ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

These Snap Developer Terms form a legally binding contract between you and Snap, govern the use of the Business Services for Snap’s developer program (“Snap Developer Program”), and are incorporated into the Business Services Terms. Some terms used in these Snap Developer Terms are defined in the Business Services Terms. These Snap Developer Terms incorporate by reference the Snap Kit Docs, which are Supplemental Terms and Policies under the Business Services Terms.

“Application” means your website, url, mobile application, access point, surface, or other property authorized by Snap.

“Modification” means any upgrade, update, or other modification to the Snap Developer Program.

“Snap Brand Features” means any name, trademark, service mark, logo, domain name, or other distinctive brand features of Snap and its affiliates.

“Snap Confidential Information” means any materials, documentation, communication, and information that are marked confidential or would reasonably be understood to be confidential to Snap, including, for clarification, pricing, any amounts payable by you or Snap, and any order forms, addendums, or amendments between you and Snap or Snap’s affiliates, but does not include any information that you already rightfully knew, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party who was under no obligation of confidentiality.

“Snap Content” means content (including Snap Brand Features) created, uploaded, posted, sent, received, stored, or otherwise provided by Snap, Snap users (including Public Content, as that term is defined in the Snap Terms of Service), or other third-party licensors.

a. The Snap Developer Program enables you to design, develop, integrate, implement, test, operate, maintain, support, and distribute functionality and other developer products and services made available to you by Snap or its affiliates for your Application through tools like API(s), software, software development kits, code, keys, any credentials assigned to you and your Application by Snap or its affiliates. Some tools may include third-party software governed by its own terms, and you are responsible for complying with those terms. If the third-party software consists of open-source software and you modify or include that software in your Application, you are only permitted to do so in accordance with the terms of the applicable open-source license. 

b. If Snap provides any Modifications, you must: (i) implement all Modifications into your Application as soon as commercially practicable; and (ii) prioritize Modifications according to Snap’s recommendations.

c. You may have access to Business Services Data via the Snap Developer Program. You must comply with all permissions, requirements, and restrictions imposed on the use of Business Services Data by Snap or Snap users, including any request to remove Business Services Data. You must not collect, retain, or use any Business Services Data except as expressly permitted under these Snap Developer Terms.

d. You acknowledge and agree that Snap Content: (i) may be subject to copyright or other intellectual property and proprietary rights, and, if so, you may not use or distribute that Snap Content unless you obtain all necessary rights, permissions, and licenses by the owner of that content or are otherwise permitted by Applicable Law; (ii) may not be appropriate for all audiences or ages; and (iii) is subject to the Public Content Display Terms if you are displaying Public Content on your Application. Your access to Snap Content may be restricted, limited or filtered subject to Snap’s discretion and in accordance with policy and Applicable Law. You agree that Snap is not liable for any claims based on or arising from Snap Content.

e. You may also have access to Snap Brand Features for display on or through your Application. All use of the Snap Brand Features will inure to Snap’s benefit. You irrevocably assign and will assign to Snap any right, title, and interest that you obtain in any of the Snap Brand Features and will not challenge the validity of the Snap Brand Features. You must always use the Snap Developer Program in compliance with any branding or attribution requirements that we provide, including the Snap Brand Guidelines and, if applicable, the Bitmoji Brand Guidelines. 

f. By using the Snap Developer Program: (i) you acknowledge and agree that you own, operate, or are otherwise employed by or authorized by the owner of the Application; and (ii) you do not acquire any ownership rights in the Snap Developer Program, Business Services Data, or Snap Brand Features.

a. If the Snap Developer Program allows you to transmit, or to create functionality that enables others to transmit, content (including, for clarification, any data or technology transmitted via your Application by you or your users) to the Services, you grant Snap and its affiliates a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, transmit, synchronize, display, create derivative works from, and publicly perform that content in connection with the Services. Snap does not acquire ownership rights in that content or your Application.

b. To the extent permissible under Applicable Law, you irrevocably waive any moral rights or equivalent rights you may have in the content you approve or make available via the Business Services throughout the world. To the extent a waiver is not permitted, you agree not to assert any such rights against Snap and its affiliates.

