Snap 001 User Manual

TERMS OF SALE

THIS DOCUMENT IS A BINDING
CONTRACT (the “Agreement”)
between you and Snap Inc. (“Snap
Inc.,” “we,” or “us”). It governs your
purchase of the enclosed Spectacles,
your use of our (and our licensors’)

software and firmware in the

Spectacles (“Licensed Software”),
and related matters. The Agreement
is comprised of these Terms;
the Spectacles Disclosures,
Warranty & Returns policy attached
to these Terms (“Disclosures”); and
Snapchat’s Terms of Service,
www.snapchat.com/terms (“TOS”).
The Disclosures and TOS are
incorporated by reference and are
to be read together with these Terms,
and you agree to operate the
Spectacles in accordance with the
instructions in the Disclosures. The
Spectacles are a “product” under the

TOS. In the event of a conflict among

components of the Agreement, the

order of precedence is, first, these

Terms of Sale; second, the Disclosures;

and third, the TOS.

IF YOU DON’T AGREE TO ALL TERMS
IN THE AGREEMENT, RETURN THE
SPECTACLES FOR A FULL REFUND IN
THE TIME STATED IN THE DISCLOSURES.
YOUR USE OF THE SPECTACLES WILL
CONSTITUTE YOUR ACCEPTANCE OF
THIS AGREEMENT IN FULL.

ARBITRATION NOTICE: THESE TERMS
CONTAIN AN ARBITRATION CLAUSE.
EXCEPT FOR CERTAIN TYPES OF
DISPUTES MENTIONED IN THAT
ARBITRATION CLAUSE, YOU AND WE
AGREE THAT DISPUTES BETWEEN US
WILL BE RESOLVED BY MANDATORY
BINDING ARBITRATION, AND YOU AND
WE WAIVE ANY RIGHT TO PARTICIPATE
IN A CLASS-ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.

1. Arbitration, Class Waiver, Jury Waiver.
a. Applicability.

All claims and
disputes, including all statutory claims
and disputes, arising out of or relating
to this Agreement or your use of the
product will be resolved by binding
arbitration on an individual basis,
except that you and we are not
required to arbitrate any dispute in

which either party seeks equitable
relief for alleged unlawful use of
copyrights, trademarks, trade names,
logos, trade secrets, or patents, and
either you or we may resolve disputes
in small claims court on an individual
basis where small claims court
proceedings are available.
b. Arbitration Rules. The Federal
Arbitration Act governs this dispute­resolution provision. Arbitration will
be initiated through the American
Arbitration Association (“AAA”). If
the AAA is not available to arbitrate,
the parties will select an alternative
arbitral forum. The rules of the
arbitral forum will govern all aspects
of arbitration, except to the extent

they conflict with this Agreement.

The AAA Consumer Arbitration Rules
are available online at www.adr.org
or by calling AAA at 1-800-778-7879.
The arbitration will be conducted
by a single neutral arbitrator. Any
claims or disputes involving less
than $10,000 USD may be resolved
through binding non-appear-

ance-based arbitration, at the
option of the party seeking relief.
For claims or disputes where the
amount sought is $10,000 USD
or more, the right to a hearing
will be determined by the arbitral
forum’s rules. Judgment on an
arbitral award may be entered in
any court of competent jurisdiction.
c. Non-appearance Arbitration. If
non-appearance arbitration is elected,
the arbitration will be conducted by
phone, online, written submissions,
or a combination of the three, at the
election of the party initiating
arbitration. The arbitration will not
involve personal appearance by
parties or witnesses unless the parties
mutually agree otherwise.
d. Arbitrator’s Authority. The arbitrator
will decide the arbitrator’s jurisdiction
and the rights and liabilities, if any, of
you and us. The dispute will not be
consolidated with any other matters
or joined with any other cases or
parties. The arbitrator will have
authority to grant motions dispositive

of all or part of any claim or dispute,
to award monetary damages, and to
grant any non-monetary remedy or
relief available to an individual under
applicable law, the arbitral forum’s
rules, and the Agreement. The
arbitrator will issue a written award
and statement of decision describing

the essential findings and conclusions

on which the award is based, including
calculation of any damages awarded.
The arbitrator has the same authority
to award relief on an individual basis
that a judge in a court of law would

have. The arbitrator’s award is final

and binding upon you and us.

e. Waiver of Jury Trial.

WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT
AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY.

YOU AND WE

You and we are
instead electing to have claims and
disputes resolved by arbitration.
Arbitration procedures are typically

more limited and more efficient than

rules applicable in court and are
subject to very limited review by a

court. In any litigation between you
and us over whether to vacate or
enforce an arbitration award,

AND WE WAIVE ALL RIGHTS TO A JURY
TRIAL

, and elect instead to have the

YOU

dispute resolved by a judge.

f. Waiver of Class or Consolidated

ALL CLAIMS AND DISPUTES

Actions.

WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST
BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL BASIS AND NOT ON
A CLASS BASIS. CLAIMS OF MORE
THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER
OR USER.

If, however, this waiver
of class or consolidated actions is
deemed invalid or unenforceable,
and notwithstanding anything else
to the contrary in this Agreement,
neither you nor we are entitled to
arbitration; instead all claims and
disputes will be resolved in a court as
set forth in Section 2 of these Terms.
g. Confidentiality. No part of the

procedures will be open to the public
or the media. All evidence discovered
or submitted at the hearing is

confidential and may not be disclosed,

except by written agreement of the
parties, pursuant to court order, or
unless required by law. Notwithstand­ing the foregoing, no party will be
prevented from submitting to a court
of law any information needed to
enforce this arbitration agreement,
to enforce an arbitration award, or
to seek injunctive or equitable relief.
h. Right to Waive. Any rights and
limitations set forth in this arbitration
agreement may be waived by the
party against whom the claim is
asserted. Such waiver will not waive
or affect any other portion of this
arbitration agreement.
i. Opt-out. You may opt out of this
arbitration agreement. If you do so,
neither you nor we can force the
other to arbitrate. To opt out, you
must notify us in writing no later than

30 days after first becoming subject

to this arbitration agreement. Your

notice must include your name and
address, your Snapchat username and
the email address you used to set up
your account (if you have one), and
an unequivocal statement that you
want to opt out of this arbitration
agreement. Send your notice to:
Snap Inc., ATTN: Arbitration Opt-out,
63 Market Street, Venice, CA 90291.
j. Small Claims. Notwithstanding the
above, either you or we may bring an
individual action in small claims court.

k. Arbitration Agreement Survival.

This arbitration agreement will
survive the expiration of the
Spectacles warranty and termination
of your relationship with us.
l. Modification. Notwithstanding any
provision in the Agreement, we agree
that if Snapchat makes any future
material change to this arbitration
provision, it will not apply to any
individual claim(s)of which you had
already provided us notice.

2. Exclusive Venue. To the extent the
parties are permitted under this
Agreement to initiate litigation in a

court, you and we agree that all claims
and disputes arising out of or relating
to the Agreement will be litigated
exclusively in small claims court, if
small claims court proceedings are
available for the dispute, or the U.S
District Court for the Central District
of California. If, however, that federal
court would lack original jurisdiction,
then all such claims and disputes will
be litigated exclusively in small claims
court (if available) or Superior Court
of California, County of Los Angeles.
You and we consent to the personal
jurisdiction of both courts.

3. Licensed Software Grant, Restric­tions, Waivers, & Disclaimers. We

grant you a personal, worldwide,
royalty-free, non-assignable,
non-exclusive, revocable, non-sub-li­censable license to use the Licensed
Software and accompanying
documentation (“Documentation”) 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 incorporated into
the Spectacles and for your personal
use. We may provide and you may
automatically download and install
upgrades, updates, or other new
features to the Licensed Software all
of which will be subject to the rights
and restrictions of this Section 3. You
may not, and will not allow any third
party to (or facilitate their ability to):
(i) alter, modify, adapt, translate,
reverse engineer, decompile, or
disassemble (except to the extent

applicable laws specifically prohibit

such restrictions) the Licensed
Software; (ii) attempt (a) to defeat,
avoid, bypass, remove, deactivate,
or otherwise circumvent any software
protection mechanisms in the
Licensed Software, including without
limitation any such mechanism used
to restrict or control the functionality
of the Licensed Software, or (b) to
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 or of the
Documentation; (iv) copy the Software
or Documentation; (v) remove any
proprietary notices or labels on the
Licensed Software or Documentation;
or (vi) use the Licensed Software in any
manner other than as embedded in
the Spectacles. None of the Licensed
Software may be downloaded,
exported, or re-exported in
contravention of applicable laws and
regulations. The Licensed Software is
licensed, not sold, hereunder. Title,
ownership rights, and IP rights in and
to the Software and Documentation
shall remain in (as applicable) Snap
Inc. and its licensors.

