1. Disclaimer

Please read these Terms of Use carefully before using any of the UpSnatch Domains Services (as defined below). By clicking the “I agree” button or otherwise using the Services, you agree that your use of the Services will be governed by these Terms of Use. By agreeing, you confirm that you understand and accept the content of these Terms of Use. If you do not agree to any provision within these Terms of Use, you may not access or use the Services in any capacity, even if you have already created an Account.

The UpSnatch Domains Services are provided and operated by Nixfix, a company registered under BTW BE 0747.701.932, headquartered in Belgium (hereinafter referred to as “Nixfix,” “we,” “our,” or “us”).

These Terms of Use (the "Terms") outline the terms and conditions under which users ("User(s)," "you," or "your") may access and use the UpSnatch Domains Services. Access to and use of these Services is strictly conditional upon your acceptance of these Terms without modification.

If you have questions regarding the UpSnatch Domains Services or these Terms of Use, please contact Nixfix at [email protected].

2. Definitions

The following terms (and additional terms defined throughout these Terms of Use) will apply:

• “Account”: A unique account created to enable Users to access and use the Services provided through the Digital Platform.
• “Article”: Any individual article within these Terms of Use.
• “Digital Platform”: The proprietary platform provided by Nixfix that allows Users to manage, register, and interact with domain-related services and tools.
• “Documentation”: All supporting materials, guides, and instructions provided by Nixfix for UpSnatch Domain and made available to Users, including but not limited to content hosted on the UpSnatch Domains website or other resources.
• “Intellectual Property Rights”: All existing and future rights associated with intellectual and industrial property, including but not limited to:
  • (a) copyrights, mask work rights, and moral rights;
  • (b) trademarks or service marks;
  • (c) trade secrets and know-how;
  • (d) patents, industrial property rights, and design rights;
  • (e) trade names, business names, domain names, and database rights;
  • (f) any other similar proprietary rights (registered or unregistered), and all registrations, applications, renewals, extensions, improvements, or reissues relating to these rights, enforceable in any jurisdiction worldwide.
• “Nixfix Services” or “Services”: All services provided by Nixfix, including but not limited to those accessible via (i) the Website and (ii) the Digital Platform.
• “Personal Data”: Any information classified as personal data under the General Data Protection Regulation (GDPR).
• “User”: Any natural person or legal entity that interacts with the Services, whether or not they have created an Account. Users may include Website Visitors, Customers, or Authorized Users.
• “Website”: The UpSnatch.com website at https://UpSnatch.com, or any subdomains associated with UpSnatch Domains.

3. UpSnatch Domains Services

UpSnatch Domains provides users with access to a comprehensive dataset of domain names, including expired domains, domains available for auction, and other domain-related opportunities. The primary goal of UpSnatch Domains is to enable users to discover and explore unique and valuable domain names relevant to their interests or business needs.

Through advanced tools like Magic Search, users can refine their searches and explore domains that align with specific themes, niches, or keywords. These tools leverage intelligent algorithms to uncover related terms and alternative suggestions, helping users broaden their exploration and identify the most suitable domains for their objectives.

These Terms of Use govern your access to and use of the services provided through the UpSnatch Domains platform ("Digital Platform"), as well as all associated features, tools, and resources offered by Nixfix. This includes, but is not limited to, both free and paid services accessible via the Website and Digital Platform.

By accessing and using the Digital Platform, you agree to be bound by these Terms of Use, which constitute a legally binding agreement between you and Nixfix. If you represent a business or other entity, you confirm that you are authorized to agree to these Terms on its behalf. If you do not agree with any provision of these Terms, or you are not authorized to act on behalf of another entity, you must immediately cease your use of the Digital Platform.

To use the Services, you acknowledge that you have read and understood the following policies, which govern the processing of your Personal Data and the use of cookies:

• Privacy Policy
• Cookie Policy

Each time you access and use the Digital Platform, the then-current Terms of Use will apply. Therefore, you should review these Terms regularly to ensure you are aware of any updates. The date of the latest version of these Terms can be found at the top of the document.

4. Applicability

If any of the UpSnatch Domains Services incorporates or relies on services, software, or components provided by third parties, or provides access to external websites, services, or applications (“Third Party Services”), these Terms of Use will not apply to such Third Party Services. Instead, the terms and conditions, license agreements, and/or privacy policies of those third parties will govern your use of the Third Party Services. You will be informed if and when such third-party terms apply. By accessing or using a Third Party Service, you agree to comply with the applicable terms and acknowledge that you are solely responsible for your agreement with those third parties. Nixfix assumes no liability for the use of Third Party Services or for the content of their respective terms, license agreements, or privacy policies.

