

11.1. Applicable Law: These Terms are exclusively governed by Dutch law.
11.2. Disputes: All disputes arising from these Terms shall be settled by the competent court in Amsterdam.
11.3. Amendment: Snapsale reserves the right to amend these Terms. Amendments take effect upon acceptance by the Customer, or upon entering into a new Subscription after publication of the new Terms.
11.4. Precedence:
In case of a conflict between these Terms and the Data Processing Agreement, the Data Processing Agreement prevails with respect to all processing of personal data.

Contact

For questions about these terms and conditions, please contact:

Email: [email protected]
Website: https://snapsale.nl