Self-Serve Advertising Terms

April 29, 2019

Introduction

These Self-Serve Advertising Terms form a legally binding contract between you and Snap, govern the use of the Business Services for the creation and management of Ads and other Materials, and are incorporated into the Business Services Terms. Some terms used in these Self-Serve Advertising Terms are defined in the Business Services Terms.

For purposes of these Self-Serve Advertising Terms and the Business Services Terms, if the entity using the Business Services has its principal place of business in France, then “Snap” means Snap Group SAS, or if that entity’s principal place of business is in Australia or New Zealand, then “Snap” means Snap Aus Pty Ltd, even if the entity using the Business Services is acting as agent for another entity somewhere else.

1. Definitions

“Ad” means any Materials that you submit as an ad via the Business Services.

“Campaign” means your submission via the Business Services for Snap to run an Ad.

“Order” means a Campaign that Snap has accepted.

“Promotion” means a sweepstakes, contest, offer, or other promotion.

“Research” means any research, measurement, or survey relating to an Ad.

“Snapcode” means a scannable code Snap or its affiliates provide to you that users can scan to access Materials you designate via the Business Services.

“Snap Data” means any data that is collected, received, or derived from an Ad or Snapcode, or is otherwise provided in connection with an Ad or Snapcode.

2. License

a. You grant to Snap and its affiliates a non-exclusive, non-transferable (except as provided herein), sublicensable, irrevocable, worldwide, royalty-free, license to use, archive, copy, cache, encode, record, store, reproduce, distribute, transmit, broadcast, adapt, modify, publish, promote, exhibit, synchronize, communicate to the public, make available, publicly display, and publicly perform the Materials as set forth in these Self-Serve Advertising Terms.

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

3. Materials; Ads

a. If you use tools that Snap makes available to you via the Business Services to create Materials, then you may only use those Materials in connection with the Business Services.

b. Each Campaign will include the Ad and, if applicable, the budget, the dollar amount, the geographic area(s) or types of locations where the Ad will run, and any other information Snap reasonably requests. If Snap accepts the Campaign, Snap will deliver the Ad as inventory becomes available or as otherwise agreed to by Snap via the Business Services.

c. You, not Snap, are responsible for including any legally required disclosure in the Materials. Separately, Snap may in its sole discretion apply a label or disclosure to notify users that an Ad is attributable to you, and include in that label or disclosure your name as provided via the Business Services.

d. Snap and its affiliates may provide you the option to age target an Ad. If an Ad requires age targeting by Applicable Law or industry standards in the region where the Ad will run, you are responsible for selecting the correct age(s) in the purchase tool, and Snap will not be liable if you fail to do so. If a required age-target option is not available, do not submit the Campaign.

e. Snap will determine the size, placement, and positioning of Ads in its sole discretion.

f. To the extent permitted by Applicable Law, Snap does not guarantee the performance of Ads, Campaigns, tags, the Services, or that Ads will reach the audience targeted. 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 cost or performance of the Ads. Snap does not guarantee perfect delivery.

g. Snap and its affiliates reserve the right in their discretion to block Ads in certain areas without notice.

h. Snap and its affiliates may reject or remove any Ad for any reason at any time.

i. Snap and its affiliates make no commitments regarding editorial or content adjacency, or competitive separation, for Ads. All Ads may run on or next to unmoderated user-generated content.

j. You acknowledge and agree that users may be able to save, share, and view Snaps incorporating Ads during and beyond the Campaign’s run time.

k. You acknowledge that users may use the Materials for purposes or in ways other than you 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 the Materials, whether on the Services or beyond.

l. Snap and its affiliates may use Ads for advertising, marketing, and promotional purposes once the Ads have run.

m. Snap will make reporting related to Ads available to you via the Business Services. If you are creating and managing Ads as agent for another entity, then to the extent required by Applicable Law, Snap will make commercially reasonable efforts to make the reporting available directly to that entity.

4. Payments

a. Payments under these Self-Serve Advertising Terms are governed by the Payment Terms.

b. If you are creating and managing Ads as agent for another entity, then if required by Applicable Law or requested by Snap, you will provide to Snap the email or physical address of that entity, and you agree that Snap may send invoices to that entity directly.

5. Research

Snap may conduct Research. For any Research involving an in-app survey: (a) you and Snap will mutually agree in writing (email acceptable) on the questions to include in the survey; and (b) if enough users opt to take the survey, Snap may engage an independent third party to validate the results and create a report. You acknowledge and agree: (w) that Snap, its affiliates, and a third-party vendor, as applicable, may use your name and logo to conduct Research; (x) the data collected in connection with Research is Snap Data; (y) you will not use the Research to directly or indirectly collect information about users’ racial or ethnic origin, political opinion, religious or philosophical beliefs, trade-union membership, health, or sex life; and (z) that you will not receive a report unless your advertising campaign meets the measurement requirements. Snap will not provide any makegoods based on Research. Research may start prior to the launch of the advertising campaign and may continue after the advertising campaign ends, in Snap’s sole discretion.