Nixfix reserves the right at any time and at its sole discretion to:

• Amend, modify, or supplement these Terms of Use;
• Change or update the Services, including adding, modifying, suspending, or discontinuing any tool, feature, or service, either temporarily or permanently, without prior notice and without liability to Users or third parties; or
• Restrict, suspend, or terminate, in part or in full, your access to or use of the Services as described in these Terms.

Any changes or amendments made to these Terms of Use will take effect immediately upon being made available within the Services or upon notification to you. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

5. Use of the Digital Platform

To use the Digital Platform, your (mobile) device must have a stable Wi-Fi or mobile internet connection. The provision and cost of such a connection are your sole responsibility. Additionally, it is your responsibility to ensure that your (mobile) device meets the minimum system requirements. Failure to meet these requirements may result in the Digital Platform not functioning properly. Nixfix will not be held liable for any loss or damage arising from your failure to comply with these requirements.

5.1. Account Security

You are solely responsible for maintaining the confidentiality and security of your account login information, including your password, and are fully accountable for all activities performed under your account. You agree to notify Nixfix of any unauthorized use of your account or any security breaches within 24 hours of discovery. Nixfix is not liable for any loss or damage resulting from your failure to comply with these obligations.

5.2. Website

Through the UpSnatch Domains website (UpSnatch.com), you can access general information about UpSnatch Domains, its services, and the Digital Platform. The website also provides mean of contact for inquiries and potential options to subscribe to newsletters.

5.3. Digital Platform

The Digital Platform allows users to explore a vast dataset of domain names, including expired domains and domains available for auction. Users can search, analyze, and discover valuable domains tailored to their niches using advanced tools like Magic Search. The Digital Platform may receive updates at the discretion of Nixfix, but Nixfix is under no obligation to provide such updates.

5.4. Restrictions

You agree to use the Digital Platform solely for its intended purposes as outlined in these Terms of Use. You are not permitted to:

• Scrape, harvest, or use high-volume automated processes (e.g., bots, spiders) to extract data from the Digital Platform without explicit prior authorization.
• Upload, download, post, email, analyze, or otherwise transmit any content that is unlawful, harmful, defamatory, obscene, abusive, or invasive of another's privacy or rights.
• Impersonate any person or entity or falsely misrepresent your affiliation with a person or entity.
• Transmit unsolicited advertising, spam, or promotional materials.
• Introduce viruses, Trojan horses, or other harmful code into the Digital Platform.
• Disrupt the security or functionality of the Digital Platform, website, or affiliated networks.
• Gain unauthorized access to non-public areas of the Digital Platform or other users' accounts.
• Adapt, modify, sublicense, reverse engineer, decompile, or disassemble the Digital Platform.
• Use the Digital Platform to promote or engage in illegal activities.
• Remove or circumvent technical protections or proprietary notices in the Digital Platform.

Any violation of these restrictions may result in the suspension or termination of your account and access to the Digital Platform, and could subject you to legal liability.

5.5. User Account

You are responsible for securing your password and controlling access to your account. All content transmitted through your account is your responsibility, and you agree to immediately notify Nixfix of any unauthorized account use or security breaches. Nixfix is not liable for damages arising from unauthorized use of your account.

5.6. License by User

By uploading, creating, or providing any content through the Digital Platform (“User Content”), you grant Nixfix a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, copy, store, modify, transmit, and display such User Content as necessary to provide, maintain, and improve the Services. Nixfix reserves the right to review and remove any User Content that violates these Terms of Use or applicable laws.

5.7. Disclaimer of Liability

Nixfix disclaims liability for any loss or damages resulting from unauthorized use of the Digital Platform, technical issues, or reliance on data provided through the Digital Platform. The technical operation of the Digital Platform, including your content, may involve transmissions over various networks and adaptations to conform to technical requirements of connecting networks or devices.

5.8. Review of Content

While Nixfix does not actively monitor user content, it reserves the right to review metadata associated with the use of the Digital Platform for compliance and performance analysis. Nixfix will not access user data without explicit user permission unless required to address technical issues or legal obligations. For more information, please refer to our Privacy Policy.

6. Intellectual Property Rights

As between you and Nixfix, all rights, titles, and interests in the UpSnatch Domains Services, the Website, the Digital Platform, and all associated Intellectual Property Rights are the exclusive property of Nixfix and/or its licensors. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website, Digital Platform, or content provided by Nixfix, except as expressly permitted under these Terms of Use.

All rights not expressly granted to you in these Terms of Use are reserved by Nixfix. This includes any Intellectual Property Rights associated with the Services, the Website, and the Digital Platform.

