We’ve drafted this User Agreement (which we call the “Agreement”), so you’ll know the rules that govern your subscription to the features and functions of the Spectacles software service (the “Service”), including any Updates (defined below) thereto. Ancillary to the Service, we will make available the Spectacles hardware product (“Device”) for your use in connection with the Service.

Please read this Agreement carefully.  By enrolling in a subscription to and using the Service, you’re agreeing to be bound by this Agreement. 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 LLC (if you live in the United States or Canada) or Snap Group Limited (if you live outside the United States or Canada). Both of these entities are referred to as “Snap“ in this Agreement.

This Agreement incorporates by reference our Snap Terms of Service. The subscription Service is a “Service” as defined in the Snap Terms of Service, which among other things, means your use of the Service is subject to the disclaimers and limitations of liability in our Snap Terms of Service. Please also review our Privacy Policy and our Spectacles 2024 Supplemental 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 those policies. To the extent this Agreement conflicts with our Snap Terms of Service or any other agreement expressly incorporated above or any written insert included in the packaging with the Service, and unless provided otherwise under any applicable law, statute, rule or regulation (collectively, “Applicable Law”), this Agreement governs but only with respect to your use of the Service and not other Snap “Services” as defined in the Snap Terms of Service.

You affirm that you are competent, are at least 18 years old, and are authorized to agree to and abide by this Agreement.

If you use the Service 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.

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 SNAP TERMS OF SERVICE, 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.

IF YOU LIVE OUTSIDE THE UNITED STATES, THERE MAY BE SOME ADDITIONAL PROVISIONS THAT APPLY TO YOUR AGREEMENT WITH US.  PLEASE REFER TO SECTION 13 AT THE END OF THE AGREEMENT FOR ANY COUNTRY-SPECIFIC PROVISIONS. THE PROVISIONS OF THIS AGREEMENT DO NOT AFFECT STATUTORY RIGHTS YOU MIGHT HAVE UNDER THE LAWS IN THE COUNTRY WHERE YOU LIVE.

You may sign up for a subscription to use the Service, and during your Subscription Term (as defined below), a Device will be made available to you solely in connection with your use of the Service. Snap will remain the owner of each Device. You will not own, or have the right to use, the Device separate and apart from the use of the Service. You may not at any time: (a) make the Device available for sale or lease; (b) grant any third party any right to use, possess or control the Device; (c) attempt to dispose of, give away, or abandon, any Device; or (d) lease, sell or grant any interest or right in the Device to any third party, in each case, without our prior written consent. PLEASE NOTE: In order to access and use the features and functions of the Device, you will need to have an active subscription to use the Services.  In the event your subscription expires or is terminated for any reason, the Device may be non-functional or its use may be significantly degraded.

a.          Third-Party Equipment. You are solely responsible for verifying the compatibility of the Device with other applicable equipment. We will not be liable to you (to pay a refund or otherwise) if your equipment is not compatible with the Device. Also keep in mind that you’ll need to have a Snapchat account to log in and use the Service and Device, and that your access and use of your Snapchat account with the Service is governed by the Snap Terms of Service. Snap’s obligations only apply to the Device that Snap provides to you with your subscription to the Service. We are not responsible for any loss of data or damage to the Device if you use it 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 Device.

b.          Safety Warnings. We or our manufacturing partners may provide you with certain safety warnings, information, manuals, guidelines and product inserts (collectively, the “Safety Warnings”) for the Service or Device that address the particular safety measures that you must follow when using the Service or Device. When followed, Safety Warnings are intended to reduce risks of personal injury, discomfort, and property damage, but are not a guarantee against such injury, discomfort or damage. Only operate the Device after you have a clear understanding of the Safety Warnings and do not let others use or interact with the Device unless they have also been made aware of and agree to the Safety Warnings.

c.          License Grant. During the Subscription Term, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, non-sublicensable license to use any software or firmware installed on the Device  (“Licensed Software”) on the following terms (and this license terminates automatically if you fail to comply with the restrictions set forth in this license grant):

You may use the Licensed Software solely as included in the Device and for your personal or internal business use.