NONE OF SNAP INC., SNAP INC.’S
LICENSORS, OR THEIR RESPECTIVE
LICENSORS, MAKES ANY WARRANTY
OR REPRESENTATION, EXPRESS OR
IMPLIED, WITH RESPECT TO THE
LICENSED SOFTWARE, AND WITHOUT
LIMITING THE FOREGOING, EACH
EXPRESSLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS WITH RESPECT
TO THE LICENSED SOFTWARE.
(THE FOREGOING DOES NOT LIMIT
OUR OWN, SEPARATE WARRANTY
WITH RESPECT TO THE SPECTACLES
AS SET OUT IN THE DISCLOSURES.)
UNDER NO CIRCUMSTANCES
ANY OF SNAP INC., SNAP INC.’S
LICENSORS, OR THEIR RESPECTIVE
LICENSORS BE LIABLE TO YOU FOR
INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY
KIND. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.

4. Severability.

Subject to subsection 1.f of these

erms, if any provision of this

T
Agreement is found to be unenforce­able, then that provision will be
severed from this Agreement and not
affect the validity and enforceability
of any remaining provisions.

DISCLOSURES, WARRANTY & RETURNS

INDICATIONS FOR USE

Spectacles are for recreational use. Children
under 13 should not use the Spectacles.

WARNINGS – READ BEFORE USING

Flying. Spectacles contain lithium ion batteries,
and should not be placed in checked luggage

when flying.

Driving. Don’t use your Spectacles’ camera
while driving. Most states have laws that
regulate use of mobile devices while driving.
Please follow them!
Other medical devices. Spectacles contain
components that emit radio waves, which
could affect the operation of nearby electronics,
including medical devices such as cardiac
pacemakers, hearing aids, implantable

cardioverter defibrillators, and insulin pumps.

If you have those or another electronic medical
device, don’t use your Spectacles without first
consulting your doctor or the medical device’s
manufacturer. Stop using Spectacles if you
observe any interference with a medical device.
Pay attention! Using your Spectacles’ camera
may increase the time it takes to react to
hazards. Spectacles also contain a visible LED
light that may distract you. Pay attention to your
surroundings, and don’t use the camera in
situations that require your full attention, or
where distractions could put you or others in

harm’s way.
Avoid facial injuries. Your Spectacles’ lenses are
impact resistant and tested under ANSI Z80.3.
However, they aren’t indestructible, and they’re
not safety goggles. If you’re doing activities for

which eye protection is advisable, use certified

safety glasses.
Damaged Spectacles. If your Spectacles
become damaged, don’t wear or Snap with
them. Snapping with damaged Spectacles,
especially if any cables or wires are exposed,
could result in injury. Don’t try to repair your
Spectacles yourself. If they’re damaged, contact
support.spectacles.com.
Overheating. Your Spectacles shouldn’t
overheat or cause thermal discomfort during
normal use. If they do, stop using them and
contact our support team for assistance.
Electrical components. Your Spectacles contain
electrical components, so follow the same
precautions you would for any electrical device.

Don’t use them near open flames or electrical

sources, don’t submerge them in water, don’t
use them while the battery is charging, and don’t
use them if you see a leaking battery or battery
damage. Don’t try to modify any part of your
Spectacles. Use only the provided charger.

RETURN POLICY

If at any time within 30 days of purchase you’re

not 100% satisfied with your Spectacles, return

them to us for a refund. Any items damaged

due to reasons not covered under warranty are
not eligible for this refund. Any items purchased
from a source other than us or an authorized
retailer also are ineligible.
If we offer online purchase options, any shipping
fees you paid are not refundable.
Refund Process. Here’s how to obtain a refund:

1. Click on the “I Need Help” section of our
Support Page, support.spectacles.com, to
initiate the return process.

2. Package your Spectacles according to our
return shipment guidelines. Drop off your
package at a local FedEx facility; updated lists
can be found online.

3. Your card will be credited upon receipt of
the returned merchandise.
Limitation. We allow customers one exchange
per original purchase within our 30 Day Money
Back Guarantee where the product does not
fall under a warranty return.