6.1. Limited License

Nixfix grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the proprietary UpSnatch Domains Digital Platform and related software, strictly in accordance with these Terms of Use. This license is granted solely for the purpose of enabling your lawful use of the Services, as intended by Nixfix. You agree not to:

• Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Digital Platform or its software, in whole or in part.
• Reverse engineer, decompile, or disassemble the Digital Platform or attempt to derive the source code, ideas, or algorithms underlying the Digital Platform.
• Remove, obscure, or alter any copyright, trademark, or proprietary notices on the Digital Platform.

Any use of the Digital Platform not expressly authorized in these Terms is prohibited and constitutes a violation of Nixfix's Intellectual Property Rights.

6.2. Feedback and Suggestions

You acknowledge and agree that any suggestions, feedback, or recommendations you provide regarding the Digital Platform or its functionalities may be used by Nixfix to evaluate, improve, and enhance the Services. This includes measuring performance, resolving technical issues, identifying areas for improvement, and leveraging positive feedback as testimonials. You grant Nixfix a royalty-free, perpetual, worldwide license to use and incorporate such suggestions into its Services without any obligation or compensation to you.

7. Disclaimer, Liability, Exclusion, Liability Limitation, Release, and Indemnity

7.1. Disclaimer

Your access to and use of the UpSnatch Domains Digital Platform is at your own risk. The Digital Platform is provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind, whether express or implied. To the fullest extent permitted by law, Nixfix and its directors, affiliates, subsidiaries, contractors, agents, representatives, employees, and providers expressly disclaim all representations, warranties, or conditions, including but not limited to:

• Title, non-infringement, merchantability, or fitness for a particular purpose;
• Performance, durability, availability, timeliness, accuracy, or completeness of the Digital Platform;
• The compatibility of the Digital Platform with your computer, devices, or software;
• The uninterrupted or error-free operation of the Digital Platform, or that errors will be corrected;
• That the information contained in or derived from the Digital Platform will be accurate, complete, or timely;
• That results will be obtained from using the Digital Platform;
• That the Digital Platform is free of viruses, trojans, worms, or other harmful components; or
• That the use of the Digital Platform will not infringe on any rights, including intellectual property rights, of any person.

The internet is inherently insecure and may be subject to interruptions, disruptions, or security breaches. The operation of the Digital Platform may also be impacted by factors beyond Nixfix’s control. Nixfix assumes no responsibility for the security, continuity, or privacy of your use of the Digital Platform.

You are solely responsible for obtaining, configuring, and maintaining all hardware, software, internet connections, and other equipment necessary to access and use the Digital Platform.

7.2. Liability Exclusion

To the fullest extent permitted by law, Nixfix and its directors, affiliates, subsidiaries, contractors, agents, representatives, employees, and providers will not be liable for any damages or losses, including but not limited to:

• Loss of use, income, or profits (anticipated or otherwise);
• Loss of markets, production, or economic losses;
• Special, incidental, indirect, or consequential damages;
• Exemplary or punitive damages;

Such exclusions apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Nixfix has been advised of the possibility of such damages.

7.3. Indemnity

You agree to indemnify, defend, and hold harmless Nixfix and its directors, affiliates, subsidiaries, contractors, agents, representatives, employees, and providers, and all related parties (collectively, the “Indemnified Parties”) from and against any claims, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Digital Platform;
• Your exports, downloads, uploads, posts, emails, or transmissions of content or information via the Digital Platform;
• Your breach of these Terms of Use or applicable laws.

You agree to assist the Indemnified Parties as reasonably required in the defense of any claims and to cooperate fully in any legal proceedings.

7.4. No Warranty

Advice or information, whether oral or written, obtained from Nixfix or through the Digital Platform does not create any warranty not expressly stated in these Terms of Use. You may not rely on any such advice or information.

7.5. Content and Third-Party Services

Nixfix does not control, endorse, or assume responsibility for any content, products, or services offered by third parties through the Digital Platform. Except as otherwise agreed in writing, Nixfix assumes no responsibility for the accuracy, currency, completeness, or reliability of third-party content or services made available through the Digital Platform.

You expressly acknowledge that Nixfix does not and cannot review all content uploaded, downloaded, or transmitted on or through the Digital Platform. The use of such content, including software and data distributed through the Digital Platform, is at your sole risk.

8. Payments and Subscriptions

Some services offered through the UpSnatch Domains platform may be free, while others require payment. For paid services, you agree to pay the applicable fees or subscription charges. Your payment method will be charged upon purchase or on a recurring subscription basis, as disclosed at the time of purchase. Subscription charges will continue unless canceled in accordance with this policy.

8.1. Fees and Trials

We may require payment for access to certain parts of the Digital Platform or for the use of specific services. If you register for a trial, you may be required to purchase a subscription before the trial ends to retain access to any content provided to, or created through, the platform. If you choose not to purchase a subscription, access to such content may be lost at the end of the trial period.