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 agree that you will not, and you will not allow any third party to (or authorize or facilitate their ability to), engage in any of the following without our prior written consent or except as expressly permitted by Applicable Law: (a) alter, modify, adapt, translate, reverse engineer, decompile, or disassemble the Licensed Software or Device (except to the extent any Applicable Law specifically prohibits such restrictions); (b) attempt to (i) defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Licensed Software or Device, including any such mechanism used to restrict or control the functionality of the Licensed Software or Device; or (ii) derive the source code or the underlying ideas, algorithms, structure, or organization from the Licensed Software or Device; (c) create derivative works based on the Licensed Software or Device, or any portion thereof; (d) copy the Licensed Software or Device; (e) remove any proprietary notices or labels on the Device; and (f) use, download, export, or re-export the Licensed Software in any manner other than as included in the Device or in a manner that otherwise violates Applicable Law.

You agree that we are not responsible for any loss, alteration, unavailability or corruption of, or any unauthorized access to or disclosure or use of, any data arising from, or related to, any alteration, modification, disassembly, reverse engineering or other unauthorized use of the Device or the Licensed Software by any person or entity, other than Snap and its authorized agents.

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 is licensed, not sold, under this Agreement. Title, ownership rights, and intellectual property rights in and to the Device and Licensed Software remain with (as applicable) us and our licensors and affiliates. Snap reserves all rights not expressly granted in this Agreement.

d.          Updates. During the Subscription Term (as defined below), 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 Device and Service. 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. Except as provided in Section 5 below, Snap does not have any maintenance or support obligations with respect to the Device.  You also acknowledge that failure to install Updates may render the Device or Service non-functional or with degraded functionality.

e.          Spectacles Companion App. You will need to download the Spectacles companion mobile application (the “Spectacles App”). The Spectacles App is considered a “Service” under the Snap Terms of Service, and your access to and use of the Spectacles App will at all times be subject to the Snap Terms of Service.

a. Orders, Subscription Term, Pricing, and Shipping

i.           Orders. After you submit your order for a subscription to the Service, we’ll process it and, if your order is accepted, we’ll send you an order confirmation email to the email address you provided. That email will include an estimated shipping date. We may need to carry out verifications before accepting your order. If you have any questions or notice an error in an order you’ve submitted, please contact us at support@spectacles.com. All orders are subject to availability of stock. We reserve the right any time to reject or cancel your subscription sign-up (including after our confirmation of your subscription).

ii.         Subscription Term. You will be charged the monthly subscription fee stated on the checkout page when you agreed to your subscription each month (or other payment frequency stated on your checkout page when you agreed to your subscription) for your subscription (“Subscription Fee”).  Your subscription will begin on your subscription order date and will continue until canceled by you after the Commitment Period (as defined below), or by us at any time (the “Subscription Term”).

iii.        Commitment Period. Your subscription includes an initial Commitment Period of 12 months (or other such Commitment Period stated on your checkout page when you agreed to your subscription) (“Commitment Period”). For example, this means that if your Commitment Period is 12 months, then in addition to the initial payment you make at checkout for the first month of your subscription, you are committing to make 11 more payments for the next 11 months of your subscription (unless you have chosen a different payment frequency stated on your checkout page when you agreed to your subscription), for a total Commitment Period of 12 months.  YOU CANNOT CANCEL YOUR SUBSCRIPTION TO AVOID BEING AUTOMATICALLY CHARGED FOR THE RENEWALS DURING YOUR COMMITMENT PERIOD.

