ARBITRATION NOTICE: IF YOU LIVE IN THE UNITED STATES OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN THE UNITED STATES YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE SNAP INC. TERMS OF SERVICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US OR YOU AND OUR SERVICE PROVIDERS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AS SET FORTH IN THE SNAP INC. TERMS OF SERVICE, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION PROVISION.   

IF YOU ARE USING THE SERVICES ON BEHALF OF A BUSINESS AND YOUR PRINCIPAL PLACE OF BUSINESS IS OUTSIDE OF THE UNITED STATES, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION PROVISION THAT APPEARS IN THE SNAP GROUP LIMITED TERMS OF SERVICE.

Introduction

These Snap Cloud Terms form a legally binding contract between you and the Snap entity listed below (“Snap”), and govern your access to and use of Snap Cloud, including any content you process or generate on or using Snap Cloud, or that you otherwise store, upload, or make available to Snap Cloud (“Cloud Content”). Snap Cloud also includes any API(s), plug-ins, software, software development kits, or other technologies made available to you in or via Snap Cloud by Snap or its or its affiliates’ licensors or service providers. Snap Cloud is part of Snap’s “Services” as defined in the Snap Terms of Service. For the purposes of these Snap Cloud Terms, “Snap” means: 

• Snap Inc., if you live in or your principal place of business is located in the United States;

• Snap Group Limited Singapore Branch, if you live in or your principal place of business is located in the Asia-Pacific region; or

• Snap Group Limited, if you live or your principal place of business is located anywhere else in the world.

These Snap Cloud Terms incorporate by reference the Snap Terms of Service, Community Guidelines, and Lens Studio Terms, and any other applicable terms, guidelines, and policies. To the extent these Snap Cloud Terms conflict with any other terms, these Snap Cloud Terms will control with respect to your access to and use of Snap Cloud. Capitalized terms not otherwise defined in these Snap Cloud Terms shall have the meanings set forth in the Snap Terms of Service, Community Guidelines, or Lens Studio Terms, as applicable.

If you are acting on behalf of an entity, you must have the authority to bind such entity. All references to “you” and “your” in these Snap Cloud Terms will mean both you as the end user and that entity.

1. Using the Services

You must: (a) have an account on the Services to use Snap Cloud and must access Snap Cloud and Cloud Content solely using the methods made available by Snap via the Services; (b) use Snap Cloud (including, without limitation, any insights we make available to you in connection with your use of Snap Cloud) solely in connection with delivering Lenses to users of the Services and not for any other purpose; (c) not make available to Snap Cloud, or use Snap Cloud to store, process, generate, upload, send, distribute, make available or access, any content which is not necessary for the purpose of delivering Lenses to users of the Services; (d) not download, export, or otherwise remove any Cloud Content you process or generate from the provision of Lenses via Snap Cloud; (e) not circumvent or attempt to circumvent any technical restrictions within Snap Cloud or the Services, including in connection with the availability and interoperability of external end points or content (including data) sources; (f) not use Snap Cloud to access the Services or the accounts, devices, or content of other users of the Services except as expressly authorized in these Snap Cloud Terms; and (g) comply with any technical requirements and developer documentation made available by Snap in connection with your use of Snap Cloud. References to “Lenses” in these Snap Cloud Terms and the Lens Studio Terms shall include any other AR, XR, VR-enabled experiences that Snap permits you to make available to other users via the Services.

2. Limits on Use and Availability

a. We reserve the right to set storage limits for your Cloud Content and other restrictions on your use of Snap Cloud (for example, number of API or end connection calls). We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. You must not exceed any such technical limitations or restrictions.  

b. Without limiting our disclaimers in the Snap Terms of Service, we and our service providers don’t guarantee or warrant the security, availability, or accessibility of the Services or your Cloud Content and your use of, or reliance on, any tools and automated technologies and processes we make available in connection with your use of Snap Cloud or the security of your Cloud Content is at your own risk. We and our affiliates, and our and their service providers will not be responsible or liable to you or any third parties in the event that your Cloud Content is subject to any breach, unauthorized access, damage, corruption, loss, or removal. 

c. We make no promise that the Services will be able to accommodate your precise storage needs. We reserve the right to prohibit certain types of content from being eligible for use with the Services, and we may change these limits and prohibitions from time to time in our sole discretion and we may not provide you with any notice beforehand. 

d. You acknowledge that, Snap, its affiliates, and its service providers (as applicable) own all right, title, and interest, including all intellectual property rights, in and to Snap Cloud.