8.2. Payment Terms

All payments will be billed in the currency disclosed at the time of purchase (e.g., U.S. dollars or euros). Your account will be charged when you provide your payment information, unless stated otherwise in applicable payment provisions. You are responsible for ensuring your payment information is accurate, current, and complete. If your payment information is invalid or incomplete, we may suspend or terminate your account.

If you do not update your payment information, we may participate in programs supported by your card provider to attempt to update your payment details. You authorize us to continue billing your account using the updated payment information we obtain.

8.3. Subscription Terms

Subscriptions may be billed in advance on an annual basis or other recurring interval as disclosed at the time of purchase. For annual subscriptions, we will notify you of any price changes no less than thirty (30) days and no more than sixty (60) days before the end of your subscription term, or as required by applicable law. If you do not agree to a price change, you may cancel your subscription before the price change takes effect.

Your subscription will automatically renew at the end of each subscription period unless canceled. If you cancel during a subscription period, you will retain access to the platform until the last day of your current subscription term. Cancellations take effect the day after the subscription term ends.

8.4. Refunds and Cancellations

We do not provide refunds or credits for cancellations or unused portions of subscription periods. If you cancel your subscription, you can continue to access and use the services until the end of your current subscription period.

9. Support

If you require technical support, you can contact UpSnatch Domains' customer service directly via email at [email protected].

10. Privacy Statement

UpSnatch Domains recognizes the importance of protecting your privacy and is committed to ensuring that your personal data is stored and accessed in a secure and private environment. For detailed information about how we process your personal data, please review our Privacy Policy and Cookie Policy.

11. Term and Termination

Nixfix reserves the right to terminate your access to and use of the UpSnatch Domains Services immediately if it has reasonable grounds to believe that you are in violation of these Terms of Use.

11.1. Termination Rights

Nixfix may, at its sole discretion and at any time, take the following actions without prior notice or liability to you or any third party:

• Change, suspend, or terminate the Digital Platform or any of its functionalities, temporarily or permanently;
• Restrict, suspend, or terminate your account, password, or access to the Digital Platform, either in whole or in part;
• Remove or delete any content you have contributed to or gained from the Digital Platform.

You acknowledge and agree that termination of your access or use of the Digital Platform may be effected without prior notice and that your account, along with any related data, files, or dashboards, may be deactivated or deleted immediately. Terminated accounts may not be backed up or recoverable, and Nixfix shall not be liable for any such loss.

11.2. Effects of Termination

Upon termination of your access to and use of the Services:

• Nixfix will sanitize, anonymize, or securely delete all personal data associated with your account, ensuring the data is unrecoverable. However, personal data required to comply with legal or regulatory retention requirements may be retained beyond this period as mandated by law.
• If requested in writing by the User at least fourteen (14) calendar days before termination, Nixfix will provide a readable and usable copy of your personal data before it is sanitized or deleted.
• All rights and obligations under these Terms of Use will terminate, except for sections specifically designated to survive termination.

11.3. Free Trial Users

Free trial users can terminate their trial period at any time without penalty by notifying Nixfix at [email protected]. During the trial period, Nixfix may contact you to discuss converting your trial account to a paid account. If you decide to convert, your access and content will remain intact, and no data will be lost. If you choose not to convert, the termination consequences described above will apply.

12. Miscellaneous

12.1. Force Majeure

Nixfix will not be liable for any failure or delay in the performance of its obligations regarding the Services if such delay or failure is due to causes beyond our reasonable control. These include, but are not limited to, acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, telecommunications or network outages, cyber-attacks, unauthorized access to Nixfix’s information technology systems by third parties, or any other cause beyond the reasonable control of Nixfix (a “Force Majeure Event”).

12.2. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable, or if modification is not possible, it will be deemed severed from these Terms of Use.

12.3. Waiver

The failure of Nixfix to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision of these Terms.

12.4. Assignment

You may not assign or transfer these Terms of Use, or any rights or obligations under these Terms, to any third party. Nixfix may, without prior notification to you:

• Transfer or assign part or all of its obligations or rights under these Terms of Use to one of its affiliates; and
• Subcontract the performance or support of its obligations under these Terms of Use to affiliates, individual contractors, or third-party service providers.

12.5. Notices

All notices from Nixfix intended for you will be deemed delivered and effective when sent to the email address associated with your Account. If you change your email address, you must update it through your account settings. Failure to do so may result in missed notifications.

12.6. Governing Law and Jurisdiction

These Terms of Use are exclusively governed by and construed in accordance with the laws of Belgium, without reference to its conflict of law principles. Any disputes concerning the validity or interpretation of these Terms of Use will be submitted to the exclusive jurisdiction of the competent courts of Leuven, Belgium.