ONE-YEAR LIMITED WARRANTY

Your Spectacles are covered by a one-year
limited warranty, backed up by complementary
technical online and phone support.

Who Is this Warranty From? Your Spectacles are
covered by a one-year limited warranty, backed
up by complementary technical online and
phone support.
Who Is this Warranty To? Snap Inc. issues this
Warranty to you, as a consumer who has

purchased a new, covered product from us or
an authorized retailer. The Warranty cannot
be assigned or transferred to any subsequent
purchaser or user and is not available for
products that were purchased from any source
other than Snap Inc. or an authorized retailer.

What Does this Warranty Do? This Warranty

gives you specific legal rights, and you may also

have other rights, which vary from state to state
and country to country. This Warranty does not
affect any rights you have under the laws in your
jurisdiction concerning the sale of consumer
goods (including, without limitation, national
laws implementing EC Directive 1999/44/EC).

What Does it Cover? This Warranty covers faulty
materials or workmanship in the hardware that
comprises your Spectacles. We warrant that
the hardware will be free from manufacturing
defects and, under normal and intended use,
function substantially in accordance with our
technical specifications or product documenta­tion (“Warranted Functionality”) during the
Warranty Period.

How Long Does Warranty Coverage Last? This
limited Warranty continues for one year from
the date of original purchase of your Spectacles
(the “Warranty Period”). However, if you
purchased your Spectacles in the EU, the
Warranty Period is two years.

What Will We Do? If your Spectacles are
defective or malfunctioning, we will replace or
repair them, using new or refurbished materials,
so that they perform substantially according to
the Warranted Functionality. We may replace or
repair at our sole discretion. If we replace your
Spectacles, we warrant that the replacement
pair will be free of faulty materials or
workmanship for a period of one year from the
original date of purchase of the defective pair
or 60 days after you receive the replacement
pair, whichever is later.

How to Obtain Warranty Service? First, tell
us about the problem. Please visit us at
support.spectacles.com to get helpful service
and contact information. If your Spectacles
need to be repaired or replaced, you’ll need to
return them to us. See the section below
entitled “WARRANTY REPAIR & REPLACEMENT
SERVICE INSTRUCTIONS” for instructions on
how to return the Spectacles. Once we receive
the Spectacles, we’ll determine if they have a
defect or malfunction covered by this Warranty.
If so, we’ll repair or replace them to provide the
Warranted Functionality, and we’ll send the
repaired or replacement pair to you at our cost.
We can’t guarantee that we’ll be able to repair
your Spectacles without risk to or loss of video
content, and we won’t transfer any content from
a returned pair to a replacement pair.
You should remove and separately store any

such content before returning your Spectacles.

What Does this Warranty Not Cover? Our
Warranty does not cover damage resulting
from accident, or from normal wear and tear.
Our Warranty does not cover damage resulting
from improper storage, misuse or abuse,
neglect including 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 document, our online
user manual, or related documentation.

Our Warranty does not cover normal depletion
of consumable parts such as batteries, unless
occurring due to a defect in original materials
or workmanship. As an example, only batteries
that exhibit fully charged capacity below 80%
of the actual rated capacity, or that leak, during
the warranty period will be considered defective
for purposes of the warranty.
Our Warranty does not cover products that
have been physically or electronically altered,

modified, undergone unauthorized repairs, or

exhibit third-party software changes.
Our Warranty does not cover software or

firmware embedded in or distributed with the

Spectacles, and we do not warrant that such

software or firmware will operate without error,

that it will be compatible with any third-party

hardware or software, or that content captured
or distributed through your Spectacles will not
be lost or corrupted.

Limitation of Liability.
WE DO NOT, UNDER THIS LIMITED WARRANTY,
ASSUME ANY LIABILITY FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, 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,
WE ARE NOT LIABLE FOR ANY ASSOCIATED
DATA LOSS OR CONSEQUENTIAL DAMAGES
OF ANY KIND.
FURTHER, IN NO EVENT WILL WE BE LIABLE
FOR ANY ACCIDENT, INJURY, DEATH, LOSS,
OR OTHER CLAIM RELATED TO OR RESULTING
FROM THE USE OF THIS PRODUCT. WE
SPECIFICALLY ADVISE YOU AGAINST USING
THE SPECTACLES IN A MANNER INCONSIS­TENT WITH THIS DOCUMENT, OUR ONLINE
USER MANUAL, AND OTHER ACCOMPANYING
DOCUMENTATION. IN NO EVENT WILL WE
BE LIABLE FOR DAMAGES IN EXCESS OF

THE PRODUCT PURCHASE PRICE.
Some states and countries do not allow the
exclusion or limitation of incidental or
consequential damages, so limitations or
exclusions in this Warranty 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 without limitation
applicable product liability and consumer
protection statutes. If any term herein is held
to be illegal or unenforceable under applicable
law, such term shall be severed from this
warranty and to the extent legally permitted,
the remaining terms shall not be affected.