a. You and your Application will not infringe on the rights, including intellectual property rights, of a third party, and you will require your users and anyone acting on your behalf to, comply with, and not access or use the Snap Developer Program in a manner that violates, these Snap Developer Terms and any Applicable Law. To the extent applicable, you have obtained all necessary rights, licenses, consents, and permissions for any musical sound recordings or compositions used in connection with your Application, and you have paid, and will pay, all amounts that are or become payable to any unions, guilds (including residuals and reuse fees), suppliers, record labels, musicians, publishers, composers (including sync license fees), public performance societies (e.g., ASCAP, BMI, SACEM, and SESAC), actors, employees, independent contractors, service providers, and any other rights-holders in connection with your Application.

b. You will provide and adhere to a published privacy policy for your Application that is easily accessible and conspicuously linked from the Application, incorporates by reference and links to the Snap Privacy Policy, and clearly and accurately describes to users of your Application what user information you and your Application access, collect, and store, and how and why you and your Application use, process, and share that information with Snap and other third parties. While users of your Application may provide information directly to Snap through your implementation of the Snap Developer Program, you must not provide Snap with any personal data unless otherwise agreed to in writing by you and Snap.

c. You and anyone acting on your behalf will implement and maintain an information security program that is consistent with customary industry standards and the Snap Kit Docs. Such information security program must include all secure, effective, stringent, and robust administrative, technical, physical, and organizational measures, including security measures, required to: (i) protect and monitor against security threats, hazards, theft, and unauthorized access, use, reproduction, disclosure, or modification of your username and password, and Business Services Data; and (ii) ensure a level of confidentiality and security appropriate to the risks presented by the processing and nature of any user data collected by your Application, including personal data; (iii) prevent unauthorized or unlawful processing of any user data collected by your Application, including personal data; and (iv) prevent the accidental loss, disclosure or destruction of, or damage to, any user data collected by your Application, including personal data.

d. From time to time, Snap may require you to submit your Application for review and approval. You agree to cooperate with Snap in this submission process and to answer questions and provide information and materials reasonably requested by Snap regarding your submitted Application. If you make material changes to your Application after submission to or approval by Snap, you must resubmit your Application to Snap. You acknowledge and agree that Snap is under no obligation to approve your Application or distribute your Application or any content from your Application to any Snap users. Snap may reject, cease, or limit distribution of your Application or any content from your Application at any time in its sole discretion without any liability to you.

e. Snap may monitor and audit you, your Application, and your use of the Snap Developer Program (including any urls, websites, applications, or other sites that redirect from your Application). You must not interfere with this monitoring. If requested, you must provide Snap with proof that you and your Application comply with these Snap Developer Terms.

f. You will respond to all valid law enforcement requests as required by Applicable Law.

g. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR APPLICATION, YOUR CONTENT, AND ANY DAMAGE TO YOU, YOUR USERS, AND YOUR RESPECTIVE COMPUTER SYSTEM(S) OR DEVICES, INCLUDING LOSS OF DATA OR CONTENT, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM ANY ASPECT OF YOUR USE OF THE SNAP DEVELOPER PROGRAM.

