ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR TERMS OF SERVICE AND SUBJECT TO ANY APPLICABLE COUNTRY-SPECIFIC LIMITATIONS, YOU AND SNAP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We’ve drafted this User Agreement (which we call the “Agreement”), so you’ll know the rules that govern your use of the following products (“Products”): (a) hardware products, such as Spectacles or Pixy, and (b) the software and firmware for those hardware products, including any Updates (defined below) to the software and firmware (collectively, the “Licensed Software”) that lets you use your hardware products and pair to Snapchat.

Additional terms specific to the country in which you are located when you use the Products, or if you are using the Services on behalf of a business, the country in which the business's principal place of business is located, may apply. Please see the end of this Agreement for country-specific terms that may apply. In the event of a conflict between any applicable country-specific terms and the rest of this Agreement, the country-specific terms will govern.

By purchasing, using the Products or pairing your Products to Snapchat, you’re agreeing to be bound by this Agreement. The Agreement in effect when you pair (or re-pair) your Products will supersede the prior agreement to which you agreed. Although we have tried our best to strip the legalese from this Agreement, there are places where this Agreement may still read like a traditional contract. There’s a good reason for that: This Agreement does indeed form a legally binding contract between you and Snap Inc., if you live in the United States or are using the Products on behalf of a business with its principal place of business located in the United States, or between you and Snap Group Limited, if you live outside the United States or are using the Products on behalf of a business with its principal place of business located outside of the United States. In this Agreement, Snap Inc. and Snap Group Limited are collectively referred to as “Snap” and we ask that you please read this Agreement carefully.

This Agreement incorporates by reference our: (a) Safety Warnings (defined below), (b) Products Warranty, (c) Terms of Service, and (d) Privacy Policy. The Products are “Services” as defined in the Terms of Service, which among other things, means your use of the Services is subject to the disclaimers and limitations of liability in our Terms of Service. Please review our Privacy Policy to learn how we handle information when you use the Services. You agree that we can collect, use, and share your information consistent with that policy. To the extent this Agreement conflicts with our Terms of Service or any other agreement expressly incorporated above or any written insert included in the packaging with your Products, and unless provided otherwise under any applicable law, statute, rule or regulation (collectively, “Applicable Law”), this Agreement governs.

You affirm that you are competent, of the legal age of majority in your country of residence, and authorized to agree to and abide by this Agreement. If you want to use our Products and are under the age of majority in your jurisdiction, you must have prior express consent from your parent or authorized guardian.

If you use the Product or pair your Product to Snapchat on behalf of a business or other legal entity, you affirm that you are authorized to agree to this Agreement on behalf of the business or other legal entity. You agree that the terms “you” and “your,” as used throughout this Agreement, apply to both you and the business or other legal entity, as applicable.

All Products are sold or made available to you only for your personal, non-commercial use. You may not make the Products available for commercial resale, or use the Products for any commercial purpose without our prior written consent.

a. Device Compatibility. You are responsible for verifying the compatibility of the Products with other required equipment. We will not be liable to you (to pay a refund or otherwise) if your device does not meet Product compatibility requirements. Also keep in mind that you’ll need to download the Snapchat application and create a Snapchat account to import, download, view, edit and store the content you create on the Products. If you live in Europe, this does not affect your legal rights. Read below for more information about your Right to Cancel online purchases.

b. Safety Warnings. Our Products are not toys and are not intended for young children. Safety Warnings, instructions, information, manuals, guidelines and product inserts (collectively, the “Safety Warnings”) are unique to each Product and address the particular safety measures that you must follow when using the Products. When followed, Safety Warnings may reduce risks of personal injury, discomfort, and/or property damage. Only operate the Products after you have a clear understanding of the Safety Warnings and do not let others use or interact with the Products unless they have also been made aware of and agree to the Safety Warnings.

c. Limited Product Warranty. Some of our Products are covered by a limited warranty. Please see our Products Warranty page for information, including what is and is not covered. The foregoing is not intended to limit any consumer rights or statutory warranties you may otherwise have under Applicable Law.

d. Third-Party Products. Snap’s obligations only apply to the Products Snap provides to you. We are not responsible for any loss of data or damage to the Products if you use them with third-party products, software or applications, and we are not responsible for any damage to third-party products, software or applications you use with the Products.

e. License Grant. For Licensed Software, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, non-sublicensable license to use the Licensed Software on the following terms:

This license terminates automatically if you fail to comply with the restrictions described below. You may use the Licensed Software solely as included in the Products and for your personal use or use on behalf of a business or other entity. We may provide, and automatically download and install, Updates (as defined below) to the Licensed Software, all of which will be subject to the rights and restrictions of this Agreement. You will not allow any third party to (or facilitate their ability to): (i) alter, modify, adapt, translate, reverse engineer, decompile, or disassemble the Licensed Software (except to the extent any Applicable Law specifically prohibits such restrictions); (ii) attempt to (1) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Licensed Software, including any such mechanism used to restrict or control the functionality of the Licensed Software; or (2) derive the source code or the underlying ideas, algorithms, structure, or organization from the Licensed Software; (iii) create derivative works based on the Licensed Software, or any portion thereof; (iv) copy the Licensed Software; (v) remove any proprietary notices or labels on the Products; or (vi) use the Licensed Software in any manner other than as included in the Products.

