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

a. You will use the Snap Developer Platform to develop games playable on the Services (each, a “Game”), each of which, for purposes of clarity, is an Application under the Snap Developer Terms. 

b. You are solely responsible for providing your own backend hosting infrastructure for each Game, and for any associated hosting costs. You agree to use a hosting provider that complies with Snap’s specifications, documentation, terms, guidelines, and policies.

c. You will submit each Game to Snap for review by a date or dates mutually agreed to by you and Snap (email to suffice). Snap may provide feedback to you and you agree to promptly develop and submit to Snap an updated Game. If Snap approves a Game, Snap may make the Game available to users of the Services worldwide, but Snap may withhold or suspend distribution to any and all territories at any time in Snap’s sole discretion. 

d. Any data you receive or otherwise collect from Snap, its affiliates, or users of the Game is Business Services Data. If the Business Services Data includes any personal data, then without limiting any of your obligations with respect to the use of the Business Services Data, the Personal Data Terms, including the Data Sharing Agreement, apply.

e. You will provide all technical support, help, and advice required to solve any problems related to the operation and delivery of each Game. You will ensure that each Game and all of its features and functionality will be available to users of the Services 99.99% of the time, measured on a monthly basis, excluding routine scheduled maintenance as you communicate to Snap in advance.

f. Subject to you complying with these Snap Games Platform Terms, Snap may serve advertisements (“Ads”) in each Game. You agree to provide functionality within each Game that permits Snap to serve Ads to users of the Services, and agree not to, or enable any third party to, serve Ads within the Game. Except for Ads served by Snap, you will not, and you will not permit any third party to, include any other advertising or promotional content in a Game.

g. At Snap’s sole discretion, Snap may provide you with reporting and metrics about your use of the Business Services for Snap Games Platform (“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 Games Platform. You must not share Reporting with any third party without Snap’s written consent (email to suffice) in each instance.

In addition to your representations and warranties under the Snap Developer Terms, you represent and warrant that: (a) except for Business Services Data that is anonymized (including pseudonymized) and aggregated with other data, you and anyone acting on your behalf will permanently and securely delete any subset of Business Services Data when requested by a user of the Services or at the moment any subset of the Business Services Data is no longer needed to provide the Game to the user, whichever is earlier; and (b) you and anyone acting on your behalf will only use the Business Services Data to improve, maintain, provide access to and use of each Game, and to comply with Applicable Law.

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 Game(s) during such month, as set forth in an order form executed by you and Snap. “Gross Revenue” means the amounts actually received by Snap from the distribution of Ads in your Game(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 60 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 Games Platform Terms. Amounts paid to you by Snap are inclusive of any applicable sales, use, excise, value added, goods and services, or similar tax. If, under Applicable Law, taxes are required to be deducted or withheld from 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 Games Platform 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 Games Platform Terms.

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