3. Your Cloud Content and Assets

a. The Services enable you to generate and store Cloud Content through the use of Snap Cloud and provision of Lenses to other users of the Services. You grant Snap and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, analyze, transmit, and distribute your Cloud Content. This license is for the purpose of operating, providing, and improving the Services. This license includes a right for us to make your Cloud Content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing and improving such Services. 

b. Without limiting our disclaimers in the Snap Terms of Service, you agree that neither Snap nor any of our affiliates, nor any of our or their service providers are responsible or liable for any claims or losses based on or arising from your Assets or any Cloud Content, whether within the Services or beyond. While we’re not required to do so, without limiting the Snap Terms of Service, we may access, review, screen, and delete your Cloud Content at any time and for any reason, including to provide the Services, if we think such content violates these Snap Cloud Terms or any applicable laws, rules, and regulations, or if necessary to carry out our obligations in the Snap Cloud Data Processing Addendum (if applicable). You alone, though, remain solely responsible for your Cloud Content and for ensuring its compliance with the Community Guidelines.

4. Personal Data

a. If your Cloud Content includes User Personal Data, Snap will process that User Personal Data in accordance with the Snap Cloud Data Processing Addendum, subject to the technical, organizational, and physical measures as further described in the Snap Cloud Data Processing Addendum. “User Personal Data” has the meaning given to it in the Snap Cloud Data Processing Addendum.

b. You understand that Snap collects, processes, and stores certain personal data via the Services about users who engage with your Lenses. That information does not constitute User Personal Data, and nothing in these Snap Cloud Terms (or those incorporated herein) limits our ability to collect, retain, use, process, or disclose that information in accordance with our Privacy Policy. For purposes of these Snap Cloud Terms, “personal data,” “data subject,” “processing,” “controller,” and ”processor,” have the meanings given in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), irrespective of the location of the data subject, controller, processor or processing.

c. You will comply with all applicable data protection laws in connection with your provision of Lenses and use of Snap Cloud. If your Lenses collect and process information or content, whether saved on the device or stored on Snap Cloud, from users’ cameras or microphones (including but not limited to recordings, images, voice or speech captures) or other sensitive information from a users’ device (such as precise geolocation), you shall also obtain express, informed consent from users prior to collection. You shall maintain records of all user consents obtained, including the date, time, method of consent, and the specific information presented to the user at the time consent was obtained. You shall process personal data solely in accordance with the specific purposes for which consent was obtained. Any processing beyond the scope of the consent obtained shall require new, specific consent from the user. Upon our written request, you shall promptly provide sufficient information to demonstrate compliance with this provision and all applicable data protection laws. 

d. If your Cloud Content contains any personal data, including, without limitation, personal data that you upload to Snap Cloud or generate from the delivery of Lenses to users of the Services, then you represent and warrant that: (i) unless otherwise contemplated under these Snap Cloud Terms or as otherwise permitted by Snap in writing, the personal data will not contain any sensitive information or special category data (as defined in Data Protection Law) including any information that is based on, or includes: (aa) an alleged or actual commission of a crime; or (bb) information about user's financial status, health, racial or ethnic origin, religious beliefs or preferences, sex life or sexual preferences or trade union membership; (ii) you have secured, and will maintain, all necessary rights, licenses and consents required to process the personal data and for the personal data to be used in accordance with the Snap Cloud Terms, including from all data subjects whose data is included in personal data; (iii) you will provide sufficient notice to each data subject in compliance with all applicable data protection laws that the data subject's information collected by you or your agents may be shared with and used by third parties for the purposes specified under the Snap Cloud Terms; (iv) in jurisdictions that require informed consent for storing and accessing cookies or other information of a data subject (including the European Union), you must ensure, in a verifiable manner, that each data subject provides you with the necessary consent before you use the Services to process personal data in connection with that data subject; (v) you will promptly notify Snap of any actual or threatened complaint relating to personal data processed via Snap Cloud, and you will reasonably cooperate with Snap, at your expense, in responding or defending against any such complaint; and (vi) other than personal data collected via your Lenses, your Cloud Content will not contain any information collected from or about individuals that 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 an individual is lawful under applicable data protection laws). Snap may request further information in connection with your compliance with this Section.  

e. Snap may collect diagnostic, technical, usage, and related information from your use of Snap Cloud for Snap’s own business purposes including operating, delivering and maintaining the Services, developing and improving the algorithms and machine learning models that make our Services work (including through generative AI models), performing analytics in order to identity, monitor, and analyzing trends and usage and to enhance the safety and security of our Services.

5. Modifying the Services

We may add or remove features, products, or functionalities, to, or stop the provision of, Snap Cloud in accordance with the Modifying the Services provision of the Snap Terms of Service.

6. Termination and Suspension.

We may restrict, terminate, or temporarily suspend your access to the Services or terminate these Snap Cloud Terms or impose new or additional limits on your ability to use our Services in accordance with the Termination and Suspension provision of the Snap Terms of Service.