The Licensed Software may include third party software governed by its own terms. Your use of third party software is subject to any applicable terms, and Snap assumes no responsibility for, and makes no warranty with respect to, any third party software.

The Licensed Software, or any portion thereof, may not be downloaded, exported, or re-exported in contravention of Applicable Law. The Licensed Software is licensed, not sold, under this Agreement. Title, ownership rights, and intellectual property rights in and to the Licensed Software remains in (as applicable) us and our licensors and affiliates. Snap reserves all rights not expressly granted in this Agreement.

f. Updates. Snap may provide patches, bug fixes, updates, or upgrades (collectively, “Updates”) to the Licensed Software that must be installed in order for you to continue to use the Products. Snap may apply Updates remotely without notifying you, and you hereby consent to such remote application. Snap may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Licensed Software at any time. You also acknowledge the Licensed Software, or portions of it, may cease to be available to you at any time without notice from Snap, including after an Update is applied. Snap does not have any maintenance or support obligations with respect to the Products.

g. Third Party Consent. Our Products include features that allow you to capture and record voices, bodies and faces of both yourself and other people. If you use these Product features, you acknowledge and agree that you are responsible for obtaining any necessary consent, including consent to record audio and video and, if necessary, consent to process personal information, as applicable in your jurisdiction.  Snap processes the information you collect at your direction and upon the understanding that you have collected the required consent in order to remain in compliance with Applicable Law, including any local, state or federal invasion of privacy or surveillance laws.

For information about canceling your order, or processing a refund or exchange for any Product you purchased, please see our Return Policy. For information about our right to cancel online orders, please see Section 2 (Online Orders) above.

a. You represent and warrant that (i) your use of the Products will comply with all Applicable Law, (ii) you have read, understand, and will follow all Safety Warnings, and (iii) you will not misuse the Products and only use the Products as permitted under this Agreement.

b. If you have purchased the Products, you represent and warrant that (i) all information you have provided to us in connection with your order and your purchase is accurate and complete, and (ii) you will not use any payment card or other form of payment to purchase a Product unless you have all necessary legal authorization to do so. If you are submitting an order on behalf of a business or other legal entity, you further represent and warrant that you are an authorized representative of the business or other legal entity with the authority to bind it to this Agreement and agree on behalf of the business or other legal entity to be bound by this Agreement.

c. You represent and warrant that (i) neither you, nor, if you are a business or other legal entity, any affiliated company, are included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (“OFAC”) and the Denied Parties List, Unverified List, and Entity List maintained by the U.S. Department of Commerce’s Bureau of Industry and Security; (ii) you (if you are a business or other legal entity) are not owned or controlled by such a restricted party; and (iii) you are not resident in, located in, or organized under the laws of any country with which trade is prohibited by OFAC or other applicable sanctions.

d. You acknowledge that Products are subject to U.S. and other export control, sanctions, import, and customs laws—for example, 15 C.F.R. Parts 730-774 and 31 C.F.R. Parts 500-599 (collectively, “Trade Control Laws”). You agree to comply with Trade Control Laws and will not export, reexport, transfer, or import the Products contrary to Trade Control Laws or for use in any sanctioned countries, by any restricted parties, or for any restricted end uses.

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Snap, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Products; (b) your violation or alleged violation of any laws in connection with your use of the Products; (c) any fraud or misrepresentation by you; or (d) any violation or alleged violation of this Agreement by you, including any actual or alleged breach of your representations, warranties, or obligations.

Notwithstanding anything to the contrary, the disclaimers and limitation of liability provisions contained in our Terms of Service apply to all Products and the use of all Products, even in cases where a limited warranty may not apply. EXCEPT FOR ANY LIMITED WARRANTY THAT MAY APPLY, NEITHER SNAP, SNAP’S AFFILIATES, NOR THEIR RESPECTIVE LICENSORS (COLLECTIVELY, “SNAP PARTIES”), MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SNAP PARTIES ASSUME NO LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, OR LOSS OF USE DURING THE PERIOD THE PRODUCT IS BEING REPLACED OR REPAIRED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT OF A PRODUCT REPLACEMENT, SNAP PARTIES ARE NOT LIABLE FOR ANY ASSOCIATED DATA LOSS OR CONSEQUENTIAL DAMAGES OF ANY KIND.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNAP PARTIES ASSUME NO LIABILITY FOR ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE MISUSE OF PRODUCTS. WE SPECIFICALLY ADVISE YOU AGAINST USING PRODUCTS IN A MANNER INCONSISTENT WITH THIS DOCUMENT, OUR WARNINGS, OUR COMPATIBILITY PAGE, AND OTHER ACCOMPANYING DOCUMENTATION. IN NO EVENT WILL SNAP PARTIES’ LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS WARRANTY STATEMENT EXCEED THE PRODUCT PURCHASE PRICE PAID BY YOU.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so limitations or exclusions in this provision may not apply to you. The disclaimers and limitations of liability above do not limit your rights under applicable local or national law, and do not apply to the extent liability cannot be disclaimed under Applicable Law, including applicable product liability and consumer protection statutes.