iv.        Automatic Renewal and Monthly Charges. UNLESS YOU CANCEL BEFORE THE END OF YOUR COMMITMENT PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ANOTHER MONTH AT THE END OF THE COMMITMENT PERIOD AND WILL CONTINUE MONTH TO MONTH UNTIL YOU CANCEL.  Until (1) your Subscription Term is canceled or terminated ends or (2) your Commitment Period ends and you have canceled, you will be automatically charged each month (or other payment frequency stated on your checkout page when you agreed to your subscription) for another subscription period. You can cancel your subscription by selecting the cancellation option found on your Spectacles service account page or by selecting the auto-populated email option on the Support Page or by emailing us at support@spectacles.com requesting cancellation of the subscription.  If you cancel during your Commitment Period, you will still be charged each month left in your Commitment Period, but your subscription will end at the end of your Commitment Period or, if you have already paid for the Commitment Period up front, you will not receive any refund, but the subscription will end after the Commitment Period. 

v.          Cancellation After Commitment Period. If you cancel after your Commitment Period, your subscription will continue until the end of the subscription period during which you canceled and you will not receive a partial refund for that period, but your subscription will not renew for a further period.  However, following your Commitment Period, you must cancel at least 4 days before the end of the current subscription period in order to avoid the next renewal and charge. 

vi.        Pricing & Service Descriptions. We may in our sole discretion change Service and subscription prices prospectively without notice. For clarity, any pricing changes will not affect any then-active subscription. While we do our best to describe the Service as accurately as possible, if any pricing or specification error occurs, we have the right to refuse or cancel your order at our sole discretion at any time prior to order confirmation (or later if the error is obvious). Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

vii.      Shipping. We offer delivery of the Device to valid addresses within the country where the subscription was entered into. Estimated shipping dates are not guaranteed and the actual shipping date will depend on a variety of factors. You’ll need to provide us with your shipping address when you submit your order. We’re not responsible for any errors in what you submit, and we are not obliged to determine correct shipping information if what you’ve submitted is not correct. Please carefully review the shipping address in your order before you submit it, and notify us of errors or omissions as soon as possible. Risk of loss for any Device you order from us transfers to you as soon as we deliver the Device to the carrier.

b.          Payment, Cost, Fees, and Taxes

i.           Payment Methods. Before you can start your subscription, you will be required to provide us or our third-party payment processor with a valid payment method and associated payment information that you are authorized to use. By submitting that information to us or our third-party payment processor, you authorize us or the payment processor (as applicable) to charge your card or other payment method when you submit your order and on a monthly (or other payment frequency stated on your checkout page when you agreed to your subscription) recurring basis for the Subscription Fee until your subscription expires, is canceled or is terminated in accordance with this Agreement. By submitting your order, you are also authorizing us to charge your card for the lost or damaged Device fee stated on your checkout page when you agreed to your subscription (“Lost or Damaged Product Fee”) if you lose or damage the Device.

ii.         Cost, Fees, and Taxes. Please confirm that all details of your purchase are correct before submitting your order. If your order is subject to sales taxes, value added taxes or other governmental fees, this will be included in the price displayed at checkout. When you submit your order, you agree to pay us the initial monthly Subscription Fee, along with any delivery charges, taxes and fees as stated in the checkout page. Failure to pay us those costs will result in cancellation of your order.  If your original payment method is declined when payment for a monthly Subscription Fee is requested, your subscription may be terminated or suspended until you pay. You agree to pay all taxes, fees and charges incurred in connection with your purchase at the rates in effect when the charges were incurred. For example, if you purchase with a payment card issued through a bank based outside the territory where you make your purchase, your bank may charge you foreign transaction fees and other similar fees. Your payment will be processed before the Service is made available or any Device is sent for delivery. You authorize us or our third-party payment processor to store your payment card information to charge your payment method and handle refunds in connection with your order. If we do not receive payment from your payment card or other payment method issuer or their agents, you remain obliged and agree to pay all amounts due upon request from us or our agents.

