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 Camera Kit Terms (“Terms”) form a legally binding contract between you and Snap, govern the use of the Snap Developer Program for Camera Kit, and are incorporated into the Snap Developer Terms. Some terms used in these Terms are defined in the Snap Developer Terms or Business Services Terms.

“Camera Kit” means the developer products and services made available by Snap that enables you to make Lenses available to your users in the Application.

“Creative Kit” means the developer products and services made available by Snap that enables you to allow users of the Application to share content from the Application to Snapchat.

“Lens” means an AR experience made available by Snap, or created by you or your authorized agent(s) using Lens Studio or other software and tools provided by Snap.

“Lens Studio” means Snap’s development environment, and any software and tools marked in an accompanying file as being subject to the Lens Studio License Agreement, and certain documentation relating to the software, including video tutorials and other information made available to users on the Snap website, apps, or by any other means. The use of Lens Studio is governed by the Lens Studio License Agreement. If there is a conflict or inconsistency between these Terms and the Lens Studio License Agreement, these Terms will govern.

a. All Lenses for Camera Kit must only be developed using Lens Studio or any other means provided by Snap. Depending on your use case of Camera Kit, additional terms may apply and Snap will communicate such terms to you separately.

b. Without limiting your obligations in the Snap Developer Terms, you will include Snap branding within the Application in the form as required under the Snap Kit Docs or as agreed to in writing between you and Snap.

c. Prior to a user of the Application accessing Camera Kit, you will ensure that the user has affirmatively agreed to the Snap Terms of Service and acknowledged Snap’s Privacy Policy, including any updates, through either functionality Snap provides or by other means approved by Snap. The foregoing does not apply to internal evaluations of Camera Kit that are closed to users. If you are an agency or are otherwise accessing Camera Kit on behalf or for the benefit of a client or a third party, you must ensure that such client or third party expressly accepts and is bound by these Terms.

d. You are solely responsible for all content you approve or make available via the Business Services, and for all Lenses that you run, including any Lenses made available in the Application, and will ensure that all such content and Lenses comply with the Lens Studio Submission Guidelines, Community Guidelines, and all technical requirements Snap makes available, and are appropriate for people ages 13+. You acknowledge and agree that Snap and its affiliates own all rights in the Lenses (excluding content you provide that is incorporated into the Lens), the Lens product (including Lens Studio and the related software), and any other creative tools Snap may make available to you to create that content (such as templates or Bitmoji).

e. You may monetize Lenses in the Application (including by selling sponsored Lenses to be placed in the Application) or your use of Camera Kit with Snap's prior written consent.  You will not permit an agency or other third party to monetize Lenses or Camera Kit on your behalf.

f. Snap may introduce relevant business model(s) related to use of Camera Kit, including those  that will govern monetization scenarios (e.g. revenue share or other value exchange framework), at any time, and will provide relevant details separately or in the Snap Kit Docs.

g. Snap may in its sole discretion apply a label or disclosure to notify users that content you approve or make available via the Business Services is attributable to you.

h. You will not integrate any tracking technology into a Lens, such as cookies, pixels, javascript, images, beacons, code, identifiers, or tags, or collect any personal data via Camera Kit relating to a user’s use of the Services except solely to comply with Applicable Law or as necessary to offer Camera Kit or other Services in the Application.

i. You may only make Lenses available to users in the Services and in the Application via Camera Kit. If the Application includes functionality that allows users of the Application to share content from the Application to other platforms, you will integrate Creative Kit to allow for sharing of content featuring Lenses and other content from the Application to Snapchat and list Snapchat as one of the first several available options for sharing outside of the Application.

j. If any data Snap has access to or otherwise receives from you relating to the integration of Camera Kit in the Application includes any personal data, the Personal Data Terms, including the Data Sharing Agreement, apply.

k. You will use commercially reasonable efforts to make the majority of Lenses created by or for you for the Application available to users via Snapchat with the exception of Lenses that require functionality or data from the Application not accessible or otherwise replicable in Snapchat or sponsored Lenses approved by Snap for placement only in the Application.

l. To the extent permitted by Applicable Law, Snap does not guarantee perfect delivery or performance of Lenses or the Services. Snap runs systems that attempt to detect fraudulent activity, but Snap is not responsible for such fraudulent activity or any technological issues that may affect the performance of the Lenses.

m. You acknowledge and agree that users may be able to save, share, and view Snaps and other content you approve or make available via the Business Services during and beyond the Lens’s run time. You acknowledge that users may use that content for purposes or in ways other than you intended or anticipated. You agree that such use constitutes user-generated content for which neither Snap nor its affiliates bear any responsibility. You agree that neither Snap nor its affiliates are liable for any claims or losses based on or arising from any user-generated content, including user-generated content that makes use of your content, whether on the Services, in the Application, or elsewhere.

n. Snap and its affiliates may use Lenses and Snapcodes for advertising, marketing, and promotional purposes once the Lenses have run.

o. You will delete, and ensure that the Application and any related systems delete, all metadata and Lens binaries, including all caches and copies of that data, when you no longer have a legitimate business need relating to your use of Camera Kit to retain the data or 30 days from receipt, whichever occurs first.

p. In addition to either party’s rights and obligations under the Snap Developer Terms, Snap may in its sole discretion suspend or terminate your access to Camera Kit if: (i) you make any material changes to your use case or implementation of Camera Kit in your Application after submission to or approval by Snap in accordance with the Snap Developer Terms; or (ii) you do not provide accurate information or otherwise misrepresent your use case or implementation of Camera Kit as part of such approval process. All material changes require re-submission to and re-review by Snap for approval. Snap reserves the right to re-review any use of Camera Kit at any time.

In addition to either party’s rights and obligations under the Business Services Terms, you and Snap may each terminate these Terms immediately: (a) if the other party fails to correct a material breach of these Terms within 15 days after receipt of written notice of the material breach from the other party; or (b) upon written notice to the other party following: (i) the institution by or against the other party of insolvency, receivership, or bankruptcy proceedings or any other proceedings for the settlement of the other party’s debts; (ii) the other party making an assignment for the benefit of creditors; or (iii) the other party’s dissolution. Snap may also terminate these Terms without cause upon notice to you. Upon termination, you will immediately cease use of Camera Kit, stop making Lenses available in the Application, remove all Snap branding from the Application, and delete all metadata and Lens binaries from your systems.

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