This Agreement is governed by the Choice of Law provision in our Terms of Service.

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR TERMS OF SERVICE, YOU AND SNAP AGREE THAT CLAIMS AND DISPUTES, INCLUDING STATUTORY CLAIMS AND DISPUTES, ARISING BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

For additional details about this arbitration procedure, please refer to the Arbitration provision of our Terms of Service, which REQUIRES YOU AND SNAP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you use the Product or pair your Product to Snapchat on behalf of a business, the Arbitration provision of our Terms of Service will apply, except that the AAA Commercial Arbitration Rules will govern the arbitration instead of the AAA Consumer Arbitration Rules.

a. From time to time, we may revise this Agreement. You can determine when this Agreement was last revised by referring to the “Effective Date” at the top of the Agreement. Please read the Introduction to understand when the new Agreement becomes effective. You will be bound by the version of the Agreement in effect when you purchased the Product, first used the Product, or paired (or re-paired) your Product to Snapchat, whichever is later.

b. Any provision of this Agreement that expressly or by its nature is intended to remain in effect on or after termination of this Agreement or the expiration of licenses granted in this Agreement, will survive and will continue to bind you and us after that termination or expiration.

We will not be responsible for any delay or failure to comply with our obligations under this Agreement or for any Product failure if the delay or failure arises from any force majeure event or any cause which is beyond our reasonable control.

a. This Agreement does not create or confer any third-party beneficiary rights.

b. If we do not enforce a provision in this Agreement, it will not be considered a waiver.

c. We reserve all rights not expressly granted to you.

d. If any provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement.

e. To the extent permitted by law, you waive any applicable statutory or common-law right that may permit a contract to be construed against its drafter.

f. We may assign our rights and obligations under this Agreement, in whole or in part, to any party at any time without notice. This Agreement may not be assigned by you, and you may not delegate your duties under it, without our prior written consent.

g. The United Nations Convention on the International Sale of Goods does not apply to this Agreement.

h. As used in this Agreement, “including” means including without limitation.

We welcome comments, questions, concerns, or suggestions. If you live in the United States, please send comments by reaching out to us at 3000 31st Street, Santa Monica, California 90405, U.S.A., and if you live outside the United States, reach out to Snap Group Limited (a company registered in England with company number 09763672, VAT ID: GB 237218316) at 50 Cowcross Street, Floor 2, London, EC1M 6AL, United Kingdom, Authorized Representative: Ronan Harris, Director.

We always love to hear from our users. But if you provide feedback, input, suggestions, proposed modifications, ideas, or improvements (collectively, “Feedback”), just know that by doing so, you grant Snap an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use your Feedback without compensating you for such use.

If you live in or are using the Products on behalf of a business with its principal place of business located in any of the countries listed below, the additional terms listed for that country apply to you, as will the European Union and EEA terms if that country is part of the European Union or EEA.

a. European Union and EEA:

i. Faulty Products

We will provide you with the Products you’ve paid for in accordance with this Agreement, as required by law. If you’re an individual consumer (not a business), the law requires that the Products we provide will be of satisfactory quality, fit for purpose, meet any description we give to you, and match any sample we may have provided to you.

If your Product is faulty or not as described, please refer to our Return Policy. Our Return Policy and our Products Warranty are in addition to and do not affect your legal rights in your country, which may include a right for your Product to be repaired or replaced free of charge, a right to reject a Product and receive a full refund, and/or a right to a price reduction or full refund where the Product cannot be repaired or replaced after one or more attempts. In some countries, you only have these rights for a limited time. For example, if you live in Italy or France we will only be responsible for any non-conformity for a period of 2 years from delivery and in Italy you must notify us of any non-conformity within 2 months of discovering it.

ii. Right to Cancel

• If you would like to exercise your 30 day right to change your mind set out in our Return Policy (“Right to Cancel”), you must notify us within the 30 day cancellation period referred to in that policy. You may do this by providing the information requested here, or by completing this form and sending it to us at support@pixy.com.