iii.        Account Codes/Credits. At our discretion, we may on occasion provide a code or credit in an amount determined by us, which may be subject to additional terms and restrictions that we will provide to you. You agree that any codes and credits: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service or otherwise); (d) may be disabled or have additional conditions applied to them by us at any time for any reason; (e) may only be used pursuant to the specific terms established by us; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

iv.        Other Payment Terms. Your agreement with your payment card issuer governs your use of your designated card to make a purchase hereunder, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. If you elect to pay through a third-party provider made available on the checkout page, then your purchase is also subject to the third-party provider’s terms and conditions. You may be responsible for paying unauthorized amounts billed to your payment method by a third party.

c.          Communications from Us. We may send you emails about your order, including about status, payment processing, refunds, and any changes, updates, or cancellations to your order. We may also send you emails about the Service and Device or, unless prohibited by Applicable Law, our other products and services. By submitting your order, you consent to receive the email communications described in this Agreement from us and our affiliates unless prohibited by Applicable Law. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that they be in writing.

d.          Our Right to Cancel. We reserve the right to decline or cancel your subscription to the Service at any time at our sole discretion. Without limiting the foregoing, we may need to decline or cancel your order or subscription to the Service, for example, if the Device to be provided with the Service is no longer available, if there is a pricing error, if you live in an area or at an address where we cannot or do not deliver the Device or Service, or if we suspect you of acquiring subscriptions to the Service in order to sell the Service or Device. If we decline or cancel your order, we’ll notify you at the email address you submitted with your order and, if we have already received payment from you for the canceled order, (i) in the event we have not yet shipped a Device to you, we will refund the amount we collected from you, and (ii) in the event we have already shipped a Device to you, we will refund the amount we collected from you following our receipt of the Device in its original packaging with all materials that were originally provided with the Device. In the event you do not return the Device in accordance with Section 2(e) within thirty (30) days of your receipt thereof, Snap may invoice your account separately for the Lost or Damaged Product Fee.

e.          Duties Upon Termination of Service

In the event your subscription expires or is terminated for any reason, the Device may be non-functional or its use may be significantly degraded. Upon expiration or termination of the Subscription Term, you will need to return the Device and all materials that were originally provided with the Device back to Snap within thirty (30) days of expiration or termination, as applicable.  If you do not return the Device within the applicable thirty (30) day period, or the Device is deemed by Snap to be damaged upon return (ordinary wear and tear excepted), Snap may invoice your account separately for the Lost or Damaged Product Fee.

a.          You represent and warrant that: (a) your use of the Service and Device will comply with all Applicable Law; (b) you have read, understand, and will follow all Safety Warnings; and (c) you will not misuse the Service or Device and only use the Service and Device as permitted under this Agreement.

b.          If you have signed up for the subscription, you represent and warrant that: (a) all information you have provided to us in connection with your order is accurate and complete; and (b) you will not use any payment card or other form of payment in connection with the subscription unless you have all necessary legal authorization to do so.

c.          Each party shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply under the laws of the country in which the parties are based. For parties in the U.S., this includes the Export Administration Regulations (EAR) and the economic sanctions programs implemented by the Office of Foreign Assets Control (OFAC).  You acknowledge that: (a) the transfer directly or indirectly of a Device contrary to United States law or any other Applicable Law is prohibited; (b) you are not a Restricted Party or located in a Restricted Country; (c) you are not controlled by or acting on behalf of any Restricted Party or anyone headquartered or located in a Restricted Country; and (d) neither you nor any of your employees, agents or contractors will transfer or allow any Device to be transferred to a Restricted Party or Restricted Country.  You shall not sell, export, re-export, transfer, divert, or make available the Device to an end user or end use specified in 15 C.F.R. Part 744 of the EAR, including but not limited to the design, production, or use of nuclear, missile, or chemical and biological weapons activities or systems.

i.           “Restricted Party” means any person or entity that is: (a) listed on any of the lists of persons or entities maintained by the United States government or any other applicable government that prohibit such persons or entities from receiving exports or services; (b) owned 50% or more by one or more parties on an OFAC list; (c) a national or resident of, or an entity or governmental authority in a Restricted Country; ​​or (d) a prohibited party identified on any other government export exclusion list or a member of a government of any Restricted Country.

ii.         “Restricted Country” means any country or territory that is or becomes subject to comprehensive OFAC or other government sanction control programs or prohibited from receiving Devices under applicable export controls (including, but not limited to, Belarus, Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Luhansk People’s Republic, and Donetsk People’s Republic regions of Ukraine, and any other export-prohibited countries as identified in Applicable Laws).