6. Snapcodes

Your use of each Snapcode, and all Materials unlocked via Snapcode, must comply with the Snapchat Brand Guidelines and Snapcode Usage Guidelines. All Materials unlocked via Snapcode must be appropriate for people ages 13+. Snap may, in its sole discretion and for any reason at any time: (a) deactivate or redirect a Snapcode; or (b) apply a label or disclosure when Materials unlock to notify users that the Snapcode and Materials are attributable to you, and include in that label or disclosure your name as provided via the Business Services. Snap and its affiliates may use a Snapcode and Materials unlocked via Snapcode for advertising, marketing, and promotional purposes.

7. Promotions

If you use an Ad, Materials, or a Snapcode as part of a Promotion, you are solely responsible for complying with Applicable Law wherever your Promotion is offered, as well as with Snap’s Promotions Rules. Unless Snap expressly agrees otherwise in writing, Snap will not be a sponsor or an administrator of your Promotion.

8. Cancellation; Expiration

a. You may cancel an Order or Snapcode at any time via the Business Services, but Materials may run for up to 24 hours after Snap receives notice of cancellation. Payment must be made pursuant to the Payment Terms for all Ads that run.

b. Upon cancellation or expiration of an Order or Snapcode, the licenses granted in these Self-Serve Advertising Terms will expire immediately. But some content may persist for a period of time (including an unopened Snap or a Snap saved in Memories), and the licenses granted by you to Snap and its affiliates in these Self-Serve Advertising Terms extend: (i) for those purposes; and (ii) for advertising, marketing, and promotional purposes.

c. Snap reserves the right to modify or discontinue any product offerings, including measurement solutions and advertising product offerings, in whole or in part at any time.

9. Data Usage and Privacy

a. Data Usage. Except as Snap expressly permits in writing, and subject to any restrictions set forth in these Self-Serve Advertising Terms, the only manner in which you or your agents may disclose or use Snap Data is on an aggregated and anonymous basis for the purpose of: (i) optimizing your advertising campaigns run via the Services, or if you are creating and managing Ads as agent for another entity, that entity’s advertising campaigns run via the Services; (ii) assessing the effectiveness and performance of your advertising campaigns run via the Services, or if you are creating and managing Ads as agent for another entity, that entity’s advertising campaigns run via the Services; and (iii) planning your advertising campaigns to run via the Services, or if you are creating and managing Ads as agent for another entity, that entity’s advertising campaigns to run via the Services.

b. Data Restrictions. Except as otherwise permitted in these Self-Serve Advertising Terms, you, your agents, and any individual authorized to access your Accounts will not, and none of you will allow any other party to: (i) create compilations or combinations of Snap Data; (ii) commingle Snap Data with other data or across advertising campaigns on platforms other than campaigns run via the Services; (iii) disclose, sell, rent, transfer, or provide access to Snap Data to any affiliate, third party, ad network, ad exchange, advertising broker, or other advertising service; (iv) associate Snap Data with any identifiable person or user; (v) use Snap Data for retargeting a user or appending data to a profile regarding a user; (vi) build, create, develop, augment, supplement, or assist with the building, creation, development, augmentation, or supplementation of any segments, profiles, or similar records on any user, device, or browser; or (vii) de-aggregate or de-anonymize, or attempt to de-aggregate or de-anonymize, Snap Data.

c. Tags. You may request via the Business Services that an Ad include tags from a Snap-approved third-party vendor to measure ad campaign metrics. Unless Snap expressly authorizes in writing, neither you nor your agents will: (i) modify, alter, or change those tags; or (ii) manipulate or “piggyback” on the tags. Snap may remove or pause tags at any time in its sole discretion. You acknowledge that Snap and its affiliates will not be liable for any unlawful or unauthorized use by you, a Snap-approved third-party vendor, or any other third party, of any data obtained through any tags.

d. Privacy Policy. You will post a privacy policy on your website and mobile platform that complies with Applicable Law, and you will keep the privacy policy posted and adhere to the privacy policy at all times for the duration of these Self-Serve Advertising Terms.

10. Survival

The Introduction and Sections 1, 2, 3(a), 3(c), 3(d), 3(f), 3(j), 3(k), 3(l), 4-7, 8(a), 8(b), and 9-10 of these Self-Serve Advertising Terms will survive any termination of the Business Services Terms.