PLEASE NOTE: WE’RE UPDATING THE TERMS FOUND BELOW. THE UPDATED TERMS WILL BE EFFECTIVE ON JULY 1, 2021 AND CAN BE FOUND HERE. YOUR USE OF THE BUSINESS SERVICES STARTING ON JULY 1, 2021 WILL BE SUBJECT TO THOSE UPDATED TERMS.

These Snap Audience Network Terms form a legally binding contract between you and Snap, govern the use of the Business Services for Snap’s audience network (“Snap Audience Network”), and are incorporated into the Snap Developer Terms. Some terms used in these Snap Audience Network Terms are defined in the Snap Developer Terms or Business Services Terms.

a. You will comply with any specifications, documentation, terms, guidelines, and policies provided to you or made available by Snap from time to time that are applicable to Snap Audience Network, and upon Snap’s request, will provide Snap documentation verifying your compliance.

b. Subject to you complying with these Snap Audience Network Terms, Snap may serve advertisements (“Ad”) via Snap Audience Network in each Application approved by Snap.

c. At Snap’s sole discretion, Snap may provide you with reporting and metrics about your use of the Business Services for Snap Audience Network (“Reporting”). Reporting is Snap Confidential Information and you may only use Reporting for your internal purposes to optimize your use of the Business Services for Snap Audience Network. You must not share Reporting with any third party without Snap’s written consent (email to suffice) in each instance.

a. Any data collected, received, or derived from any Ad or from Snap Audience Network, or otherwise provided in connection with any Ad or Snap Audience Network (“Audience Network Data”) is Snap Data.

b. You will maintain the confidentiality and security of Audience Network Data by maintaining safeguards that are designed to: (i) protect the security and integrity of Audience Network Data while it is within your systems; and (ii) guard against the accidental or unauthorized access, use, alteration, or disclosure of Audience Network Data within your systems. You will destroy Audience Network Data (except with respect to Audience Network Data that does not identify Snap, Snap’s affiliates, or any user of the Services in any way) the sooner of: (i) 30 days from receipt of that data; and (ii) when you no longer have a legitimate business need to retain that data.

c. In addition to the restrictions under the Snap Developer Terms, you must not, and must not authorize or encourage any third party to: (i) generate impressions, queries, clickthroughs, conversions, or take other actions with respect to any Ad 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 with respect to any Ad; (ii) create compilations or combinations of Audience Network Data; (iii) commingle Audience Network Data with other data or across advertising campaigns not run on Snap Audience Network; (iv) sell, rent, transfer, or provide access to Audience Network Data to any affiliate, third party, ad network, ad exchange, advertising broker, or other advertising service; (v) associate Audience Network Data with any identifiable person or user; (vi) use Audience Network Data for retargeting a user or appending data to a profile regarding a user, including to categorize a user of an Application as a user of the Services; or (vii) de-aggregate or de-anonymize, or attempt to de-aggregate or de-anonymize, Audience Network Data.

In addition to your representations and warranties under the Snap Developer Terms, you represent and warrant that: (a) you will comply with Applicable Law, applicable self-regulatory standards and guidelines, and iOS and Android platform guidelines (collectively, “Rules”) in your performance under these Snap Audience Network Terms; (b) you have secured, and will maintain, all necessary rights, licenses, and consents from all Data Subjects whose data will be included in Audience Network Data; (c) Audience Network Data will not contain any sensitive information as defined in the Rules, including any information that is based on or includes: (i) an alleged or actual commission of a crime; (ii) health information; (iii) information about individuals you have actual knowledge are under the age of 13 (or, if greater than the age of 13, the minimum age at which the processing of personal data of a Data Subject is lawful under Applicable Law); (iv) information about individuals collected from an online service directed to children; (v) financial status; (vi) racial or ethnic origin; (vii) religious beliefs or preferences; (viii) sex life or sexual preferences; or (ix) trade union membership; (d) you will provide sufficient notice to each Data Subject in compliance with the Rules that the Data Subject’s information collected by you or your agents may be shared with and used by third parties, including Snap, for the purposes specified under these Snap Audience Network Terms, including to optimize ad effectiveness and ad targeting, providing you with insights about advertising on your Application, improving Snap’s platform or any other Snap system, providing and creating additional advertising services, for marketing, for other advertising purposes, and as otherwise permitted under the Privacy Policy; (e) you will provide sufficient notice to each Data Subject in compliance with the Rules that the Data Subject’s information collected by you or your agents may be shared with and used by third parties for the purposes specified under these Snap Audience Network Terms; and (f) you will promptly notify Snap of any actual or threatened complaint relating to Audience Network Data and will reasonably cooperate with Snap, at your expense, in responding or defending against any such complaint.

The notice you provide your users must include, at a minimum: (a) for websites, a clear and prominent notice on each webpage where you utilize Snap Audience Network stating that third parties, including Snap, may use cookies, web beacons, and other technologies to collect or receive information from your websites, apps, and elsewhere on the internet, and may use that information to provide measurement services, ad targeting, and other advertising services; (b) for apps, a clear and prominent link inside your apps’ settings or your privacy policy, and from within any store or website where your apps are distributed, that explains that third parties, including Snap, may collect or receive information from your apps and other apps, and may use that information to provide measurement services, ad targeting, and other advertising services; and (c) a clear and prominent notice about how and where users can opt-out of the use of that information for ad targeting. In jurisdictions that require informed consent for storing and accessing cookies or other information of a Data Subject, you must ensure, in a verifiable manner, that each Data Subject provides you with the necessary consent before you use Snap Audience Network in connection with that Data Subject.

a. Each month, Snap will pay you a percentage of the aggregate Gross Revenue (defined below) for the Ads Snap sells and displays in your Application(s) via Snap Audience Network during such month. “Gross Revenue” means the amounts actually received by Snap from the distribution of Ads in your Application(s), less Revenue Share Deductions (defined below). “Revenue Share Deductions” means: (i) taxes, if any, required to be collected, withheld or paid with respect to such amounts (except taxes on net income); (ii) any and all refunds to advertisers; and (iii) any and all actual out of pocket costs of third-party measurement relating to the Ads.

b. If you earn any payouts in accordance with this Section, Snap will pay you within 45 days following the end of each calendar month. All payments will be made in U.S. dollars via wire transfer of immediately available and Snap-approved funds to an account designated by you and will be net of any transaction, refunds, measurement fees, and general and administrative fees. Snap will not be liable for any failure to remit payment if you do not provide the appropriate information to transfer such funds to you. Additionally, Snap reserves the right to deduct from any payments due or payable to you, any amounts that are past due and remain uncollected by Snap from you in connection with any other Snap product or service. You are responsible for paying any taxes, duties or fees for which you are legally responsible in connection with transactions under these Snap Audience Network Terms. If, under Applicable Law, taxes are required to be deducted or withheld on any payments to you, then Snap will deduct such taxes from the amount owed to you and pay them to the appropriate taxing authority as required by Applicable Law. Payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of amounts payable under these Snap Audience Network Terms. You will provide to Snap any forms, documents or other certifications as may be required by Snap to satisfy any information reporting or withholding tax obligations with respect to any payments under these Snap Audience Network Terms.

These Snap Audience Network Terms set forth the entire understanding and agreement between you and Snap with respect to Snap Audience Network, and supersede all other agreements between you and Snap regarding Snap Audience Network. These Snap Audience Network Terms, any communication to you related to these Snap Audience Network Terms and Snap Audience Network, including Audience Network Data and Reporting, and information relating to payments, are Snap Confidential Information.