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 Service or Device, including any Licensed Software; (b) your violation or alleged violation of any laws in connection with your use of the Service or Device, including any Licensed Software; (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.

a.          During the Subscription Term, in the event any Device provided to you is rendered non-functional due to defects in materials and workmanship or fails to function substantially in accordance with any product documentation or materials provided, Snap will, following receipt of proper notice from you and as your sole and exclusive remedy, (in Snap’s sole discretion) either replace the Device, or request that you return the Device, in which case Snap will refund any prepaid Subscription Fee amounts on a prorated basis for periods that have not already commenced. If Snap requests that you return the Device and you do not do so within thirty (30) days, Snap may invoice your account separately for the Lost or Damaged Product Fee.

b.          Snap’s obligation under this Section 5 does not cover the following: (a) damage resulting from accidents or from normal wear and tear; (b) damage resulting from improper storage, misuse,  abuse or neglect, including, without limitation, scratches, cracks, or surface damage, or exposure to extreme conditions including extreme heat, dirt, or sand (“misuse” includes, without limitation, use in a manner or environment not in compliance with the recommendations in this Agreement, our online user manual, safety instructions, or other related documentation); (c) damages resulting from use in other improper conditions; (d) normal depletion of consumable parts such as batteries, unless occurring due to a defect in original materials or workmanship; and (e) any Devices that have been physically or electronically altered, modified, undergone unauthorized repairs, or exhibit third-party software changes.

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

THE SNAP PARTIES ASSUME NO LIABILITY FOR ANY 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 OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE EVENT OF A DEVICE REPLACEMENT, THE 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, THE SNAP PARTIES ASSUME NO LIABILITY FOR ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE MISUSE OF THE SERVICE OR DEVICE, INCLUDING THE LICENSED SOFTWARE. WE SPECIFICALLY ADVISE YOU AGAINST USING THE SERVICE OR DEVICE IN A MANNER INCONSISTENT WITH THIS AGREEMENT, OUR SAFETY WARNINGS AND ANY OTHER ACCOMPANYING DOCUMENTATION. IN NO EVENT WILL THE SNAP PARTIES’ LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU.

Some states, provinces 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 Snap Terms of Service.

ARBITRATION NOTIFICATION: EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION PROVISION OF OUR SNAP 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 Snap Terms of Service, which REQUIRES YOU AND SNAP TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you use the Service or Device or pair your Service or Device to Snapchat on behalf of a business, the Arbitration provision of our Snap 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 section of this Agreement to understand when the new Agreement becomes effective. You will be bound by the version of the Agreement in effect when you sign up for a subscription to the Service or first used the Service, 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 Service or Device (including any Licensed Software) failure if the delay or failure arises from any force majeure event or any cause which is beyond our reasonable control.

The Services incorporate certain third party Application Programming Interfaces (APIs). By agreeing to this Agreement you agree to the YouTube Terms of Service and the Google Terms of Service.

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

b.          No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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.          Users who choose to access the Services from locations outside the country in which we deliver the Device do so at their own initiative and are responsible for compliance with applicable local laws in that location.

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

We welcome comments, questions, concerns, or suggestions by reaching out to us at 3000 31st Street, Santa Monica, California 90405, U.S.A. if you live in the United States and Canada, or Snap Group Limited, at 50 Cowcross Street, Floor 2, London, EC1M 6AL, United Kingdom, if you live outside the United States and Canada.

We always love to hear from you. 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.