• If you wish to exercise your Right to Cancel in accordance with this Agreement, you must return the Products following the steps set out in our Return Policy page as soon as reasonably possible and in any event within 14 days of you notifying us that you are canceling part or all of the order.

• If you exercise your Right to Cancel in accordance with this Agreement, we will refund any payments we have received from you for those canceled Products (including the outbound delivery costs (unless you opted for a premium outbound delivery service in which case we will only refund you an amount equal to standard delivery costs)). If you cancel only part of an order, we will only refund to you a proportionate part of the standard outbound delivery charges.

• If you have handled or used the Products, we may reduce any refund payable to you to take into account the loss in value of the rejected Products.

• Unless we give you details of a free returns service, we may charge for the cost of returning the Products where you are doing so other than due to our error or a fault with the Product.

iii. Risk

If you’re an individual consumer (not a business), risk of loss of or damage to Products you order from us transfers to you as soon as our chosen carrier delivers (or makes available) the Products to you at the agreed delivery location.

iv. Online Dispute Resolution

For individual consumers (not businesses): click here to visit the EU Commission’s Online Dispute Resolution Platform.

b. United Kingdom (in addition to the European Union/EEA terms above):

If we are unable to resolve an issue after you’ve contacted our Support team, you may make a request for any dispute to be settled by mediation through The Retail Ombudsman. If you do so, we will consider the request but we are not obliged by law to do so. This does not restrict your other legal rights.

Further information on The Retail Ombudsman can be found at this website.

For more information about your rights as an individual consumer, please refer to the Consumer Rights Act 2015, visit UK Citizens Advice or call them on 03454 04 05 06.

c. Belgium (in addition to the European Union/EEA terms above):

If we are unable to resolve an issue after you’ve contacted our Support team, you may make a request for any dispute to be settled by mediation through the Consumentenombudsdient/Service de Médiation pour le Consommateur (which is the relevant federal institution designated by law). Contact details and further information will be made available to you at that time. This information is communicated to you in accordance with article XVI.4 of the Belgian Code of Economic Law.

d. France (in addition to the European Union/EEA terms above):

Under French law, we must remind you where you are an individual consumer (not a business), your warranty for lack of conformity means that in case of a claim under your legal guarantee of conformity:

i. Any claim will need to be raised within two years after delivery of the Product;

ii. You are entitled to choose between repair and replacement of Product subject to the costs conditions as set out in article L217.9 of the Consumer Code;

iii. You are not required to provide evidence of the lack of conformity up to 24 months after the delivery date.

The legal warranty of conformity applies independent of any commercial warranty which may be granted.

You may decide to enact the warranty for hidden defects in accordance with Article 1641 of the French Civil Code. In this case, you may choose between the cancellation of the sale or a reduction in the sale price.

For more information about your rights as an individual consumer, please refer to articles L. 211-4, L211-5 and L.211-12 of the French Consumer Code and article 1641 and paragraph 1 of article 1648 of the French Civil Code.

Pursuant to the Code de la Consommation, you are entitled to consumer mediation to resolve disputes between us. You may choose any of the mediators listed at http://www.economie.gouv.fr/mediation-conso/saisir-mediateur under “Commerce électronique - Vente à distance.” Their contact details are available at the individual mediator websites listed there. 

e. Italy (in addition to the European Union/EEA terms above):

If we are unable to resolve an issue after you’ve contacted our Support team, you may apply for an out-of-court mechanism to solve any dispute relating to this Agreement with the competent bodies established by the Chambers of Commerce pursuant to Law of December 29, 1993, no. 580. You may also apply for the mediation procedure pursuant to Legislative Decree no. 28/2010 as amended, subject to the conditions that may be applied by the body chosen by you, without limiting the use of voluntary negotiation procedures provided under Section 2 paragraph 2 of that Decree, as well as the complaint procedures provided by the service charters.

For more information about your rights as an individual consumer, please refer to Section 129 onwards of the Italian Commercial Code (Legislative Decree no. 206 of September 6 2005).

f. Spain (in addition to the European Union/EEA terms above):

For more information about your rights as an individual consumer, please refer to the Consumer Rights Act 2007 (Royal Legislative Decree 1/2007, Law on the Defence of End Users and Consumers) or visit the Centro Europeo del Consumidor en España.

g. United Arab Emirates

If we are unable to resolve a dispute after you, an individual consumer, have contacted our Support team, then in lieu of the venue and choice of law set out in the Terms of Service, such dispute will be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre before one arbitrator. The seat, or legal place, of arbitration will be London and the language used in the arbitration will be English.

For more information about your rights as an individual consumer, please refer to Federal Law No. 24 of 2006, Federal Law No. 15 of 2020 and Cabinet Resolution No. 12 of 2007, as well as Federal Law No. 10 of 2018 on Product Safety, or visit the UAE Ministry of Economy.