Terms of Service

Effective: September 8, 2026

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the Snap Audition software platform ("Service"), provided by Blink Session LLC ("Snap Audition," "we," "us," or "our"). By using the Service, you ("Customer," "you," or "your") agree to these Terms.

2. Software Services

This Agreement provides Customer access and use of Snap Audition's internet-based services as specified on the electronic or written order between the parties. Use of the Service is also governed by Snap Audition's Privacy Policy, which is incorporated herein by reference.

3. Use of Services

a. Snap Audition Responsibilities

• Availability: Snap Audition will make commercially reasonable efforts to maintain uptime of 99% availability on an annual basis, excluding planned maintenance (with at least 48 hours' notice) and force majeure events.
• Equipment and Software: Snap Audition provides support for:
  • Operating Systems: Windows 10+, macOS 10.14+, Chrome OS, iOS 12+, Android 8+
  • Browsers: Chrome 28+, Edge, Firefox 25+, Safari (macOS 10.14+ and iOS 12+)
• Business Hours: Support and human-based services are provided Monday–Friday, 8:30 AM – 5 PM (MST), excluding US federal holidays.
• Support Channels: Help requests may be submitted via the in-app "Submit an Issue" form or by emailing support@snapaudition.com. Snap Audition will respond within 24 business hours.

b. Customer Responsibilities

• Permitted Use: The Service is intended for conducting online and in-person auditions and related activities. Customer agrees to use the Service in compliance with all applicable laws, including COPPA, FERPA, and other privacy regulations.
• Restrictions: Customer may NOT:
  1. Sell, resell, rent, lease, or reverse engineer the Service.
  2. Use the Service to store or transmit infringing, libelous, unlawful, or tortious material.
  3. Interfere with the integrity or performance of the Service.
  4. Attempt to gain unauthorized access to the Service or related systems.
  5. Use the Service to build a competitive product.
  6. Engage in harmful, obscene, indecent, or criminal activity.
  7. Circumvent access restrictions, including using VPNs to mask IP location.
  8. Share user accounts or login credentials.
• Account Security: Customer is solely responsible for maintaining the confidentiality of login credentials and must notify Snap Audition immediately of any unauthorized access.
• Accuracy of Information: Customer warrants that all information provided is true, correct, and accurate. Customer must notify Snap Audition of any changes.

4. Data Ownership, Return, and Deletion

a. Ownership

All data, information, images, files, and content entered or uploaded by Customer or its users ("Customer Information") remains the sole and exclusive property of Customer. No transfer of ownership occurs.

b. Limited License

Customer grants Snap Audition a limited, non-exclusive, royalty-free license to store, transmit, and process Customer Information solely for the purpose of providing the Service. Snap Audition shall not use Customer Information for any other purpose, including:

• Advertising or marketing
• Product development or feature improvement
• Training artificial intelligence or machine learning models
• Any other purpose not directly related to providing the Service

c. Deletion of Customer Information – Organization Consent Required

This restriction includes, but is not limited to:

• Deletion of individual user submissions
• Deletion of entire audition events
• Automated purging of data based on internal retention schedules
• Deletion following account termination or expiration
• Deletion of data for individual users who request deletion

d. Data Return Upon Termination

Upon termination of this Agreement for any reason, Snap Audition will, at Customer's written request:

• Provide Customer with a copy of all Customer Information in a commonly used, machine-readable format (e.g., CSV, JSON, or ZIP archive) within thirty (30) days of the request.
• Retain Customer Information for a period of ninety (90) days following termination to allow Customer to retrieve, review, or migrate its data.
• Delete Customer Information from its active systems and backups only after receiving written authorization from Customer to proceed with deletion.

e. FERPA-Covered Institutions

For Customers subject to the Family Educational Rights and Privacy Act (FERPA):

• Snap Audition shall not delete education records without the institution's prior written consent.
• Upon termination, Snap Audition will, at the institution's request:
  • Execute a formal data return of all education records.
  • Provide a certification of destruction confirming that education records have been securely deleted, but only after receiving written authorization from the institution to proceed with deletion.

f. Individual User Deletion Requests

Snap Audition recognizes that individual users may request deletion of their own data. However, because audition data is often part of a larger organizational process:

• Notification: Snap Audition will notify the Customer organization within five (5) business days of receiving an individual user deletion request.
• Consent Required: Snap Audition will not delete the individual user's data until the Customer organization provides written consent to do so.
• No Response: If the Customer organization does not respond within thirty (30) days, Snap Audition may:
  • Temporarily restrict access to the individual's data; or
  • Anonymize the individual's personal information while retaining the audition submission for organizational purposes (e.g., scoring records, audit trails).

g. Parental (COPPA) Deletion Requests

For parents or guardians of children under 13:

• Notification: Snap Audition will notify the Customer organization within five (5) business days of receiving a parental deletion request.
• Consent Required: Snap Audition will not delete the child's data until:
  • The Customer organization provides written consent to delete; or
  • The Customer organization instructs Snap Audition to retain the data for a legitimate educational or audition purpose.
• No Response: If the Customer organization does not respond within thirty (30) days, Snap Audition will escalate the matter to the organization's designated privacy contact.

h. Data Retention for Ongoing Auditions

Snap Audition shall not delete any Customer Information that is part of an active or ongoing audition without the Customer organization's written consent, unless:

• The deletion is requested by the individual user and the organization provides consent; or
• The data is required to be deleted by law.

i. Written Consent Requirements

For purposes of this Section, "written consent" means:

• An email from an authorized representative of the Customer organization (using the organization's registered email domain); or
• A formal written request on the organization's letterhead.

j. Deletion Log and Audit Trail

Snap Audition shall maintain a written log of all deletion requests and actions, including:

• Date and time of each deletion request
• Identity of the requester (individual user, parent, organization representative)
• Scope of data requested for deletion
• Organization's response and consent status
• Date and time of actual deletion

This log shall be retained for a minimum of three (3) years and made available to the Customer organization upon request.

5. Payment Terms

• Fees: Customer agrees to pay all fees incurred. All fees are non-refundable except as expressly provided.
• Refund Policy: Credits and entrant-paid registration fees are non-refundable, except where required by law. Refund requests may be submitted to support@snapaudition.com.

6. Disclaimers

7. Confidentiality

• Definition: Confidential Information includes all non-public information disclosed by either party, including but not limited to Customer Information, trade secrets, and the non-public portions of the Service.
• Protection: The Recipient must use at least reasonable care to protect Confidential Information and may not disclose it except:
  • (a) As required by law or legal process.
  • (b) To legal or financial advisors bound by confidentiality.
  • (c) With the Discloser's prior written consent.
• Exclusions: Confidential Information does not include information that: is public, was known prior to disclosure, was received from a third party without restriction, or was independently developed.

8. Proprietary Rights

All software, user interfaces, designs, and technologies provided by Snap Audition remain the exclusive property of Snap Audition and its licensors. Customer may not remove or modify any proprietary markings.

9. Limitation of Liability

• No Indirect Damages: Snap Audition is not liable for any indirect, special, incidental, or consequential damages (including loss of data, lost profits, or costs of delay).
• Cap on Liability: Snap Audition's total liability shall not exceed the total fees paid by Customer in the six (6) months preceding the event giving rise to the claim.

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless Snap Audition from all third-party claims arising from:

• (a) Customer's use of the Service.
• (b) Customer's breach of these Terms.
• (c) Customer's violation of any law, including COPPA or FERPA.
• (d) Submission of inaccurate, fraudulent, or misleading information.

11. Governing Law and Dispute Resolution

• Governing Law: This Agreement is governed by the laws of the State of Colorado, without regard to conflict of laws principles.
• Arbitration: Any dispute arising under this Agreement shall be resolved through binding arbitration in Colorado Springs, Colorado, in accordance with the rules of the American Arbitration Association.
• Class Action Waiver: Each party may bring claims only on an individual basis. Class actions, representative actions, and consolidated proceedings are prohibited.
• Equitable Relief: Snap Audition may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

12. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between the parties and supersede all prior negotiations or agreements.
• Amendments: Snap Audition may update these Terms by posting a revised version on the Dashboard and providing thirty (30) days' advance notice via email. Continued use after the effective date constitutes acceptance.
• Beta Features: Beta features are provided "AS IS" with all faults. Customer assumes all risks associated with their use.
• Assignment: Neither party may assign this Agreement without the other's prior written consent, except in connection with a merger or sale of substantially all assets.
• Survival: Provisions regarding confidentiality, data return, indemnification, and limitation of liability survive termination.
• Customer Name and Logo: Snap Audition may use Customer's name and logo in customer lists and promotional materials, provided such use complies with Customer's trademark guidelines.

13. Contact Information