In addition to the representations and warranties under the Business Services Terms, you represent and warrant that you will not, and you will not permit or encourage any third party to: (a) share your keys, credentials, or access tokens, or otherwise provide access to, the Snap Developer Program to anyone outside of your organization; (b) use the Snap Developer Program in a manner that violates any mobile developer or app store terms, guidelines, or policies; (c) use the Snap Developer Program in a manner that, as determined by Snap, exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with the Snap Kit Docs; (d) use the Snap Developer Program to exhibit or otherwise make available material that is discriminatory, illegal, libelous, defamatory, pornographic, hate-related, excessively violent, or that violates or encourages conduct that would violate Applicable Law or feature or use the Snap Developer Program or any Snap Brand Features in any of the foregoing contexts; (e) remove, obscure, or alter any legal, copyright, trademark, or other proprietary notice contained in the Snap Developer Program, or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material; (f) imply creation, affiliation, sponsorship, or endorsement of you or your Application by Snap or its affiliates; (g) make any statement or use the Snap Developer Program or any Snap Brand Features in any advertising or advertising product or to imply sponsorship by, endorsement from, or a false association with Snap, Snap’s affiliates, any of Snap’s users, third party content providers, or business partners; (h) disclose, copy, scrape, translate, use, distribute, display, modify, or create derivative works of any Snap Developer Program except as expressly permitted under these Snap Developer Terms or Applicable Law; (i) use the Snap Developer Program to compete with or replicate any Snap applications, products, or services; (j) indicate that the Snap Developer Program is from another social platform or medium other than from Snap or a Snap application; (k) collect or attempt to collect any personal data from users of the Services for any unauthorized or unlawful purpose; (l) proxy, request, or collect Snap usernames, passwords, or other authorization credentials; (m) build, help build, or supplement any segments, profiles, search engines, recommendation services, directories, databases or similar records, including for clarification, friend graphs, or associate the behavior of any individual, device, content, or browser with any segment, profile, or similar record, based on Business Services Data or any other information obtained from or in connection with your use of the Snap Developer Program; (n) use the Snap Developer Program in conjunction with any hardware accessory, including an application that facilitates access to a hardware accessory, unless otherwise agreed to in writing by Snap; (o) charge for access to the Snap Developer Program or the Services; or (p) generate impressions, queries, clickthroughs, conversions, or take other actions with respect to any Application through any automated, deceptive, fraudulent, artificial, or otherwise invalid means, including through repeated manual clicks, the use of “robots” or other automated tools, or by payment of money, false representation, or any illegal actions.

a. You will not disclose Snap Confidential Information to any third party without Snap’s prior written consent. You may disclose Snap Confidential Information when compelled to do so by law if you provide Snap reasonable prior notice, unless a court orders that Snap not receive notice.

b. You will promptly delete all Snap Confidential Information and Business Services Data that is in your possession or control (including in your servers) upon request by Snap or upon termination of these Snap Developer Terms. Upon Snap’s request, you will certify your deletion and destruction.

c. You acknowledge and agree that Snap may be independently creating applications, content and other products and services that may be similar to or competitive with your Application, and nothing in these Snap Developer Terms will be construed as restricting or preventing Snap from creating and fully exploiting such applications, content, and other items, without any restriction or obligation to you.

The terms set forth below are Supplemental Terms and Policies and are incorporated by reference into these Snap Developer Terms if you use the Business Services for the purposes specified in those terms:

• If you use the Business Services to access Snap’s business tools to access and use certain Business Services then you agree to the Snap Business Tools Terms.

• If you use the Business Services for Camera Kit then you agree to the Snap Camera Kit Terms.

• If you use the Business Services for Snap’s audience network then you agree to the Snap Audience Network Terms.

• If you use the Business Services to integrate your Application with Bitmoji then you agree to the Bitmoji for Partners Terms. 

Other Business Services may also be governed by Supplemental Terms and Policies, which will be made available to you when you elect to use those specific Business Services, and those Supplemental Terms and Policies are incorporated by reference into these Snap Developer Terms when you accept them.

a. In addition to the rights granted to Snap under the Business Services Terms, you agree that Snap and its affiliates may use your name, logo(s), or other identifying information or image, and images and videos of the Application depicting your use of the Snap Developer Program, for any business purpose without consent, including conducting studies or surveys relating to your use of the Business Services. You must not make any public statement regarding your access to, or use of, the Snap Developer Program without Snap’s prior written approval. Any public statement approved by Snap must comply with Snap’s marketing, branding, and attribution requirements, including the Snap Brand Guidelines.

b. Upon termination of these Snap Developer Terms or any other Supplemental Terms and Policies incorporated into these Snap Developer Terms, you will immediately cease use of the applicable Snap Developer Program, will remove all Snap Brand Features from the Application, and delete all metadata from your systems.

c. These Snap Developer Terms set forth the entire understanding and agreement between you and Snap with respect to the Snap Developer Program, and supersede all other agreements between you and Snap regarding the Snap Developer Program.