7. Your Representations and Warranties

a. In addition to your representations and warranties under the Snap Terms of Service and the Lens Studio Terms, you represent and warrant that: (i) you have all rights and any necessary consents to: (aa) provide, generate, process, and store the Cloud Content in connection with the Services; and (bb) license the Cloud Content to Snap and our affiliates as set forth herein; (ii) the Cloud Content does not violate these Snap Cloud Terms or our Community Guidelines; (iii) the Cloud Content does not, and its use in connection with the Services will not, violate, misappropriate, or infringe any patent, copyright (including music copyright rights, such as master, synchronization, or public performance rights), trademark, privacy, or publicity rights, or any other rights of any person or entity; (iv) the Cloud Content and your use of the Services will comply with all applicable laws, rules, and regulations; and (v) the Cloud Content does not, and will not, defame, bully, cause injury or harm to, or inflict emotional distress on, any third party.

b. If you are using Snap Cloud (including making Cloud Content available to Snap Cloud, or providing, generating, or processing any Cloud Content) on behalf of a business, you further represent and warrant that you are an authorized representative of the business with the authority to bind the business to these Snap Cloud Terms and agree on behalf of the business to be bound by these Snap Cloud Terms.

8. Your Indemnification to Us

In addition to your indemnification obligations under the Snap Terms of Service, 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) Snap’s use of Cloud Content (or any part thereof) as permitted hereunder; (b) your Cloud Content, use of the Services and your activities in connection with the Services and any Cloud Content; (c) your violation or alleged violation of any laws, rules, and regulations in connection with your use of the Services or any Cloud Content or your activities in connection with the Services or any Cloud Content; (d) any claim that any Cloud Content infringes, violates, or misappropriates any copyright, trademark, trade secret, design right, trade dress, patent, publicity, privacy, or other right of any person or entity; (e) your use of products, services, data, content, or technology provided by a third party in connection with the Services, even if recommended or approved by Snap; (f) any fraud or misrepresentation by you; or (g) any violation or alleged violation of these Snap Cloud Terms by you, including any actual or alleged breach of your representations, warranties, or obligations.

9. Limitation of Liability

YOU AGREE THAT THE DISCLAIMERS AND LIMITATION OF LIABILITY IN THE TERMS OF SERVICE APPLY TO YOUR USE OF SNAP CLOUD, EXCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGREGATE LIABILITY OF SNAP, OR OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, OR SERVICE PROVIDERS, FOR ALL CLAIMS RELATING TO SNAP CLOUD (HOWEVER CAUSED; WHETHER IN CONTRACT, TORT, (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION, MISREPRESENTATION OR OTHERWISE) EXCEED $500 USD.

Your use of technology, products, or services provided by a third party in connection with Snap Cloud is at your own risk and is subject to the third party’s terms. To the fullest extent permitted by law, Snap and its affiliates, and its and their service providers are not responsible or liable for any damages or losses incurred by you as a result of your use of such technology, products, or services.

Nothing in these Snap Cloud Terms will exclude or in any way limit a party's liability for fraud, death or personal injury caused by its gross negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.

10. Final Terms

We may need to update these Snap Cloud Terms from time to time. If those changes to these Snap Cloud Terms are material, we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). If you continue to use Snap Cloud once the changes come into effect, we will take that as your acceptance. If at any time you don't agree to any changes to these Snap Cloud Terms, you must stop using Snap Cloud and delete your Cloud Content. You can determine when these Snap Cloud Terms were last revised by referring to the “Effective” date at the top. You agree that Snap’s affiliates and its service provider for Snap Cloud, Supabase PTE Ltd., are intended express third-party beneficiaries of, and in such capacity shall be entitled to rely upon and directly enforce, the specific provisions of these Snap Cloud Terms that expressly reference them (for such service provider, these are the applicable parts of Sections 2, 3, and 9 of these Snap Cloud Terms). These Snap Cloud Terms do not otherwise create or confer any third-party beneficiary rights. Nothing in these Snap Cloud Terms will be construed to imply a joint-venture, principal-agent, or employment relationship between you and Snap or Snap’s affiliates. If we do not enforce a provision in these Snap Cloud Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. These Snap Cloud Terms were written in English and to the extent any translated version of these Snap Cloud Terms conflicts with the English version, the English version will control. If any provision of these Snap Cloud Terms is found unenforceable, then that provision will be removed from these Snap Cloud Terms and will not affect the validity and enforceability of any remaining provisions. Sections 2, 3, 6, 7, 8, 9, and 10 of these Snap Cloud Terms, and any provisions that by their nature are intended to survive, will survive expiration or termination of these Snap Cloud Terms.

11. Contact Us

If you have any questions about these Snap Cloud Terms, just contact us.