WARRANTY REPAIR & REPLACEMENT
SERVICE INSTRUCTIONS

Please follow the instructions below if your
Spectacles are under warranty and have a
covered manufacturing defect.

Advance Exchange

If you would like to receive replacement
Spectacles immediately (and prior to us
receiving your current pair), we require a credit
card and proof of purchase. If we do not
receive the original item as described under
warranty within 30 days of the exchange being
initiated, your credit card will be charged for
the cost of the Spectacles we sent. If we receive

the original item but conclude it wasn’t eligible
for Warranty coverage, we’ll call you and give
you the choice to have your card charged for
the Spectacles we sent or to return them.

Follow the steps below for advance exchanges:

1. Click on the “I Need Help” section of our
Support Page, support.spectacles.com, to
initiate the exchange process.

2. You’ll be asked whether you want your
replacement Spectacles right away using an
advanced exchange, before we receive your
current pair. Answer yes. The page will give you
instructions to obtain a shipping label that you’ll
need to print out. This option will require proof
of purchase and a credit card.

3. Package your Spectacles according to our

return shipment guidelines. Affix the shipping

label. Drop off your package at a local FedEx
facility; updated lists can be found online.

Non-Advance Exchange

If you’d like to wait to receive your replacement
Spectacles until after we receive your current
pair and replace or repair them, follow the
same steps as above EXCEPT that at step 2
above, answer no. If you choose this option,
you won’t need to give us your credit card
information.

Spectacles Not Eligible for Refund or Warranty

If you bought your product directly from us,

you’re not satisfied with your purchase after
30 days or more, and your item does not fall
under our Warranty, we don’t support returns
or exchanges. Please still get in touch with us.
We want to hear what happened, and we want
to make sure your experience always is of the
highest caliber.

COMPATIBILITY & ATTRIBUTION
iPhone®. Made for iPhone means that an

electronic accessory has been designed to

connect specifically to iPhone, and has been
certified by the developer to meet Apple

performance standards. Apple is not
responsible for the operation of this device
or its compliance with safety and regulatory
standards. Please note that the use of this
accessory with iPhone may affect wireless
performance. iPhone is a trademark of Apple
Inc., registered in the U.S. and other countries.
Android™. Your Spectacles work with Android
mobile phones. The Android robot shown on

the packaging is reproduced or modified from

work created and shared by Google and used
according to terms described in the Creative
Commons 3.0 Attribution License.
Bluetooth®. The Bluetooth® word mark and
logos are registered trademarks owned by the
Bluetooth SIG, Inc. and any use of such marks
by Snap Inc. is under license.

FCC DISCLOSURES

This device complies with Part 15 of the FCC

Rules. Operation is subject to the following
two conditions: (1) this device may not cause
harmful interference, and (2) this device must
accept any interference received, including
interference that may cause undesired

operation. Changes or modifications to this

device not expressly approved in this
document may void the user’s authority to
operate the device.

NOTE: This equipment has been tested and
found to comply with the limits for a Class B
digital device, pursuant to Part 15 of the FCC
Rules. These limits are designed to provide
reasonable protection against harmful
interference in a residential installation. This
equipment generates, uses, and can radiate
radio frequency energy and, if not installed
and used in accordance with the instructions,
may cause harmful interference to radio
communications. However, there is no
guarantee that interference will not occur in
a particular installation. If this equipment does
cause harmful interference to radio or television
reception, which can be determined by turning
the equipment off and on, the user is
encouraged to try to correct the interference
by one or more of the following measures:
— Reorient or relocate the receiving antenna.
— Increase the separation between the
equipment and receiver.
— Connect the equipment into an outlet on a

circuit different from that to which the receiver
is connected.
— Consult the dealer or an experienced
radio/TV technician for help.

FCC ID: 2AIRN-001

LEGAL