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 Games Platform Terms form a legally binding contract between you and Snap, govern the use of the Business Services 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 Business Services to develop games playable on the Services (each, a “Game”). 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 Games Platform, and upon Snap’s request, will provide Snap documentation verifying your compliance.

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. For clarification purposes, each Game is an Application, and the contents of each Game are your Materials, under the Snap Developer Terms.

d. 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.

e. 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 enable you or 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.

f. 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.

a. You are an independent controller of any personal data that Snap provides or otherwise makes available to you to enable users of the Services to access and use each Game (“User Data”) and any data you collect from users of the Services (collectively, “Game Data”), and agree that Snap is an independent controller of all Game Data that Snap has access to or otherwise receives. When Snap processes Game Data and when you process Game Data, you and Snap separately, individually, and independently decide how to use and process such data for its own purposes. You are responsible for your (including anyone acting on your behalf) compliance with Applicable Law, which, for purposes of clarity, includes Data Protection Law.

b. You acknowledge and agree that you will remain liable to Snap for a breach of these Snap Games Platform Terms by you and anyone acting on your behalf, including any processors, subprocessors, and any other subsequent third-party processors appointed by you or anyone acting on your behalf.

c. The terms “controller,” “personal data,” “process,” “processing,” and “processor,” each as used in this Section, have the meanings given to these terms in Applicable Law. “Data Protection Law” means all laws, regulations, and decisions applicable to the processing of data, including the General Data Protection Regulation (2016/679), and any implementing, amending, or replacement legislation from time to time.

In addition to your representations and warranties under the Snap Developer Terms, you represent and warrant that: (a) you and anyone acting on your behalf will not collect any personal data about any user of the Services except solely to the extent necessary to provide the user access to and use of each Game and to comply with Applicable Law; (b) 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 Games Platform Terms; (c) the data collected in connection with a Game 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 not, and will not authorize or encourage any third party to, take any actions with respect to any Game through any automated, deceptive, fraudulent, artificial, or otherwise invalid means; (e) you will not collect, receive, or derive data from any Ad served in a Game; (f) except for Game 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 Game Data when requested by a user of the Services and at the moment any subset of the Game Data is no longer needed to provide the Game to the user, whichever is earlier; (g) you and anyone acting on your behalf will only use the Game Data to provide each user of the Services access to and use of each Game and to comply with Applicable Law; (h) you and anyone acting on your behalf will implement and maintain all appropriate technical, administrative, physical, and organizational measures required to: (i) ensure a level of confidentiality and security appropriate to the risks represented by the processing and the nature of the Game Data; and (ii) prevent unauthorized or unlawful processing of Game Data and prevent the accidental loss, disclosure or destruction of, or damage to, Game Data; (i) you and anyone acting on your behalf will maintain a privacy policy in accordance with the Rules, which: (i) is and will remain easily accessible and conspicuously linked to and from the applicable home page and other relevant pages of the applicable websites and/or within the applicable applications, including each Application; (ii) discloses your practices regarding the collection, use, and sharing of data (including with Snap); (iii) discloses that you may employ third parties to collect information on the website or application on their own behalf; (iv) includes a clear and prominent notice about how and where users can opt-out of the use of their data for ad targeting; and (v) provides that you will not collect data or information from users of the Services and your Application to deliver, measure, or target advertising to such users; (j) your Materials and each Application will not infringe on the rights, including intellectual property rights, of a third party, or contain material that is libelous, defamatory, pornographic, hate-related, excessively violent, or that violates or encourages conduct that would violate any criminal laws or any other applicable laws, rules, or regulations; (k) you have paid, and will pay, all amounts that are or become payable to any unions, guilds (including residuals and reuse fees), suppliers, musicians, 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 the distribution of Materials and your Application pursuant to these Snap Games Platform Terms; and (l) there are no actions, claims, demands, lawsuits, liens, encumbrances, or other proceedings pending, outstanding or threatened that may adversely interfere with or prejudice the rights you grant to Snap in these Snap Games Platform Terms.

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. 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 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.

You must not make any public statement regarding a Game or the relationship contemplated by these Snap Games Platform Terms without Snap’s prior review and prior written approval in each instance. Any public statement approved by Snap must comply with Snap’s marketing, branding, and attribution requirements, including the Snap Brand Guidelines.

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. These Snap Games Platform Terms, any communication to you related to these Snap Games Platform Terms and Snap Games Platform, including Reporting, and any information relating to payments, are Snap Confidential Information.