Addendum to the Snap Group Limited Terms of Service for Austrian Users

1. Introduction

a. This addendum is incorporated into the Snap Group Limited Terms of Service and applies to you if you are an individual user resident in Austria, or a microenterprise, a small enterprise or a not-for-profit organisation resident in Austria. If you are a microenterprise, a small enterprise or a not-for-profit organisation you may explicitly agree to waive the provisions of Article 102 paragraphs 1, 3 and 5 of the European Electronic Communications Code (Directive (EU) 2018/1972; EECC). We recommend that you download or print out a copy of this addendum for your records.

b. This addendum sets out the information required under the Telekommunikationsgesetz 2021 ("TKG 2021") in respect of the chat and messaging functionality we make available within Snapchat as described on our Support Site ("Chat") and applies to your use of this Chat product feature only. Information about other Snapchat product features such as Spotlight, Stories, Bitmoji, Public Profiles, My AI, Snap Map, and more can be found in our Terms of Service and our Support Site. Collectively, we refer to our products and services as the "Services". “Chat” is part of our “Services”.

c. The provider of the Services (including Chat as part of the Services) to you is Snap Group Limited, 50 Cowcross Street Floor 2, London EC1M 6AL, United Kingdom.

2. Description of the Chat feature

a. Chat enables you to communicate with other users of the Services, including using: (i) Snaps; (ii) voice and video calls; and (iii) messaging using as recorded audio messages, text messages, links, photos, and stickers.

b. To use Chat you must comply with our Terms of Service, including meeting the conditions set out in Section 1 of the Terms of Service.

3. Processing of personal data and data Security

a. To access Chat, you’ll need to set up an account with us. To do this, we ask you to provide us with account details, such as your name, username, email address, birthday, and phone number. Our Privacy Policy provides more information on how we process your information when you use Chat.

b. Our systems are designed to detect incidents, threats or vulnerabilities that may impact our Services, including Chat and we will take appropriate action upon learning about this type of activity. For example, we provide two-factor authentication to help protect your account and can send you email or text messages if we notice any suspicious activity.

4. Tariff provisions

We do not charge any fees for the use of Chat. However, you are responsible for the costs of your data plan and internet access. Further information can be found in Section 12 of the Terms of Service.

5. Access to emergency services

Access to emergency services is not supported by Chat or the Services.

6. Accessibility

We have enabled a number of accessibility options on the Services as set out on our Support Site.

7. Limitations and exclusions of liability

The Terms of Service set out limitations on Snap’s liability to you in connection with your use of Chat. These limitations are subject to certain exclusions that we have described in the Terms of Service, including that such limitations will not affect your mandatory legal rights and remedies (such as statutory warranties) provided to you under Austrian law to the extent they apply.

8. Dispute resolution

If you have any questions, you can contact us. Our Terms of Service set out how all disputes will be handled between us, including information on which governing law and venue applies. In addition, where permitted under the TKG 2021, you may be able to refer such cases for dispute resolution to the Rundfunk und Telekom Regulierungs-GmbH (RTR), A-1060 Wien, Mariahilfer Straße 77-79. Please note that this option is limited to disputes arising in connection with Chat and no other part of the Services as the TKG 2021 only applies to the Chat feature.

9. Contract termination and suspension

a. Your access to the Services will continue until either we or you terminate it. You can terminate your contract with us at any time and for any reason by deleting your account as further detailed in Section 15 of the Terms of Service. We may terminate your access to the Services for the reasons described in the Terms of Service.

b. If you are a consumer, we may also reclaim your username for legitimate reasons, including for non-compliance with our Terms of Service, our Community Guidelines or the law. We may not reclaim your username for discriminatory reasons, such as nationality, place of residence or place of establishment. Depending on the circumstances and severity of the reason, Snap may also elect to terminate your access to the Services at the same time. You can find more information on our Support Site.

10. Choice of law and place of jurisdiction

If you are a consumer, the place of jurisdiction for any disputes between you and Snap will be determined in accordance with the jurisdiction of the district that your domicile, habitual residence or place of employment is located (as applicable). You will also enjoy the protection of any mandatory provisions of Austrian law which apply in addition to the governing law agreed in the Terms of Service.

11. Changes to this Addendum

We may unilaterally amend this addendum in accordance with the Terms of Service. This means that we will provide you with reasonable advance notice if those changes are material (unless such changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). We will also update the date at the top of this addendum to show when the latest changes became effective.

12. Final terms

If you are a consumer, the following provision within Section 23 of the Terms of Service shall not apply: "We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms."